Questions and Answers: Intermediaries and Negotiations

What specifically are intermediaries and how does the representation by intermediaries affect negotiations between staff and the school administration?

On Intermediaries: If a union is voted in, Mundo Verde staff members will be represented by a single person or at most a small group that works to represent the interest of staff for most issues involving terms and conditions of employment.

• Individual staff will no longer be able to speak for themselves or to use their own voice.

• Staff will pay dues to support the work of the person representing their interest.

• Staff currently have a voice at Mundo Verde; school leaders and staff have worked together to solve some of our school’s most pressing challenges together. [insert three examples here]

On Negotiations: When it comes to negotiations, there are no guarantees.

• Once the contract negotiations begin, everything, including current wages, benefits and other terms of employment, are on the table.

• The law does require Mundo Verde and the AFT to bargain in good faith and try to reach an agreement.

• The law does not require Mundo Verde and the union to agree or that negotiations end with a signed contract.

• When negotiations start, both sides start with a clean slate, so: Pay & Benefits - Could go up, Could remain the same, Could go down.

• Mundo Verde would bargain in good faith, but would not agree to any union demand would hurt our non-profit public charter school and the students and families we serve. The law gives Mundo Verde the right to say, “No.”

Vote on Wednesday, May 15th: Mundo Verde wants to ensure you have the information you need to make an informed decision in the upcoming union election. We strongly encourage everyone eligible to vote in the election to do so. This decision is too important to leave in the hands of someone else.

Mundo Verde Staff Ask Questions and Receive Answers

Below are questions Mundo Verde teachers and staff presented in the days leading up to the vote on May 15. The answers below are intended to provide guidance as our staff and teachers prepare to vote.

If the AFT is voted in, will we get more money and better benefits?

• The AFT cannot guarantee that employees will receive more money and/or benefits during or as a result of the collective bargaining process.

• If the AFT is voted in, Mundo Verde will recognize the union as your exclusive collective bargaining representative. Upon request, Mundo Verde will sit down with union officials at the bargaining table and bargain in good faith over your pay, your benefits, and your other terms and conditions of employment.

Is it true that under the law Mundo Verde will have to agree to a contract?

• It is true that Mundo Verde will have to sit down with the union and attempt to negotiate a contract.

• However, the law specifically says that neither party, is required to agree to any particular demands or proposals made by the other side, and neither party is required to agree to a contract.

• There is no guarantee that the parties will reach an agreement. It is impossible to estimate how long it will take to negotiate a contract (or two contracts if group A and group B are voted to unionize separately).

• As a new union, the District of Columbia Alliance of Charter Teachers and Staff (DCACTS - Local 1927), has not yet successfully negotiated a contract. AFT teachers and staff at Caesar Chavez have been working without a contract for two years.

Why does Mundo Verde oppose the union?

Mundo Verde supports the desire of every member of the faculty and staff in seeking information and understanding the facts surrounding unionization as you consider this very important decision. Ultimately, the decision of whether to unionize is in the hands of teachers and staff, and is yours alone. We are strongly encouraging everyone who is eligible to let their voices be heard and to vote in the election on May 15th regarding this decision. This issue is too important not to participate or to leave in someone else’s hands.

Is it true that in bargaining, negotiations start where the employees are and will only go up from there?

This is not true. In bargaining, all of the employees’ present pay, benefits, and working conditions go into the middle of the bargaining table and are subject to the give and take of good-faith bargaining. Employees may get better conditions; the same conditions; or even lose pay and/or benefits as a result of the bargaining. At this time, no one knows what the result of collective bargaining will be.

If Mundo Verde cannot promise anything, how can we be assured that the school will take action on the issues and concerns we have brought up if we vote no?

Trust and a long-history of being an employee-oriented academic institution. Under the law, we cannot make any promises or changes now, but we have been listening to you very intently and noting the concerns and issues which you have brought-up. Look at our track record which includes:

• Direct collaboration on pay scale and pay increases for beginning teachers

• Direct collaboration on health care premium payments

• Direct collaboration on leave policy

• Direct collaboration on planning and free periods for teachers each month

• Established forms of obtaining feedback and input into decisions, including a Staff Council

Our history of trust and emphasis on being an employee-oriented School means we are listening, we will continue to listen, and we want to work through your concerns directly with you.

Is respect something that may be negotiated in a contract?

Mundo Verde is an employee-oriented school, and we believe in treating employees with honesty and respect. This is not a goal – it is requirement. With or without a contract in place, we expect our supervisors and managers to treat you with respect and we expect the same in return.

What if I already signed a union authorization form or promised to vote for the union?

The authorization card was used as a “Showing of interest” with the NLRB to set up the election. All eligible voters have the right to vote any way they want on election day. The vote will be by secret ballot, meaning that no one will know how you voted. The National Labor Relations Act protects you from changing your mind even if you signed an authorization form.

What if I do not vote on election day?

If you do not cast a vote, you will be forfeiting your right to participate in the election and your right to help control your own destiny. For example, if you do not wish to have a union or pay union dues, but you fail to vote, you will be letting other people make that decision for you. If you do not vote, then the number of votes needed for the union petition to pass or fail will be reduced. Like a presidential election, the result of the election is based on the number of people who vote. For example, if there are 100 eligible voters, but only 20 vote in the election, 11 people will decide that the entire 100 will pay dues and be represented by the union even if they don’t want it.

Details on the Ballot and Vote(s)

From the National Labor Relations Board “Notice of Election” —

PURPOSE OF ELECTION: This election is to determine the representative, if any, desired by the eligible employees for purposes of collective bargaining with their employer. A majority of the valid ballots cast will determine the results of the election. Only one valid representation election may be held in a 12-month period.

Voting, Group A: Two questions shall appear on the ballot of the professional employees in Group A:

1. Do you wish to be included with nonprofessional employees in a unit for the purposes of collective bargaining? The choices on the ballot will be "Yes” or "No".

2. Do you wish to be represented for purposes of collective bargaining by DISTRICT OF COLUMBIA ALLIANCE OF CHARTER TEACHERS AND STAFF, LOCAL 1927, AFT, AFL-CIO? The choices on the ballot will be "Yes” or "No”.

Voting Group B: The question on the ballot for the non-professional employees in Group B will be:

• Do you wish to be represented for purposes of collective-bargaining by DISTRICT OF COLUMBIA ALLIANCE OF CHARTER TEACHERS AND STAFF, LOCAL 1927, AFT, AFL-ClO? The choices on the ballot will be "Yes" or "No”.

If a majority of the professional employees voting in Unit A vote "Yes" to the first question, indicating their desire to be included in a unit with nonprofessional employees, they will be so included, and their votes on the second question will be counted together with the votes of the nonprofessional employees in Unit B to decide the question concerning representation for the overall unit consisting of the employees in Units A and B. If on the other hand, a majority of the professional employees voting in Unit A do not vote "Yes" to the first qUestion, their ballots will be counted separately to decide the question concerning representation in a separate Unit A.

Possible outcomes:

• Group A votes YES to including Group B in the bargaining unit and more than 50% of all voters vote YES for AFT representation = AFT will represent all employees from Group A and Group B for purposes of bargaining and they will negotiate terms to cover all employees.

• Group A votes YES to including Group B in the bargaining unit and less than 50% of all voters vote YES for AFT representation = AFT will not represent any employees for purposes of bargaining

• Groups A votes NO to including Group B in the bargaining unit so Group A and Group B’s votes are counted separately

  • More than 50% of Group A votes YES for the Union and more than 50% of Group B votes YES for AFT representation = AFT represents both Group A and Group B for purposes of bargaining and they will negotiate terms for each group separately

  • More than 50% of Group A votes YES for the Union but less than 50% of Group B votes YES for AFT representation = AFT represents only Group A

  • Less than 50% of Group A votes YES for AFT representation and more than 50% of Group B votes YES for AFT representation = AFT represents only Group B

  • Less than 50% of Group A votes YES for AFT representation and less than 50% of Group B votes YES for AFT representation = AFT will not represent any employees for purposes of bargaining

Voting Unit B: Employees Eligible to Vote

From the NLRB Notice of May 15 Election —

MUNDO VERDE BILINGUAL PUBLIC CHARTER SCHOOL - VOTING UNIT B (NON-PROFESSIONAL UNIT)

EMPLOYEES ELIGIBLE TO VOTE: All full-time and regular part-time Associate Teachers, Classroom Associates (before and after care), Dedicated Aides, Recess Assistants, Substitute Teachers/Support Staff, Classroom Assistants, Extended Day Staff, Kitchen Staff, Food Service, Receptionists, Project Associates, and Operations Associates employed by the Employer at its facility currently located at 30 P Street, NW, Washington, DC.

EMPLOYEES NOT ELIGIBLE TO VOTE: All professional employees, Facility Managers, Chefs, managerial employees, guards and supervisors as defined in the Act, and all other employees:

Others permitted to vote: The parties have agreed that Executive Coordinators may vote in the election but their ballots will be challenged since their eligibility has not been resolved. No decision has been made regarding whether the individuals in these classifications or groups are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.

Voting Unit A: Employees Eligible to Vote

From the NLRB Notice of May 15 Election —

MUNDO VERDE BILINGUAL PUBLIC CHARTER SCHOOL, VOTING UNIT A (PROFESSIONAL UNIT)

EMPLOYEES ELIGIBLE TO VOTE: All full-time and regular part-time professional employees, including Teachers, Lead Teachers, Inclusion Teachers, Fellow Teachers, Intervention Teachers, Long-Term Substitute Teachers, Special Educators, Bilingual Teaching Fellows, Instructional Coaches in Residence, Student and Family Support Coordinators, Restorative Practice Coordinators, Restorative Practice Assistants, Psychologists, Special Ed Teaching Fellows, Social Workers, Speech and Language Pathologists, Directors of Data in Residence, Data and Assessment Coordinators, School Garden Coordinators, Recess Coordinators, Before Care Coordinators, Executive Coordinators, Nutritionists, and Nurses employed by the Employer at its facility currently located at 30 P Street, NW, Washington, DC who were employed by the Employer during the payroll period ending April 30, 2019.

EMPLOYEES NOT ELIGIBLE TO VOTE: Associate Teachers, Classroom Associates (before and after care), Dedicated Aides, Recess Assistants, Substitute Teachers/Support Staff, Classroom Assistants, Extended Day Staff, Kitchen Staff, Facility Managers, Food Service, Chefs, Receptionists, Project Associates, Operations Associates, all other managerial employees, guards, and supervisors as defined in the Act, and all other employees.

Others permitted to vote: The parties have agreed that Executive Coordinators may vote in the election but their ballots will be challenged since their eligibility has not been resolved. No decision has been made regarding whether the individuals in these classifications or groups are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.

From a Member of Staff Seeking Answers...

May 5-6, 2019

Dear Colleagues,

When thinking of the possibility of having a union at Mundo Verde, I don’t just think about the impact it will have on staff but I also think about what the impact will be at a school level. The limitations on creating and developing new projects will be noticeable. I want to be fully informed and that is my right as a worker before a vote. I still have questions and encourage others to seek answers to their questions.

Are you certain that new projects won’t be impacted? Has AFT shared a finalized charter union contract with the team? If so, can you please share it with all of us to review. I would like to see how AFT captured the charter’s mission and culture in a contract. If not, can you ask AFT to share it with us?

Last Wednesday, I asked about the specific goals. For example, when you say “communal protections,” “accountability” and “work environment” what is it referring to? Security guards on site, smaller class sizes, salary increases, etc.?

There are other questions that I would like to hear/read an answer to. Joe mentioned in a response to Rodrigo’s email that the union “is democratic and includes the input of every member.” I would like to know how the vote will be weighted if non-instructional staff are the minority? For example, smaller class sizes. That is ideal for teachers but not so great for non-instructional because reducing enrollment will decrease Mundo Verde’s budget, as it was explained at the board meeting, thereby cutting on non-instructional/non-classroom staff positions. Please don’t say that my job will be secured because that would mean financial assistance provided to needy families and students (meals, uniforms, transportation, extended day, etc.) will be impacted one way or another.

Would it be possible to get answers to the questions Rodrigo shared on his email. I think more than one person would like to know the answer to those.

Looking forward to the responses and a productive dialog.

---------------------

May 9, 2019

Good Morning to all,

I’ve been waiting for a response to my email and since voting is next week I searched for answers because if we learned anything from the 2016 presidential election it is to be well informed. Yesterday, I attended the info session that Angel Cornejo is providing for all of us. All my questions were answered without heighten tension which is something I can’t say when I attended a union staff meeting last Wednesday. Although, staff apologized it was clear that asking questions or having a different opinion was not the norm. I encourage all to attend the info session this week with Angel. Here is what I learned:

Is having a union the only way to request higher salaries?

Activity Outside a Union: Employees who are not represented by a union also have rights under the NLRA.  Specifically, the National Labor Relations Board protects the rights of employees to engage in “concerted activity”,  which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.  A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action. A few examples of protected concerted activities are:

• Two or more employees addressing their employer about improving their pay.

• Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.

• An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

More information, including descriptions of actual concerted activity cases, is available on the protected concerted activity page.

Source: https://www.nlrb.gov/rights-we-protect/rights/employee-rights

If we no longer want to be represented by the union, can it be possible?

Yes, the majority of the employees can petition the NLRB to stop the process. That means that if 59 out of 115 staff members say right now that we want to stop this process before a vote, we can and that is our right!

If the vote is “yes” on May 15th to be part of the union then we have to wait after the first year during contract negotiations to request NLRB that we no longer want to be represented by the union. The majority of staff would need to agree.

If after a contract is finalized, we decide to no longer want to be a part of the union we have to wait 2 ½ years before we petition the NLRB that we don’t want to be unionized. The majority of staff would need to agree.

If the vote is “yes” on May 15, are we already part of the union?

No, that means that negotiations can begin. It is not until the union finalizes a contract that is approved, by the majority of the members, that we become part of the union.

In regards to voting, what is the difference between Group A and Group B?

• Group A will have two questions to vote for. One question is to whether we want Group B to join Group A and the second question is whether we want to be a part of the union.

• If the majority of Group A votes “yes” for the first question, then all votes from Group A and B will be counted together to decide based on majority rule, the outcome of the question of whether we choose AFT as our representative.

• If the majority of Group A votes “no” on the first question, then the votes from Group B will be counted separately. In this case, each group’s votes will be counted separately and decided based on the majority in each groups. We could have Group A unionized, Group B unionized or both Group A and Group B unionized into separate groups.

With a union, what can we collectively bargain for?

• A union contract only covers 3 main areas to bargain under the law. The 3 areas are Wages, Benefits and Working Conditions.

If as union members we decide to bargain for representation in MV’s Board, smaller class sizes or supplies, is it possible?

Under the law, the union and MV have to bargain in good faith but neither have to agree. If members, with the support of the union, decide to strike to pressure the company (MV) to agree to the request, they can do that but ultimately the company (MV) can still not agree to the request. If there is no agreement, there is another process to follow in which it will decide whether the request falls within the scope of what the union contract covers (Wages, Benefits, Working Conditions) or it gets dismissed.

Do I have to pay union dues? If so, how much?

Yes, there are union dues to pay after a contract has been finalized whether you voted “yes” or “no” everyone pays dues. The AFT has a specific formula in calculating how much the dues are. You should be able to find the formula in the AFT Constitution and Bylaws. If you want to know how much does the AFT collects from all members, you can review their financial report to know more information. Keep in mind that the AFT is also a company and will require payment for a service. Union dues will be taken automatically from the paycheck, just like taxes, even if I refuse to pay.

What happens if there is a strike but I don’t want to participate?

The union can fine you for whichever amount they want. Example, during a strike I decide to work and earn $300 then the fine can be in the amount of $300. I don’t have to pay this fine but then the union can request the company to fire me because I’m not in good standing with them (PLEASE read the AFT Constitution and Bylaws).

We are expanding to a second campus, do new employees get to decide whether they want to join the union?

CORRECTION: The new campus is not included in this vote and will not be included in negotiations. Having been in the DCPS union where all become part of the union I should've clarified this part. Apologies.

Is there a possibility that our salaries or benefits get reduced in a contract?

During collective bargaining, everything (salaries, benefits and working conditions) is put on the table to bargain. You have to remember that MV’s budget depends on enrollment and this amount can not increase just because we want to. If we want higher salaries, the company (MV) can say “sure, but the benefits will change to reduce cost.” If we want higher salaries and more affordable benefits, the company (MV) can say “no, but we can provide more vacation days” or “sure, but vacation days will be reduced.”

MV’s budget is cut into smaller budgets to cover costs throughout the school so increasing the cost of salaries/benefits means reducing the budget amount that Operations or RTI or building maintenance receives for the year. Remember from the budget meeting that PCSB requires the school to keep money set aside for a minimum of 45 days to cover costs or else the school can be brought to the PCSB Board to close for not managing finances accordingly.

Are full time employees bargained differently than part time employees?

Not necessarily but it all depends in give and take during collective bargaining. The contract might better benefit full time employees and keep part time employees with the same salary/benefits or the contract can include great benefits for part time employees by reducing salaries from full time employees.

A Note on Personal Privacy

Privacy Notification - May 7, 2019

The National Labor Relations Board has set Mundo Verde’s election for May 15, 2019. As REQUIRED BY the NLRB and FEDERAL LAW, Mundo Verde is today providing the NLRB and the American Federation of Teachers a list of the following for all teachers and staff who are eligible to vote in the upcoming election:

• Names

• Home addresses

• Available cell phone numbers

• Available personal home phone numbers

• Available personal email addresses

The AFT may use your personal information to:

• Send you things in the mail.

• Try to visit you at home.

• Try to call you at home or on your cell phone.

• Send you text messages or emails.

You have rights, too. You have the right to talk to or not to talk to the AFT.

• You can ask AFT organizers to leave your property or not send you emails or text messages.

• You have the legal right to talk to the AFT, but you also have the right not to do so. You have the right to tell the AFT, “No.”

• You may also contact the National Labor Relations Board to share your concerns at (202) 208-3000.

• You may contact Mundo Verde Human Resources - hr@mundoverdepcs.org if you want to know if you are included in the list of voters.

AFT Election Set for May 15

The National Labor Relations Board has set May 15 as the date for eligible employees to determine if AFT representation is desired for purposes of collective bargaining with Mundo Verde as their employer. A majority of the valid ballots cast will determine the results of the election.

The election will be by SECRET ballot under the supervision of the Regional Director of the National Labor Relations Board (NLRB). A notice of election and the list of eligible employees will be posted later this week

Voters will be allowed to vote without interference, restraint, or coercion.

Vote on Wednesday, May 15th

Mundo Verde wants to ensure you have the information you need to make an informed decision in the upcoming union election. We strongly encourage everyone eligible to vote in the election to do so. This decision is too important to leave in the hands of someone else.

Questions and Answers: Voice and Decision Making

Q. How do teachers and staff currently have a voice at Mundo Verde?

A. At Mundo Verde, teachers and staff have always had direct access to any administrator and a collaborative voice on all issues. We are not a school where the superintendent and administration are far removed from the teacher or school-based staff, we are a school where our leadership lives in our community, walks to school, and where our leaders’ own children are in our classrooms. Mundo Verde currently has an open-door policy.  Time permitting, our leadership staff meet with staff on request. If you have an idea, you can email them directly. Our HR point person is available directly via email and in person. We have structures for teacher and staff voice and we are always looking for ways to improve them. These arrangements could change if AFT represents our teachers and/or staff.

Q. How does autonomy of a charter and Mundo Verde’s current operating structure support our ability to respond to feedback?

A. Mundo Verde’s autonomy helps it act quickly in the best possible way to meet the needs of their students, families and staff. In years past, employees have asked to provide feedback and input or challenges to our structures that resulted in many changes, some instantaneously, other over time. Our collaboration with staff have contributed to improvements and great clarity around:

• Salary structures

• Increased salaries

• Changes to leave policies

• Changes to master schedule and upper house structures

• Use of space

• Parameters for the annual school calendar

Q. How can I learn more about how Mundo Verde includes staff in decisions and responds to feedback?

This document provides an overview of the structures Mundo Verde has in place and decisions that have resulted from staff input.

Mundo Verde as Crew: Staff Engagement, Feedback & Decision Making March 2019 Update