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Teachers4Change intercept internal district e-mail

Posted by Slim on 09-06-2007 at 2:04 PM

Teachers4Change reports:

Last Wednesday Teamsters intercepted this e-mail to all principals in the Clark County School District. This message was sent by none other than Fran Juhasz, CCSD Human Resources. This mistake on their part will spark additional charges against CCSD and Fran Juhasz. This is clearly a scare tactic and will not be tolerated by Teamsters. There is no cease and desist order issued by any organization in Nevada. When C.W. Hoffman, chief counsel for CCSD, found out about this message he immediately responded with a 3 page document outlining what CCSD's position is on organizing activities. This too will be dealt with by Teamster lawyers. Seems the district wants to keep and protect CCEA, who didn't know that. The following is the message that Fran transmitted, at the bottom of the message is a link to Hoffman's response.

It has been reported that Teamsters representatives were handing out organizational/campaigning materials at one of our New Teacher Orientations. It is inappropriate for any labor organization to engage in campaigning activities on District property during District time, the representatives were directed to immediately case and desist. CCEA has since asked for confirmation that the District will prohibit such conduct now and in the future, and that confirmation has been given. Please make sure everyone with supervisory responsibility over personnel and/or District facilities knows that the District cannot and will not allow any labor organization campaigning activities on District property during District time.

CLARK COUNTY SCHOOL DISTRICT

LEGAL OFFICE

INTRA-OFFICE COMMUNICATION

August 30, 2007

To: Executive Cabinet

From: Bill Hoffman

Subject: Collective Bargaining Campaign Activities
__________________________________
I am informed that the incumbent bargaining agent which represents District licensed personnel is being challenged by at least one other bargaining agent to become the recognized bargaining agent. It appears that campaign activities are occurring in some school sites. Please distribute the following memo, which discusses campaign activities, to appropriate administrators:

1. Pursuant to Article 2-1 of the existing collectively bargained agreement (CBA) between the District and the Clark County Education Association, the Association is the exclusive representative of all licensed personnel employed by the District. The District may not condone or approve of practices which would undermine CCEA’s exclusive rights of representation.

2. Article 7 of the CBA grants to the CCEA specific contractual rights regarding the use of School District facilities which are not available to other persons, entities, businesses or non-recognized labor organizations.

The District has the right to restrict the use of its facilities in a manner consistent with the CBA and the District’s Policies and Regulations.

a. School Mailboxes, Interschool Mail Service, and Faculty Bulletin Boards. The Association shall have the use of school mailboxes and the inter-school mail service for the distribution of non-defamatory and non-campaign related material initiated by the Association. The Association shall have the use of faculty bulletin boards for posting of non-defamatory materials and non-campaign related materials.

Copies of all materials shall be given to the building principal. The material will be clearly identified and the

Association accepts the liability for such material.

District teachers shall be permitted use of School District mail services for district-related business, but not for campaign related materials. School facsimile machines and copiers may only be used for district-related business, but not for campaign related materials. School mailboxes, mail services, and faculty bulletin boards may not be used for campaign purposes.

b. InterAct. The Association, the Teachers’ Health Trust, and the CCEA Community Foundation shall have the use of the District’s electronic bulletin board/messaging system through InterAct for posting of non-defamatory and noncampaign related materials. In addition, there shall be a link through InterAct to the Association’s website. This link may not be used for purposes of soliciting membership.

Messages, materials and announcements posted on InterAct must be approved in advance by the Associate Superintendent, Human Resources Division, or her designee. InterAct may not be used for campaign purposes.

c. Facilities. The Association shall be allowed the use of school buildings and premises for association meetings and activities on regular school days as long as arrangements have been made with the principal of the building. Such activities shall not conflict with any regular or special educational activities and shall not involve additional or extra custodial services and/or other unusual expenses to the School District. Use of the buildings on other than school days requires the approval of the Superintendent in addition to the school principal. Any added expense resulting from the Association use shall be paid by the Association. Individual teachers will not be prohibited from the responsible use of the school facilities.

3. Access by non-employee representatives for purposes of campaigning. As a general proposition, the District may refuse to allow non-employee representatives from nonrecognized union organizations to have access to District property, provided there is an adequate opportunity for organizers to contact employees without entering District “Non-working time” means break times and duty-free lunch 1 periods as well as those periods of time before work and after work.

“Non working areas” means areas where employees are not 2 performing duties associated with their employment, for example, the teachers’ lounge and school parking lots.