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Labor and negotiations
This section offers a vast array of education-related information and tools including background and analysis articles, handouts and sample documents, guidelines, checklists, toolkits and more.
Labor Relations Services
We offer a variety of services to assist districts and colleges with improving relationships with employees.
School Personnel Online Tools
The biggest gold mine of current, comprehensive, searchable human resource data on Oregon school labor contracts.
Salary and Benefits Analyzer
Five easy steps to generate comparative salary and benefit information for Oregon school district and ESD licensed or classified staff.
Labor and negotiations topics
Ask HR
HR staff answers your most frequently asked questions about human resources, labor relations and employment relations.
Bargaining resources
Whether your district faces a single issue communications need or wants to develop processes to achieve better relationships.
Contract Language
Our staff analyzes labor contracts and employee and union proposals. We clarify mandatory and permissive subjects of bargaining and identify language that limits management flexibility or impedes student achievement.
Employee Discipline
OSBA specialists can represent you before the Employee Relations Board and in unfair-labor-practice disputes. We will represent you during employee grievance arbitration and assist you with non-renewal of probationary contracts, dismissal of probationary and contract teachers, and other state-agency proceedings.
Compensation
Our surveys show how your salaries and benefits rank among Oregon schools. SPOT (School Personnel Online Tools subscription service) instantly gives you comparative salary and benefit data including SABA (Salary and Benefit Analyzer), Negotiator's Notebook, a contract language index and more.
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Affordable Care Act information center
Information about the Affordable Care Act also known as Obama Care or Healthcare Reform
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Affordable Care Act Toolkit
Downloadable spreadsheets to help you calculate large employer status, estimate potential penalties and track hourly employees according to the Patient Protection and Affordable Care Act (PPACA).
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Ask HR
HR staff answers your most frequently asked questions about human resources, labor relations and employment relations.
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Average teacher salary
A three-year comparison of the ODE average teacher salary.
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Average teacher salary maps
Downloadable maps of average teacher salaries.
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Avoid insurance problems early with joint committees
The usual strategy of “negotiated tradeoffs” isn’t the best way to plan health care benefits these days, especially when everyone should agree to share the burden of rising costs.
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Budget survival toolkit
A compilation of resources to help you manage budget reductions and layoffs.
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Calendar and workdays
A three-year comparison of calendar and workdays.
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California certificated staff performance incentive
An explanation of the California Certificated Staff Performance Incentive Act.
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Can closed-session bargaining work for you?
Oregon statute requires collective bargaining negotiations to take place in open session unless the parties mutually agree to bargain in closed executive session.
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Collective bargaining video series
Information, guidelines and answers to frequently asked questions about the role of board members during the collective bargaining process.
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Coming to grips with less for everyone
As fiscal reality worsens with each economic forecast, boards and unions face the challenge of “living within our means.”
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Consider needs when preparing for negotiations
Well-prepared school boards don’t head into collective-bargaining negotiations without first reviewing their educational programs and considering trends affecting their district. By taking the time to consider specific educational programming issues before beginning negotiations, you can build critical flexibility into your contracts. Don’t get caught between “a rock and a hard place.”
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Consumer price index
Portland and U.S. CPI averages since 1979.
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Contract language review - the complaint procedure
Complaint-procedure language is often neglected in public education collective bargaining. Too often, board members and school administrators don’t realize they’ve paid it too little attention until it is too late.
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Criminal Background Checks
Links to information about criminal background checks.
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Do unions help or hurt student achievement?
A slideshow presentation from an NAEN workshop on the effects of unions on student achievement.
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Due process vs just cause
Due Process vs Just Cause Comparison
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Early retirement program resources
Links to information about early retirement programs
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Early retirement programs major reason for increased costs
Secretary of State report concludes that early retirement programs are one of the major reasons behind school district cost increases.
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Establishing the district bargaining team
Collective bargaining has a profound impact on education programs provided through school districts, ESDs and community colleges.
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Exploring the benefits of regional negotiation forums
A new trend may be on the horizon for Oregon school boards. Districts in two regions - Southern Oregon and East Multnomah County - have recently improved their bargaining advantage by participating in regional negotiation forums.
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FAQ - SB 1532 - Minimum Wage Law
FAQs for minimum wage law
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FAQ - SB 454 Paid Sick Time Law
FAQs for statewide mandatory paid sick leave law.
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Federal military leave guidelines
Military Leave Guidelines
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Frequently asked questions about labor negotiations
Frequently Asked Questions About Labor Negotiations
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Glossary of collective bargaining terms
Definitions of collective bargaining terminology provided as a resource guide.
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Ground rules - A contract waiting to happen
Negotiation ground rules are not usually recommended or necessary during traditional bargaining. State law describes the three required ground rules in any negotiations process: meet at reasonable times, meet at reasonable places and confer in good faith.
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Increases to base salary
A three-year comparison of the increases to the BA Step 0 Salary.
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Insurance contributions - teachers
A three-year comparison of insurance contributions for teachers.
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Insurance strategies - when more is better
What do striking grocery workers, the longest school district strike in Washington state history, Chicago teachers taking a strike vote and an eagerly awaited report from Portland Public Schools all have in common? The rising cost of health insurance.
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Interim executive search assistance
OSBA is available to assist boards in finding an interim executive who can serve until the board can conduct a full search.
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Just cause resources
Links to information about just cause contract language.
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Labor negotiations frequently asked questions
Answers to the most frequently asked questions about bargaining.
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Layoff and recall basics
Teacher and administrator layoff procedures are addressed in ORS 342.934 and in collective bargaining agreements.
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Layoff matrix
Downloadable Excel file to assist administrators in making merit and competence determinations when conducting layoffs with licensed staff and administrators.
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Licensed/faculty and classified staff insurance cap methods
Chart showing types of insurance cap methods used in 2007-2008.
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Motivating teachers to improve instruction
In the last two decades of education reform, teachers have been viewed as central to both the problems of education and their solutions. Education researchers and school leaders have faced the challenge of motivating teachers to high levels of performance.
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Oregon educators exploring new ways of teacher pay
Representatives from nearly 40 districts of all sizes and education stakeholders - including a group from OSBA - attended Chalkboard Project's Info Day August 4 in Eugene to take a fresh look at teacher pay and evaluation.
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Oregon enacts law restricting employer access to employees' social media accounts
Oregon enacts law restricting employer access to employees’ social media accounts, such as Facebook or Twitter, of their job applicants and employees. The new law, an amendement to ORS 659A, designates such a request as an unlawful employment practice.
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Oregon performance pay plans
An increasing number of Oregon school districts are adopting performance-pay options in their collective bargaining agreements.
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Oregon school districts and ESDs with licensed insurance caps
Chart showing districts and ESDs with licensed insurance caps since 1998-99.
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OSBA annual survey of teacher salaries and benefits
A downloadable publication containing a comparison of teacher salaries and benefits for the current year.
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Performance pay primer
Teacher Performance Pay, as part of a total compensation program, is a concept that bears further examination.
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Performance pay primer - design and implementation
According to Alan Odden (University of Wisconsin, CPRE), experience with implementing performance pay systems yields a number of recommendations for those considering this challenge:
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Performance pay primer - employee compensation programs
There are some very good reasons for developing an effective compensation program.
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Performance pay primer - teacher merit pay
The mid-1970s to the mid-1980s was the merit pay decade. It was during these years that a variety of plans developed in school districts across the nation.
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Performance pay primer - teacher motivation
In a February 2000 policy brief, the Consortium for Policy Research and Education (CPRE) examined the motivational effects of School Based Performance Awards (SBPA) on teachers and principals in three sites across the country; the Charlotte-Mecklenburg School District in North Carolina, the Kentucky Accountability Program, and the Maryland School Performance Program. According to this study, school-based performance awards are a popular accountability strategy intended to align individual- or school-level monetary incentives with the school’s ability to meet student achievement standards.
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Performance pay primer - teacher salary schedules
Since the 1920’s, the single salary schedule format has been used to pay all teachers the same in terms of educational attainment and experience in every grade, subject, and school. Most districts increase pay for experience (i.e., seniority) more than they do for education.
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Performance pay resources
Links to information about performance pay.
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Prepare for bargaining
Items to consider as you begin the bargaining process.
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Preparing for layoff and recall
Understanding the layoff and recall process.
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Recruitment and retention resources
Resources regarding recruitment and retention of employees.
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Reductions in force - the Board's role
An overview of the role of the board and the appropriate process and procedures that are followed by the district administrator for reductions in force.
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Salary costing can help you see the whole picture
“Show me the money,” the saying from the movie “Jerry Maguire,” could be a workers’ chant during collective bargaining. Unions want boards to pay higher wages and all insurance costs, which can detour the collective bargaining process from clarity into confusion.
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Salary schedule descriptions
A three-year comparison of salary schedules.
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Sample contracts
Sample contracts for you to download and modify as needed.
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Sample funding clause
Sample funding clause allowing a re-negotiation of parts of a labor agreement.
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Sample layoff and recall letters
To assist districts if they need to conduct layoffs, we have developed these sample letters notifying staff of a layoff and their recall rights. The sample letters are for licensed teaching staff; classified staff, and administrators.
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Sample performance pay plan
Sample performance pay plan
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SB 454 Sick Time District Sample Letter
Oregon signed into law SB 454 in June, 2015, making Oregon the fourth state to enact a statewide mandatory paid sick leave law.
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Shortening the school year
As Oregon's economic woes deepen and financial uncertainty grows, some districts are considering early closure or a shortened school year for 2008-09 or beyond. There are several issues districts should consider before deciding to shorten the school year.
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Should you hire a professional negotiator?
Insight and advice about hiring professional negotiators.
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Staying safe resources
Get ready, respond & recover: links to valuable information on school safety.
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Study concludes that contract rules have unintended consequences
A study by The New Teacher Project, “Unintended Consequences: The Case for Reforming the Staffing Rules in Urban Teachers Union Contracts,” analyzed labor contract rules that affected procedures for newly hired teachers, voluntary transfers, and “excessed teachers” (those whose positions were eliminated for a variety of reasons). It identified four ways that labor contract rules undermine effective staffing in urban schools
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Subcontracting
With costs going up and revenue going down, it’s essential to look for the most cost effective way of providing services. Subcontracting is one way to cut costs while maintaining current services.
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Substitute teacher pay
Table listing Oregon's substitute teacher pay since 2000-01.
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Superintendent performance incentive programs
Performance incentive programs and performance pay programs are not the same.
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Surviving tough times presentation
Link to OSBA's presentation on surviving tough times.
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Terms of collective bargaining agreements
A three-year comparison of the length of teacher contracts.
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The killer bees of bargaining
We’ve compiled the following "Killer Bees of Bargaining" to help you focus your resources where it counts at the bargaining table - on higher student achievement.
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Tips for avoiding employment claims
A list of hiring do's and dont's to help you avoid employment claims.
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Tips on creating labor-management committees
Helpful information on creating labor-management insurance committees.
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U.S. teacher evaluations fail to measure teacher effectiveness
A summary of a the Widget Effect report from The New Teacher Project which faults the education system for failing to use meaningful measures of teacher effectiveness in student achievement decisions.
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Unemployment insurance costs
Questions and answers about unemployment insurance costs
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Veterans Preference - Incorporating into Your Hiring Preference
Everything you need to ensure that your hiring process complies with current veterans preference statutes.
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Vital connection - connecting student achievement and collective bargaining
As school districts throughout the U.S. focus on student achievement, the spotlight turns to how we compensate and evaluate teachers.
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Warning signs of early closure: A caution about eliminating days
School districts should consider several issues before making the decision to offer a shortened school year either this year or next.
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We are filling a vacant board position. One of the applicants is related to a current board member. Can the current board member participate in the interviews, discussion and vote?
Question from Ask OSBA
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What's on the table? Are higher salaries really the answer?
An analysis of what motivates teachers when employees are in short supply.
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When to start bargaining - A legal and strategic perspective
The Legal, Labor & Employment Services staff at OSBA answers questions about timing the start of the bargaining process
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Where it counts - your position at the bargaining table
Boards have a huge responsibility to be effective, informed advocates at the bargaining table during Oregon’s budget shortfall, since 83 percent of a district budget is usually spent on labor contracts.
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Who pays the PERS
A three-year comparison of who pays the PERS for teachers