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Bargaining Update - May 9, 2022
Posted 5/9/22

The District and FUDTA returned to the negotiations table today after the Public Employment Relations Board (PERB) certified FUSD’s request for impasse (mediation) on May 6. 

The parties met from 9:15 to 2:45. Topics covered today included: 

  • Proposal from FUDTA on:
    • Article 38 - Counselors 
    • Article 31 - P.A.R. (Peer Assistance Review)
    • Article 40 - Nurses 
    • Article 9 - Transfers 
  • Proposals from District on: 
    • Article 21 - General
    • Article 20 - Adult School

Some fiscal consideration of the above proposals include: 

  • Counselors: FUDTA proposed a counselor to student ratio of 1:250, which depending on enrollment changes, could require, by a rough estimate, approximately 80 additional full time counselors (rough cost estimates could range from $10-11.5 million above and beyond current salary offers). 
  • Nurses: FUDTA has requested additional work days for Nurses (aligning them with the school psychologist workday of 192) along with provisions for additional staffing requirements. 

The District remains committed to reaching an agreement with our labor partners that reflects and respects the expertise and dedication of our staff to provide FUSD’s students superlative educational opportunities.

During the impasse process, the District and FUDTA may continue to negotiate open articles. The next session is scheduled for May 18th. It is anticipated that topics may include the following: 

  • Reviewing status of:
    • Article 21 - General 
    • Article 20 - Adult School 
    • Article 22 - Calendar (Review 2023-24 and beyond)
    • Article 41 - COIL 
    • Appendix E
    • Article 9 - Transfers, Reassignment, and Surplussing 
    • Article 36 - Special Education 
    • Article 39 - Pre School 

The topics listed above and plans may be subject to change depending on the assignment and scheduling of the state mediator. 

Many thanks to members of both teams for their hard work during negotiations.

 


 

May 6, 2022

On April 29, the District filed for impasse with the Public Employment Relations Board (PERB) in its negotiations with FUDTA, in hopes an outside mediator could assist both parties in reaching agreement. FUDTA previously filed for impasse in March, which was not certified by PERB, but decided not to jointly file for impasse with the District at this time, requiring PERB to investigate the matter and issue a decision. Today, PERB ruled in favor of the District's request, certifying that the two parties have reached an impasse. 

With this certification, PERB will appoint a mediator to support negotiations between the District and FUDTA. The District remains committed to reaching an agreement that provides all unit members meaningful and substantial ongoing wage increases, with additional one-time payments, and looks forward to working with the PERB negotiator and FUDTA to reach such an agreement. 

 


 

May 4, 2022

The District and FUDTA returned to the negotiations table today as the parties await the Public Employment Relations Board (PERB) determination on FUSD’s request for impasse (mediation). A decision is expected from PERB by Friday, May 6, 2022.

While PERB reviews the request for impasse, FUDTA and the District continue to meet and negotiate.

The District remains committed to reaching an agreement that provides all unit members a meaningful and substantial increase in ongoing wages, with additional one-time payments, as soon as possible. 

Items discussed in today’s session include the following: 

  • Reviewing Status of Articles
    • Article 21 - General {FUDTA to FUSD}
    • Article 20 - Adult School (FUDTA to FUSD)
    • Article 22 - Calendar {Review 2023-24 and beyond}
  • PERB (Impasse) filing - clarification
  • FUDTA handed FUSD proposals on:
    • Article 22 - Calendar
    • Appendix E
    • Article 24 - Salary

A summary of the most recent offers from both parties on Article 24 - Salary are outlined in the table below: 

  FUSD’s 4/11/22
3-Year Salary Proposal
FUDTA's 5/4/22 (dated 4/29/22)
3-Year Salary Proposal
  Ongoing Increase One-Time Payment Ongoing Increase One-Time Payment
2021-2022 3% 3.25% 5.82% (5.07% +.075%) $2,500 + 0.25%
2022-2023 4.81% (COLA [6.56%] less 1.75%) 2% 6.56% (COLA) -
2023-2024 1.86% (COLA [3.61%] less 1.75%) *1.25% 3.61% (COLA) -
3 Year Total 9.67% 6.5% 15.99% $2,500 + 0.25%

*if FUSD reserves in estimated actuals exceed 10%
COLA is subject to state fluctuations on funding; current estimates: 6.56% in 2022-23, 3.61% in 2023-24

The next session is scheduled for May 9. At the next session, it is anticipated that topics will include the following: 

  • Article 31 - PAR 
  • Article 38 - Counselors 
  • Article 40 - Nurses 
  • Article 22-  Calendar {Review 23-24 and beyond}
  • Article 41 - COIL 
  • Article 21- General 
  • Article 22- Adult School 
  • Appendix E

Many thanks to members of both teams for their hard work during negotiations.

 


 

April 29, 2022

The District and FUDTA returned to the negotiations table today, and following the negotiation teams’ best efforts, FUSD declared impasse on Article 24 - Salary, Article 11 - Working Conditions, and Article 23 - Fringe Benefits.

The District has expressed its intent to reach an agreement that provides all unit members a meaningful and substantial increase in ongoing wages, with additional one-time payments, as soon as possible. 

Unfortunately, current and proposed revenue from the state is not keeping up with the increased costs of living in the Bay Area, or the inflation we’re all experiencing. Revenue for school districts must also cover increased operational costs, unfunded and underfunded state and federal mandates, and the learning materials, supplies, and other program costs which, along with our employees, help make FUSD a successful district.

The District is working, to the extent practicable, to meet employees’ needs by providing a competitive salary schedule to recruit and retain great employees, while maintaining fiscal solvency.

After regular negotiations sessions since September 2021, this declaration of impasse is a recognition that there is not yet a clear path toward a negotiated agreement.

What is Impasse?
When face-to-face negotiations fail to resolve items being negotiated and one or both parties believes more bargaining sessions may not result in agreement, a legal impasse can occur. FUSD will file a request with the Public Employment Relations Board (PERB) asking for a determination of impasse. Usually both parties file for impasse; however, only FUSD has done so in this case.  

Since FUDTA is not joining the District in this filing, a PERB agent will investigate and decide whether the parties are at an impasse. 

Why Impasse? 
On March 2, 2022 FUDTA unilaterally filed for impasse. The District did not feel impasse was appropriate at that time as both parties had not exchanged very many salary offers nor had FUDTA presented the preponderance of articles which they originally proposed to negotiate. PERB ruled that impasse was not appropriate and sent both parties back to the table. Since that time FUSD and FUDTA have reached tentative agreements on a number of articles however FUDTA has yet to make any substantive changes to their ongoing salary proposals. FUSD feels at this time it is appropriate for an outside mediator to assist both parties in reaching agreement.

Previous Offers
The proposals on Article 24 - Salary from both parties are summarized in the following tables: 

District Proposals

Date 2021-22 2022-23 2023-24
Ongoing One-Time Ongoing One-Time Ongoing One-Time
12/14/21 2% 2% - - - -
1/28/22 3% 2%   COLA less 2% 2%   COLA less 2% **2%
2/14/22 3% 2% COLA less 1.75% 2% COLA less 1.75% **2%
2/25/22 3% 3% COLA less 1.75% 2% COLA less 1.75% **1%
4/11/22 3% 3% COLA less 1.75% 2% COLA less 1.75% **1.25%
4/11/22 3% 3.25% COLA less 1.75% 2% COLA less 1.75% **1.25%

**if FUSD reserves in estimated actuals exceed 10%
COLA is subject to state fluctuations on funding; current estimates: 6.56% in 2022-23, 3.61% in 2023-24

FUDTA Proposals

Date 2021-22 2022-23 2023-24
Ongoing One-Time Ongoing One-Time Ongoing One-Time
1/24/22 6.07% (COLA +1%) $3,000 COLA *2% COLA *2%
2/4/22 6.07% (COLA +1%) $2,500 COLA *1% COLA *1%
2/14/22 6.07% (COLA +1%) $2,500 COLA *1% COLA -
4/11/22 6.07% (COLA +1%) *1% & $2,500 COLA - COLA -
4/11/22 6.07% (COLA +1%) 0.75% & $2,500 COLA - COLA -
4/25/22 6.07% (COLA +1%) 0.50% & $2,500 COLA - COLA -

*if FUSD reserves in unaudited actuals exceed 10%
COLA is subject to state fluctuations on funding; current estimates: 6.56% in 2022-23, 3.61% in 2023-24

What’s Next?
If PERB “certifies” the impasse, the parties will engage in mediation. PERB will appoint a neutral third party who will attempt to “bridge the gaps” in the parties’ proposals and achieve an agreement. There is no set time period for how long mediation can last, but if it does not result in an agreement, the parties will move to the next stage of impasse called “fact-finding,” at which time there is a hearing where the parties present facts in support of their proposals to a panel which includes a neutral “arbitrator.” The panel issues a recommended settlement; however if this does not lead to an agreement, the impasse process is over. In such an event, the union may legally engage in concerted activities (like a strike) and the District may legally impose its “last best offer.”

The District remains committed to reaching an agreement with our labor partners that reflects and respects the expertise and dedication of our staff to provide FUSD’s students superlative educational opportunities.


 

April 25, 2022

The District and FUDTA returned to the negotiations table today. The District desires to reach an agreement that provides all unit members a meaningful and substantial increase in ongoing wages, with additional one-time payments, as soon as possible.

Today FUDTA presented a new offer on Article 24 - Salary, which is summarized in the following table, along with the most recent proposals from each party. 

FUDTA Offers

  Offer Date: 4/11/22 Offer Date: 4/11/22 Offer Date: 4/25/22
Ongoing One-Time Ongoing One-Time Ongoing One-Time
2021-2022 6.07% (COLA +1%) *1% & $2,500 6.07% (COLA +1%) 0.75% &  $2,500 6.07% (COLA +1%) 0.50% &  $2,500
2022-2023 5.33% (COLA) - 5.33% (COLA) - 5.33% (COLA) -
2023-2024 3.61% (COLA) - 3.61% (COLA) - 3.61% (COLA) -

*if FUSD reserves in unaudited actuals exceed 10%
COLA is subject to state fluctuations on funding

 

District Proposals

  Proposal Date: 2/25/22 Proposal Date: 4/11/22 Proposal Date: 4/11/22
Ongoing One-Time Ongoing One-Time Ongoing One-Time
2021-2022 3% 3% 3% 3% 3% 3.25%
2022-2023 3.58% (COLA less 1.75%) 2% 3.58% (COLA less 1.75%) 2% 3.58% (COLA less 1.75%) 2%
2023-2024 1.86% (COLA less 1.75%) **1% 1.86% (COLA less 1.75%) **1.25% 1.86% (COLA less 1.75%) **1.25%

**if FUSD reserves in estimated actuals exceed 10%
COLA is subject to state fluctuations on funding

Other articles discussed in today’s session include the following: 

  • Article 12 - Class Size
    • Parties continue to work on language.
  • Article 10 - Procedures for Evaluation
    • FUSD and FUDTA agreed to close this article. 
  • Article 32 - Department Chairperson
    • FUSD and FUDTA agreed to close this article. 
  • Article 11 - Working Conditions
    • FUSD and FUDTA will continue to work on language in this article
  • Article 3 - Association Rights
    • FUSD and FUDTA signed a Tentative Agreement.
  • Article 23 - Fringe Benefits 
    • This article remains open
  • Article 1 - Agreement
    • FUSD and FUDTA signed a Tentative Agreement.
  • Article 7 - Hours  
    • Parties continue to work on language.
  • Article 8 - Leaves 
    • FUSD and FUDTA agreed to close this article. 
  • Article 26 - Completion of Meet and Negotiations
    • FUSD and FUDTA signed a Tentative Agreement.
  • Article 19 - Substitutes
    • FUSD and FUDTA signed a Tentative Agreement.
  • Article 37 - Multicultural
    • FUSD and FUDTA agreed to close this article. 

The next session is scheduled for April 29. At the next session, it is anticipated that topics will include the following: 

  • Article 24 - Salary 
  • Article 11 - Working Conditions
  • Article 23 - Fringe Benefits 
  • Article 12 - Class Size 
  • Article 7 - Hours  
  • Article 21 - General
  • Article 20 - Adult School
  • Article 22 - Calendar

Many thanks to members of both teams for their hard work during negotiations.


 

April 11, 2022

 

The District and FUDTA returned to the negotiations table today. The District desires to reach an agreement that provides all unit members a meaningful and substantial increase in ongoing wages, with additional one-time payments, as soon as possible.

Today both the District and FUDTA presented two new proposals on Article 24 - Salary, which are summarized below, and in the following tables along with the most previous proposal from each party. 

  • FUDTA’s First Offer (4.11.22)
    • FUDTA adjusted the one-time contingent salary payment from the second year of their offer (2022-2023) and moved it to the first year of their offer, still making it contingent based on reserve levels above 10%.
  • District’s First Proposal (4.11.22)
    • The District increased the third year one-time contingent salary payment by 0.25%, raising it to 1.25% total in year three for off the schedule one-time payment, contingent on projected reserve levels. 
  • FUDTA’s Second Offer (4.11.22)
    • FUDTA adjusted their prior offer by taking the one-time contingent salary payment of 1% and making it 0.75%, but removing the contingency and thus making the payment certain (pending final agreement).
  • District’s Second Proposal (4.11.22)
    • The District increased the first year one-time contingent salary payment by 0.25%, raising it to 3.25% total in year one for off the schedule one-time payment. 

FUDTA Offers

 

Offer Date: 4/11/22

Offer Date: 4/11/22

Offer Date: 4/25/22

Ongoing One-Time Ongoing One-Time Ongoing One-Time
2021-2022 6.07% (COLA +1%) *1% & $2,500 6.07% (COLA +1%) 0.75% &
$2,500
6.07% (COLA +1%) 0.50% &
$2,500
2022-2023 5.33% (COLA) - 5.33% (COLA) - 5.33% (COLA) -
2023-2024 3.61% (COLA) - 3.61% (COLA) - 3.61% (COLA) -

*if FUSD reserves in unaudited actuals exceed 10%
COLA is subject to state fluctuations on funding

District Proposals

 

Proposal Date: 2/25/22

Proposal Date: 4/11/22

Proposal Date: 4/11/22

Ongoing One-Time Ongoing One-Time Ongoing One-Time
2021-2022 3% 3% 3% 3% 3% 3.25%
2022-2023 3.58% (COLA less 1.75%) 2% 3.58% (COLA less 1.75%) 2% 3.58% (COLA less 1.75%) 2%
2023-2024 1.86% (COLA less 1.75%) **1% 1.86% (COLA less 1.75%) **1.25% 1.86% (COLA less 1.75%) **1.25%

**if FUSD reserves in estimated actuals exceed 10%
COLA is subject to state fluctuations on funding

Other articles discussed in today’s session include the following: 

  • Article 12 - Class Size
    • Parties continue to work on language.
  • Article 10 - Procedures for Evaluation
    • FUSD and FUDTA are considering closing this article. 
  • Article 32 - Department Chairperson
    • This article should be closed soon with parties maintaining contract language.
  • Article 11 - Working Conditions
    • FUSD and FUDTA will continue to work on language in this article
  • Article 3 - Association Rights
    • FUSD presented FUDTA a Tentative Agreement, FUDTA will review. 
  • Article 23 - Fringe Benefits 
    • This article remains open
  • Article 42 - Teachers on Special Assignment
    • FUSD and FUDTA reached and signed a Tentative Agreement. 
  • Article 1 - Agreement
    • FUSD presented FUDTA a Tentative Agreement, FUDTA will review. 
  • Article 7 - Hours  
    • Parties continue to work on language.
  • Article 8 - Leaves 
    • FUSD and FUDTA are considering closing this article. 
  • Article 26 - Completion of Meet and Negotiations
    • FUSD presented FUDTA a Tentative Agreement, FUDTA will review. 
  • Article 19 - Substitutes
    • FUSD presented FUDTA a Tentative Agreement, FUDTA will review. 
  • Article 37 - Multicultural
    • FUSD and FUDTA are considering closing this article. 

The next session is scheduled for April 25. At the next session, it is anticipated that topics will include the following: 

  • Article 3 - Association Rights 
  • Article 32 - Department Chairperson 
  • Article 24 - Salary 
  • Article 11 - Working Conditions
  • Article 23 - Fringe Benefits 
  • Article 12 - Class Size 
  • Article 42 - Teachers On Special Assignment 
  • Article 10 - Procedures for Evaluation 
  • Article 1 - Agreement 
  • Article 7 - Hours  
  • Article 8 - Leaves 
  • Article 19 - Substitutes 
  • Article 21 - General
  • Article 26 - Completion of Meet and Negotiations 
  • Article 37 - Multicultural 
  • Appendix F - Calendar

Many thanks to members of both teams for their hard work during negotiations.


March 29, 2022

The District and FUDTA returned to the negotiations table today. The District desires to reach an agreement that provides all unit members a meaningful and substantial increase in ongoing wages, with additional one-time payments, as soon as possible. In February both the District and FUDTA exchanged proposals on Article 24 - Salary, which are summarized below. 

FUDTA provided the following on February 14, 2022: 

2021-2022

Year Ongoing Salary Increase One-Time Off Schedule Payment
6.07%
(COLA +1%)
$2,500
2022-2023 5.33%
(COLA)
**1%
2023-2024 3.61%
(COLA)
-

 

**if FUSD reserves in unaudited actuals exceed 10%

 

The District provided a counter offer on February 28, 2022 as follows:

 

Year Ongoing Salary Increase One-Time Off Schedule Payment
2021-2022 3% 3%
2022-2023 3.58%
(COLA less 1.75%)
2%
2023-2024 1.86%
(COLA less 1.75%)
*1%

 

*if FUSD reserves in estimated actuals exceed 10%
COLA amounts in FUSD and FUDTA proposals are subject to state fluctuations on funding

 

FUDTA unilaterally filed for impasse on March 2, 2022, asserting that they could not counter a regressive salary offer. On March 9, 2022, PERB ruled against FUDTA’s request for impasse, thus sending the parties back to the negotiations table. 

 

On March 25, 2022, the District anticipated FUDTA would provide a counter to the District's February 28, 2022 offer. FUDTA reproduced their prior offer from February 14, 2022, making no changes. 

 

Today, the District respectfully requested FUDTA provide a counter on Article 24 which demonstrates movement and/or change from their prior offer. FUDTA declined to provide a proposal today.

 

Other articles discussed in today’s session include the following: 

 

  • Article 12 - Class Size
    • This article should be closed soon with parties maintaining contract language.
  • Article 10 - Procedures for Evaluation
    • FUDTA plans to respond to the District’s offer in April. 
    • The District is awaiting FUDTA’s response. 
  • Article 32 - Department Chairperson
    • This article should be closed soon with parties maintaining contract language.
  • Article 11 - Working Conditions
    • FUSD and FUDTA have reached agreement on most language and will prepare to close this article in April.
  • Article 3 - Association Rights
    • FUDTA plans to respond to the District’s offer in April. 
  • Article 23 - Fringe Benefits 
    • FUDTA presented an offer requesting that FUSD pay the entire premium, prorated on full-time employment status, for the unit member’s dental plan. Given the total cost of this request, over $2 million, FUSD is unable to agree to the request. 
  • Article 42 - Teachers on Special Assignment
    • FUSD presented a tentative agreement.
  • Article 1 - Agreement
    • Parties continue to work on language.
  • Article 7 - Hours  
    • Parties continue to work on language.
  • Article 8 - Leaves 
    • Parties continue to work on language.

 

The next session is scheduled for April 11. At the next session, it is anticipated that topics will include the following:

 

  • Article 3 - Association Rights
  • Article 32 - Department Chairperson
  • Article 24 - Salary
  • Article 11 - Working Conditions
  • Article 23 - Fringe Benefits
  • Article 12 - Class Size
  • Article 42 - Teachers On Special Assignment
  • Article 10 - Procedures for Evaluation
  • Article 1 - Agreement
  • Article 7 - Hours
  • Article 8 - Leaves
  • Article 19 - Substitutes
  • Article 21 - General
  • Article 26 - Completion of Meet and Negotiations
  • Article 37 - Multicultural

 

Many thanks to members of both teams for their hard work during negotiations.

 


 

March 25, 2022

 

The District and FUDTA returned to the negotiations table today after PERB (Public Employee Relations Board) did not certify FUDTA’s request for impasse and mediation. Impasse is generally called/determined when face-to-face negotiations fail to resolve items being negotiated. The District remains committed to negotiating and engaging in meaningful dialogue about reaching agreement on many contract provisions, including salary.

 

During today’s session the following item was discussed: 

 

  • Compensation - Article 24
    • FUDTA gave the District the same proposal provided by FUDTA on February 14, 2022, making no movement in either ongoing or one-time salary increases from their prior offer.  
    • The District is scheduled to provide a response on March 29, 2022, during the next scheduled negotiations session. 

 

A summary of both offers is outlined in the table below: 

 


 
FUSD’s Current
3 Year Salary Proposal
(2.25.22)
FUDTA's Current
3 Year Salary Proposal
(2.14.22 and 3.25.22)
Ongoing Increase One-Time Payment Ongoing Increase One-Time Payment
2021-2022 3% 3% 6.07%
(COLA +1%)
$2,500
2022-2023 3.58%
(COLA less 1.75%)
2% 5.33%
(COLA)
**1%
2023-2024 1.86%
(COLA less 1.75%)
*1% 3.61%
(COLA)
-
3 Year Total 8.44% 6% 15.01% 1% + 2,500

 

*if FUSD reserves in estimated actuals exceed 10%
**if FUSD reserves in unaudited actuals exceed 10%

COLA amounts in FUSD and FUDTA proposals are subject to state fluctuations on funding

 

The District remains hopeful that an agreement can be reached to support increased salaries for all our employees. Increases in revenue for school districts must also cover increased operational costs, unfunded and underfunded state and federal mandates. The District recognizes that all FUSD employees are deserving of raises far beyond what that state’s funding formula provides. 

 

Other articles discussed in today’s session include the following: 

 

  • Class Size - Article 12
    • FUDTA provided their initial offer, outlining no desired changes leaving the article as status quo.
    • The District is scheduled to provide a response on March 29, 2022, during the next scheduled negotiations session. 
  • Article 10 - Procedures for Evaluation
    • The District provided a counter seeking specific standards for evaluation for Speech and Language Therapists, to better reflect the specialized nature of their work. 
    • The District is awaiting FUDTA’s response. 
  • Department Chairperson - Article 32
    • FUSD and FUDTA continue to work on language in Article 32.
  • Working Conditions - Article 11
    • FUSD and FUDTA have reached agreement on most language and will work toward closing this article on March 29th.
  • Association Rights - Article 3
    • FUSD and FUDTA continue to work on language in Article 3. 
  • Article 23 - Fringe Benefits 
    • FUDTA presented an offer requesting that FUSD pay the entire premium, prorated on full-time employment status, for the unit member’s dental plan. 

 

The next session is scheduled for March 29. At the next session, it is anticipated that topics will include the following: 

 

  • Article 3 - Association Rights
  • Article 32 - Department Chairperson 
  • Article  24 - Salary 
  • Article 11  - Working Conditions
  • Article 23 - Fringe Benefits 
  • Article 12  - Class Size 
  • Article 42 - Teachers On Special Assignment 
  • Article 10 - Procedures for Evaluation
  • Article 1 - Agreement 
  • Article 7 - Hours  
  • Article 8 - Leaves 
  • Article 19 - Substitutes 
  • Article 21 - General 
  • Article 26 - Meet 
  • Article 37 - Multicultural 

 

Many thanks to members of both teams for their hard work during negotiations.

 


 

March 10, 2022

 

As noticed in our February 25, 2022 update, FUDTA filed for impasse with PERB (Public Employee Relations Board). Impasse is generally called/determined when face-to-face negotiations fail to resolve items being negotiated. FUDTA filed a request with PERB asking for a determination of impasse. Usually both parties file for impasse; however, only FUDTA did so in this case. The District requested to return to the table to continue negotiations.

 

On March 9, 2022, the District and FUDTA received notice that PERB ruled that the appointment of a mediator is not appropriate at this time, meaning that the request for impasse by FUDTA was not certified. The District looks forward to continuing negotiations.

 


 

February 25, 2022

 

The District is disheartened and disappointed that at the end of today’s FUSD/FUDTA bargaining session, FUDTA refused to continue to negotiate and independently declared an impasse in negotiations. The District team does not agree the parties are at impasse and wishes to continue negotiations. 

 

What is an Impasse?
When face-to-face negotiations fail to resolve items being negotiated and one or both parties believes more bargaining sessions would be futile, a legal impasse can occur. FUDTA (in this case) will file a request with the Public Employment Relations Board (PERB) asking for a determination of impasse. Usually both parties file for impasse; however, only FUDTA has done so in this case. The District has requested to return to the table to continue negotiations.

Since the District is not joining FUDTA in this filing, a PERB agent will investigate and decide whether the parties are at impasse. 

 

Why Impasse? 
In today’s session FUDTA asserted that the latest District proposal offered less money than the previous proposal. Based on this opinion, which the District stated was inaccurate, FUDTA would not continue bargaining and declared impasse. 

 

The District’s Latest Proposal to FUDTA
Here is information about the District’s offer from today and the prior offer:

 


 
FUSD’s Prior Proposal FUSD’s Current Proposal
Ongoing Increase One-Time Payment Ongoing Increase One-Time Payment
2021-2022 3% 2% 3% 3%
2022-2023 3.58%
(COLA less 1.75%)
2% 3.58%
(COLA less 1.75%)
2%
2023-2024 1.86%
(COLA less 1.75%)
*2% 1.86%
(COLA less 1.75%)
*1%
Subtotal 8.44% 6% 8.44% 6%
Total 14.44% 14.44%
Note 4% of the 6% one-time money is certain, 2% is conditional on the level of future reserves& 5% of the 6% onetime money is certain, 1% is conditional on the level of future reserves; a larger amount of money is guaranteed and unconditional

 

*if FUSD reserves in estimated actuals exceed 10%

 

 

 

The District proposal was an improvement by guaranteeing more money for FUDTA members and decreasing the amount that is contingent upon reserve levels in 2023-2024. Further, the District’s projections previously shared with FUDTA indicate that the 2023-24 reserves are not expected to exceed 10%.

The District remains focused on providing a meaningful offer intended to put money in the pockets of our employees as soon as possible. The District wishes to continue good faith, face-to face negotiations to resolve the parties’ differences. We hope FUDTA will return to the table. 

 


 

February 14, 2022

 

FUSD and FUDTA met today for continued negotiations. During today’s session the following items were discussed: 

 

  • Class Size - Article 12
  • Department Chairperson - Article 32
  • Working Conditions - Article 11
  • Association Rights - Article 3
  • Compensation - Article 24
    • District presented FUDTA with an improved offer for increased compensation over the next three years
    • FUDTA provided the District with a counter offer, removing a conditional one-time payment in 2023-2024

 

A summary of both offers is outlined in the table below: 

 


 
FUSD's Current 
3 Year Salary Proposal
FUDTA's Current
3 Year Salary Proposal
Ongoing Increase One-Time Payment Ongoing Increase One-Time Payment
2021-2022 3% 2% 6.07%
(COLA +1%)
$2,500
2022-2023 3.58%
COLA less 1.75%)
2% 5.33%
(COLA)
**1%
2023-2024 1.86%
(COLA less 1.75%)
*2% 3.61%
(COLA)
-
Total 14.44% 18.56%
Estimated 3 Year Cost $56,236,887 (FUDTA Only)
view summary of cost projections
$84,963,610 (FUDTA Only)
view summary of cost projections

 

*if FUSD reserves in estimated actuals exceed 10%
**if FUSD reserves in unaudited actuals exceed 10%
COLA amounts in FUSD and FUDTA proposals are subject to state fluctuations on funding

 

To demonstrate the impacts of recent proposals from both FUSD and FUDTA, the District provided a fiscal summary, specifically outlining the estimated impact of recent proposals on the District’s end fund balance and reserves:

 

 

Today, the District invited FUDTA to engage in a collaborative process to review FUSD’s fiscal condition and review budget projections with a regional or statewide CTA representative, FUDTA representatives, FUSD representatives, and a representative from School Services of California. The District is awaiting FUDTA’s response to this invitation. 

 

The District remains hopeful that with increased revenue projections from the state, an agreement can be reached to support increased salaries for all our employees. These increases in revenue for school districts must also cover increased operational costs, unfunded and underfunded state and federal mandates. The District recognizes that all FUSD employees are deserving of raises far beyond what that state’s limited funding can provide, even with improved funding projections. 

 

The next session is scheduled for February 25. At the next session, it is anticipated that topics will include the following: 

 

  • Article 3 - Association Rights
  • Article 32 - Department Chairperson
  • Article 24 - Salary
  • Article 11  - Working Conditions
  • Article 12  - Class Size
  • Article 10 - Procedures for Evaluation
  • Article 22 - Calendar
  • Article 36 - Special Education

 

Many thanks to members of both teams for their hard work during negotiations.

 


 

February 9, 2022

 

FUSD is committed to providing a competitive salary schedule to recruit and retain great employees. Without question, all FUSD employees (classified and certificated) are deserving of increased wages. Given the many challenging economic conditions we face, particularly with the Bay Area’s high cost of living, school employees need ongoing and substantial increases in compensation. 

 

In January 2022, FUSD provided FUDTA an offer for increased compensation to meet the following purposes: 

 

  • Acknowledge the continued efforts of Fremont educators, and all FUSD staff, to provide students with superlative educational programs.
  • Provide a competitive salary schedule to recruit and retain expert educators and staff.
  • Expend revenues consistent with their source (i.e., not expend one-time funds for ongoing obligations).
  • Contain and manage the District’s existing structural deficit to preserve the ongoing fiscal health of the District.

 

FUSD and FUDTA have not yet been able to reach an agreement surrounding an ongoing salary increase. Currently, both parties are in active negotiations and the District remains committed to this process and reaching agreement. 

 

Recently, the parties have been discussing a possible three-year agreement for ongoing increases in the current year and the two following years. The proposals also include aspects of one-time payments for employees in addition to the ongoing increases. Both the FUDTA and FUSD proposals are centered around the “COLA” (cost-of-living adjustment) provided by the state. 

 

FUSD acknowledges that COLA is provided as the main source of ongoing increased revenue to districts based on current state funding models. These increases in revenue for school districts must cover increased operational costs, unfunded and underfunded state and federal mandates, as well as providing the primary source of any ongoing salary increases for employees. Additionally, while the current year (2021-2022) fiscal conditions are not subject to change based on the Governor's recently proposed budget for the next school year (2022-2023), those projections for increased school funding in future years are not guaranteed. 

 

Due to a pattern of declining enrollment in FUSD, and the fiscal impact related to that outcome, FUSD’s proposal includes language specifying that the District’s proposal is contingent on the state enacting the current proposed budget regulations allowing school districts to use a three-year average of enrollment as this lessens the immediate negative impact of declining enrollment. 

 

Below you’ll note some key aspects of the proposals put forth by both FUSD and FUDTA, along with links to the proposals that have been shared between the parties: 

 

 

 


 
FUSD's Current 3 Year Proposal FUDTA's Current 3 Year Proposal
Ongoing Increase One-Time Payment Ongoing Increase One-Time Payment
2021-2022 3% 2% 6.07%
(COLA +1%)
$2,500
2022-2023 3.33%
(COLA less 2%)
2% 5.33%
(COLA)
**1%
2023-2024 1.61%
(COLA less 2%)
*2% 3.61%
(COLA)
**1%
Estimated 
3 Year Cost
$54,411,644 (FUDTA Only)
view summary of cost projections
$87,537,569 (FUDTA Only)
view summary of cost projections

 

*if FUSD reserves in estimated actuals exceed 10%
**if FUSD reserves in unaudited actuals exceed 10%
COLA amounts in FUSD and FUDTA proposals are subject to state fluctuations on funding

 

 

 

The District recognizes that all FUSD employees are deserving of raises far beyond what that state’s limited funding can provide, even with improved funding projections. Concurrent with that recognition, FUSD also recognizes the need to maintain funding for increased operation costs year over year, unfunded and underfunded state/federal mandates, and the need to maintain fiscal resources to support the learning materials, supplies, and other program costs which, along with our employees, help make FUSD a successful district. 

 

We remain committed to negotiating in good faith with our bargaining units. Our intent is to reach agreement on increased compensation for our outstanding employees.

 


 

February 4, 2022

 

FUSD and FUDTA met on Friday, February 4 to continue this year’s negotiations. During today’s session the following items were discussed: 

 

  • Compensation - Article 24
  • Class Size - Article 12
  • Department Chairperson - Article 32
  • Working Conditions - Article 11

 

The parties continue to negotiate and discuss important topics in all areas listed above and look forward to future discussions about the above articles as well as many other agreements upon topics for negotiations. 

 

The next session is scheduled for February 14. At the next session, it is anticipated that topics will include the following: 

 

  • Compensation - Article 24
  • Teachers on Special Assignment - Article 42
  • Class Size - Article 12
  • Department Chairperson - Article 32
  • Working Conditions - Article 11
  • Association Rights - Article 3

 

Many thanks to members of both teams for their hard work during negotiations. 
 

 


 

January 28, 2022

 

FUSD and FUDTA met on Friday, January 28 to continue this year’s negotiations. During today’s session the following items were discussed: 

 

 

The parties continue to negotiate and discuss important topics in all areas listed above and look forward to future discussions about the above articles as well as many other agreements upon topics for negotiations. 

 

The next session is scheduled for February 4. At the next session, it is anticipated that topics will include the following: 

 

  • Compensation - Article 24
  • Teachers on Special Assignment - Article 42
  • Class Size - Article 12
  • Department Chairperson - Article 32
  • Working Conditions - Article 11
  • Association Right - Article 3

 

Many thanks to members of both teams for their hard work during negotiations. 

 


 

January 24, 2022

 

FUSD and FUDTA met on Monday, January 24 to continue this year’s negotiations. During today’s session the following items were discussed: 

 

  • Compensation - Article 24
  • Class Size - Article 12
  • Association Rights - Article 3
  • Hours - Article 7

 

The next session is scheduled for Friday, January 28, 2022. At the next session, it is anticipated that topics will include the following: 

 

  • Compensation - Article 24
  • Teachers on Special Assignment - Article 42
  • Class Size - Article 12
  • Department Chairperson - Article 32
  • Working Conditions - Article 11

 

Many thanks to members of both teams for their hard work during negotiations. 

 


 

November 2, 2021

 

FUDTA and FUSD met on Tuesday, November 2 and discussed the following items:
- MOU  CalPERS /Public Employees’ Medical and Hospital Care Act (“PEMHCA”).
- Substitute MOU
- Discussed Article 7 - Hours
- Discussed Article 12 - Class Size
- Discussed Article 3 - Association Rights

 

Both parties will provide counter proposals at the next bargaining session. The teams are meeting on November 10, 2021 at 3:30 p.m.    

 


 

October 25, 2021

 

FUDTA and FUSD met on Monday the 25th of October and discussed the following items:

 

- FUDTA presented a counter offer to the FUSD proposed MOU to address the Public Employees’ Medical and Hospital Care Act {PEMHCA}
- The following Articles were discussed:

 

  1. Summer School
  2. Hours
  3. Class Size
  4. Association Rights

 

- Both parties committed to providing counter proposals at the next bargaining session.

 

The teams are meeting again on the 2nd of November.

 


 

October 7, 2021

 

FUDTA and FUSD met on Thursday the 7th of October and discussed the following items:
- Associate Superintendent Pfeiffer updated us on the CBEDS (student enrollment and ADA). 
- FUDTA asked questions regarding the proposed MOU to address the Public Employees’ Medical and Hospital Care Act (PEMHCA)
- The following Articles were discussed:

 

  1. Summer School
  2. Hours
  3. Class Size
  4. Association Rights

 

- Both parties committed to providing counter proposals at the next bargaining session.
The teams are meeting again on the 25th of October

 


 

September 29, 2021

 

FUDTA and FUSD met on Wednesday the 29th of September and discussed the following items:
- Discussed the Norms of the negotiations
- Associate Superintendent Pfeiffer presented on the Unaudited Actuals and the state of District budget. 
- We discussed a possible MOU to address the Public Employees’ Medical and Hospital Care Act (PEMHCA)
- Developed the initial contract articles to be discussed.

 

The teams are meeting again on the 7th of October, 2021