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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4821
Experience:  Extensive experience representing employees and management
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I a clerical worker in a school district and am a member of

Resolved Question:

I a clerical worker in a school district and am a member of a union. Our union has reached a tentative agreement with the district. The ratification vote is scheduled for 10/3/13. I am not sure if it's relevant, but the "other half" of the unionized workers in the district, the maintenance and operations unit, just overwhelmingly voted down their new contract. At the school board meeting last night, the board moved and passed some type of resolution to "extend" our current contract through November. Are they allowed to do this? Thank you.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me when the new contract is scheduled to go into effect if ratified?

Also, can you tell me when the old contract is due to expire?

Do you know what exactly was passed?
Customer: replied 9 months ago.

The new contract term will be 7/1/2013 through 10/30/2015. The union and the district will present proposals for a successor agreement no later than 10/30/2015. The parties will negotiate article 25 salary in 2014-15 and 2015-16.


The current contract expired 06/2013.


 


Item 15.14 of the agenda summary: Ratification of Local 1 CST (clerical, secretarial, technical) and M&O (maintenance and operations) extend the current contracts through 11/30/13 - although comments made during the meeting made it clear that the extension was only through 11/1/13.


 


 


 

Expert:  Joseph replied 9 months ago.
Thanks for the additional information, Donna.

I will get back to you shortly.
Customer: replied 9 months ago.

Joseph:


I quit for the day at 4 pm pacific (in 15 minutes). Not sure how this works, but I can't keep this site open much longer.

Expert:  Joseph replied 9 months ago.
Hello Donna,

If there is no contract in place, the school district can decide to extend the current collective bargaining agreement until a new one is ratified.

That is within their rights and is legal for them to do, since otherwise there would be no contract or collective bargaining agreement to govern employee and employer relations and things would revert to at-will employment.

If the new contract is ratified before then it will take precedent over the contract that has expired and it would not actually continue until November.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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