Capo Unified Has No Plans to Negotiate with Teachers Until After Election, Board Announces

The Capistrano Unified schools are operating without a teacher’s contract and the next negotiation effort won’t occur until after the Nov. 4, election, the school board announced Wednesday.

At its meeting, CUSD trustees issued a statement saying since trading contract openers in spring, administrators and union reps have only met twice, on June 12 and Aug. 12.

The new fiscal year began July 1.

Two talks scheduled this month were cancelled, according to the statement read by President John Alpay. On Oct. 3, negotiations were called off to get “clarity” about the district’s financial recovery plan. On Oct. 16, the Great California Shakeout stymied plans to meet.

As required by law, the district continues to operate under the terms of last year’s contract until a new one is ratified.

The next talks are scheduled for Nov. 14, and two more sessions are on the calendar for December.

The statement, approved by the trustees 5-2 at Wednesday’s meeting, says its purpose is to “correct some misinformation being circulated.”

While not identifying the misinformation, the minority trustees Ellen Addonizio and Jim Reardon did issue a press release of their own on Oct. 14, criticizing the district for not penning a contract in a timely manner, and suggesting politics are at play.

“We believe the teacher’s union does not want a contract before the school board election on Nov. 4, in order to advance a political agenda,” Addonizio said in the press release. “Instead of negotiating after committing to do so in April, the union has stalled and amassed a political war chest of about $150,000 that is being spent to finance three school board candidates.”

Those candidates are indicated on the Capistrano Unified Education Association as challengers as Gila Jones, Martha McNicholas and current Trustee Lynn Hatton.

Patch tried to reach various administrators at CUSD for comment to no avail.

Other South Orange County districts in Patch’s coverage area all had contracts in place with their teachers for the current academic year.

Here’s the statement read Wednesday in full:

Recently, individuals within our community have made statements regarding negotiations between the Capistrano Unified School District (the district) and the Capistrano Unified Education Association (CUEA). While the Board of Trustees recognizes and respects individuals exercising their rights protected by the First Amendment to the United States Constitution, the purpose of this statement is to provide factual information about the status of these negotiations and to correct some misinformation being circulated. On behalf of the Board of Trustees, district management team and CUEA, I state the following facts:

1. The previous collective bargaining agreement between the District and CUEA expired on June 30, 2014. As a matter of law, the terms of the expired contract must be generally maintained until (a) a new agreement is reached through bargaining, or (b) the impasse process is completed. Therefore, the District and CUEA will continue to negotiate in good faith towards a successor agreement.

2. The District and CUEA teams have both “sunshined” initial proposals at Board meetings in accordance with Government Code section 3547.

3. The District’s proposals to CUEA were adopted by the Board at its meeting on March 26, 2014.

4. CUEA’s initial proposals to the District were presented to the Board during the meeting on April 23, 2014.

5. The District and CUEA bargaining teams have met for purposes of negotiation on June 12, 2014 and August 12, 2014.

6. The District and CUEA postponed negotiations on certain dates as follows:

a. October 3, 2014 given the need for clarity regarding priorities and recomrnendations regarding the District’s Recovery Plan, and

b. October 16, 2014 given the previously scheduled events relating to the Great California Shakeout

7. Additional full-day negotiation sessions are on calendar for:

a. Friday, November 14

b. Tuesday, December 2

c. Thursday, December 18

8. The District is mindful of its obligation to address negotiable issues with employee groups. The district’s Recovery Plan, and the priorities and recommendations set forth in that Plan, will be part of important dialogue with CUEA.

9. The district and CUEA remain committed to working collaboratively on behalf of all students served in the district.

PHOTO Patch file photo credit: Penny Arévalo

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