A Communication for Professional Educators in the Cherry Creek School District

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1 A Communication for Professional Educators in the Cherry Creek School District November 8,2016 Greeting CCEA Members: As I write this, Election 2016 is just 5 days away. The outcome of this election could have a major impact upon so many aspects of our lives. I sincerely hope that you exercised your civic right and responsibility and VOTED! Thanksgiving is coming up later this month. I hope that as you gather with family and friends you have many things for which to give thanks. Enjoy the many traditions your families have established over the years, or start some new traditions this year. However the day transpires, enjoy, reflect, give thanks. Every Member Option (EMO) & Local Member Option (LMO) As you may know, the EMO is a program by which members contribute to the Fund for Children via their state dues. The amount of the assessment is approved each year at Delegate Assembly and is currently $ The money is held in a separate account that can only be used for specific purposes related to political actions supporting public education. So, why is this so important? EMO is used by The Fund to support pro-public education ballot issues, defeat anti-public education ballot issues; help our Local Association pass bond issues/mill levies as well as elect school board members; and contribute to pro-public education candidates running for state elective office, such as Governor, State Board of Education and State Legislature. EMO funds are not used at the national level. CCEA has a similar fund that is controlled by a committee of members from our local who determine how expenditures will be made. This year, contributions from both funds supported the CCSD mill and bond issues as well as pro-public education candidates. None of the contributions are used for candidates or any matters at the national level. If someone wishes to request that the EMO funds be returned to them, they should contact CEA prior to December 15 to make the request. If someone wishes to request that the LMO funds be returned to them, they should contact CCEA prior to December 15 to make the request. Both requests should be made in writing. I would encourage members to maintain their contribution to both because the funds go toward important work to elect pro-education candidates, both at the state and local level, and to pass important ballot initiatives. Members determine the use of these funds, and they are only used for political endeavors to benefit public education. Let s all work together to support public education. For more information on the EMO program, see the article on page 5 at the end of this issue. Cherry Creek Education Association, affiliated with FRUU-CEA-NEA 2851 S Parker Road Suite 1000, Aurora, Colorado Ph: (303) Fax: (303) cceanow@aol.com The Representative Organization Working to Improve 1 Conditions for Successful Educators in Cherry Creek

2 November CEA Bargaining Conference November 14 - School board meeting - Cimarron Elementary pm November 17 - AR Council - Full-day meeting - ISF - 8:00 am - 4:00 pm November 18 - New Member Event - 2 Penguins - 4:00-7:00 November 23 - Compensatory Day for Schools with Fall Conferences November Thanksgiving Survey on Colorado Academic Standards CDE is inviting educators, educational leaders, parents, students and the general public to share their perceptions of the Colorado Academic Standards through an online survey at Survey. The results of the survey will inform the department s planning for the upcoming review and revision of the standards, which is required by law. Deadline is Sunday, Nov. 13. Members can find a link to the survey and more info on the CEA website homepage under Advocacy in Education. Discounted Hockey Tickets Colorado Avalanche is designating an American Education Week game for CEA members on Tuesday, Nov. 15 and the following link has discounted tickets available for CEA members (and staff) and their families: Select American Education Week in the pulldown on the bottom left hand corner of page and that will get you to the reservation section. This opportunity is only for CEA members. Understanding the Sick Leave Bank As part of an effort to smooth the transition to CCEA handling requests for days from the Sick Leave Bank (SLB), we want to provide SLB members with some information and suggestions. Before the Sick Leave Bank Board (SLBB) can process your request for days from the bank, you must provide the following documentation: A completed Sick Leave Bank Form (Procedure ) with your signature and your physician s signature verifying the medical condition A copy of the physician statement you submitted to the District when requesting the medical leave of absence.. It should indicate the date your leave will commence and the date you anticipate that you will return to work. Verification of approval of your medical leave of absence which could be a copy of the from CCSD confirming approval or your approved leave of absence request form. Instructions on printing the online document can be found on the Backyard. The district will not forward any of these documents to the SLBB. The individual employee must do that. These documents can be submitted electronically to the SLBB at ccsd.sickleavebank@gmail.com. (Continued, p. 4) 2

3 Unlike the past thirty-five plus (35+) years, Cherry Creek School District deprived benefits and/or compensation for unused benefits contributions to the hundreds of teachers, mental health employees, and nurses whose employment ended at the end of their contract. For more than thirty-five years, members of the teacher, mental health team, and nurse bargaining units have received benefits coverage through the final pay check of their final contract. Such coverage extended to that final paycheck whether it was because they were non-renewed or it was their final year due to resignation or retirement. Representatives of CCSD Human Resources never discussed this planned action during bargaining as an issue for negotiations nor was it ever raised at any of the regularly scheduled monthly meetings with CCEA President Sheryl Cunningham and UniServ Director Will Grant. It was implemented unilaterally by the District without notification to CCEA. The district s rationale for this decision has been varied. At one point, they claimed that, in part, it was in response to the desires of individual s who did not understand why they needed to complete the enrollment paperwork when they would only have one month of coverage. At another time, it was rationalized because they were now offering new employees medical coverage beginning August 1 rather than delaying it until September 1, so the coverage covered the same period of time (11 months). Of course, that explanation did not address the many employees who were not ending their employment at the end of their first year of employment in CCSD. Another explanation identified qualification for PERA retirement benefits as a reason even though insurance coverage has nothing to do with qualifying for PERA retirement benefits. Executive Director of Employee Relations Steve Colella offered the most straight-forward (but not acceptable) explanation when he asserted that he found nothing in policy to preclude the district from taking such action, and the people affected were no longer employees of CCSD. He even expressed a desire to end the paychecks for departing employees in June or perhaps May to validate to an even greater extent the fact that these people are no longer employees. The district has never before treated hard-working teachers, nurses, and members of the mental health team with such disdain at the end of their employment with the district. Why It is a Problem: Will Everyone Lose a Month s Benefits? In the past, the parties have bargained benefits contribution on the basis of employees receiving their insurance coverage through the last paycheck they received (in August prior to for traditional/transitional calendar employees). This unilateral action forced employees who wanted to continue insurance coverage to assume an additional cost either through COBRA (at 102% of the full cost) with the district, find coverage for a short period of time elsewhere, or incur a potential fine by forgoing insurance coverage for the month. When the payroll change was made in August of 2015, Superintendent Harry Bull stated that the district had no intention of saving money on the action because employees lost a month of coverage when they received the two checks in one month without a corresponding month of benefits. However, employees who were using the district insurance lost a minimum of $ and a maximum of $ Although we do not know the exact amount, we can estimate the amount to be at least $150,000 this year. If the action stands unchallenged, all of our bargaining unit members will lose a month of benefits coverage. Although the district experienced significant savings in August 2015 when the payroll shift was made, those savings were subsequently returned to employees who participated in the insurance program through the $400 offset in October 2015 and Every other school district in the metro area continues benefits for employees through the final paycheck. (continued on page 4, Benefits ) 3

4 Benefits (con t. from page 3) The concept of practice is a long held concept in labor relations because not all understandings and agreements are written into negotiated agreements. That does not mean that they are not enforceable parts of the agreement. It has been a practice that clarifies participation in the benefits program, and it has occurred over a substantial period of time, has been repeated consistently over that time, and has been known quite well and accepted by both parties without objection or any challenge. Steps Toward Reaching Resolution: Last summer, CCEA contacted the district before they implemented the change to identify the problem and short circuit the problem of a benefits cut-off that would be extremely difficult to remedy. The district declined to stop its planned action. In August, CCEA again contacted the district to discuss the matter of people being deprived of their benefits in an effort to understand what the basis was for the district action. Folks in HR said that they would follow up. As the thirty (30) day limit on filing grievances approached in September, CCEA contacted the district regarding holding a meeting or extending the timeline for filing a grievance. The district agreed to extend the timeline for filing the grievance. After two meetings to discuss the matter with Steve Colella and Todd Fukai in October, the basis for the action appeared to be that nothing in the language explicitly prevented the action, and they no longer considered the people to be employees who would be eligible for benefits. Action Taken: On Friday, November 4, CCEA filed grievances on behalf of teachers, nurses, and mental health team members arguing that the district violated the negotiated agreement. We will keep you informed as this matter progresses. Sick Leave Bank (continued from p. 2) Some important facts to keep in mind about the SLB are: Only teachers, mental health team members, and nurses are eligible to belong, and you must be a member of the SLB to qualify for days from it. Days may only be used for the employee s own illness or injury. No more than forty-five (45) total days per school year may be used from the SLB. Personal paid leave (sick and general) must be exhausted prior to accessing days from the SLB. The first two days after exhaustion of personal leave are unpaid prior to paid days from the SLB. However, those two unpaid days are reimbursed if the individual qualifies for Long-Term Disability (LTD). Sixty (60) calendar days after the onset of the disability, the employee qualifies for Long-Term Disability (LTD) and is no longer eligible to draw days from the SLB which is intended to be a financial bridge between exhaustion of accumulated leave and qualifying for LTD benefits. If you anticipate that your leave will be longer than sixty (60) calendar days (note that this refers to calendar days NOT work days), you should apply for LTD. Since the LTD carrier can take over a month to process your claim in order to minimize disruption to your income, we strongly urge you to apply as early as possible. If you have questions, please do not hesitate to contact the SLBB at ccsd.sickleavebank@gmail.com or by calling the CCEA office at

5 Understanding EMO The Colorado Fund for Children & Public Education, a committee of elected CEA members, is responsible for using our members Every Member Option (EMO) contributions so that members have a strong voice in ballot issue campaigns and the election of our recommended, pro-public education candidates. Every member should know how EMO works. CEA Active members annually contribute $41 (teachers) or $20.50 (ESP), collected with your dues and set aside in a separate account. EMO is used by The Fund to support pro-public education ballot issues and defeat anti-public education ballot issues; help CCEA pass bond issues/ mill levies and elect school board members; and contribute to candidates running for state elective office, such as Governor, State Board of Education and State Legislature. The only candidates CEA recommends are those demonstrating they measure up on the education issues we care most about: strengthening public education, improving student learning, ensuring children s health and safety and respecting education employees. Committee members only recommend candidates who complete the recommendation process, submit a questionnaire on education and education employee issues and have an interview face-to-face with local Association members. We recommend Democrats, Republicans and Unaffiliated candidates through our bipartisan recommendation process. CEA EMO does not help elect any federal candidates (Congress or President). Our members NEA dues do not go to federal candidates, and there is no NEA Every Member Option. We hope you agree that your EMO is important to public education in Colorado and that your contribution will combine with other members EMO to make a difference for our students and our profession. If you do not wish to do this, you may get an EMO refund by notifying CEA. To request a refund, send your name, address, and Local Association by December 15 to Every Member Option Refund, 1500 Grant Street, Denver Members can also access the online request form on the CEA website ( Membership will be verified and a refund check will be sent. Members who have questions about the refund process may call Penny Noscroy at CEA, or