San Rafael teachers, district take contract standoff to next level

A contract dispute between San Rafael City Schools and the elementary teachers union is moving to a state-assisted fact-finding process following the failure of mediated talks.

At the same time, the San Rafael Teachers Association and the district disagree on whether a new contract offer proposed by the district last week — just after more than 20 hours of mediation ended — was appropriate.

Molly O’Donoghue, the union vice president, said the district’s latest offer was “illegal, improper and in bad faith” because of its timing.

“It was put forth during the impasse process, between mediation and fact finding,” she said.

She declined to comment on the details of the district’s proposal.

“We’re maintaining confidentiality,” she said.

Jim Hogeboom, the superintendent of the district, said its latest offer was a 13% pay increase over two years — 10% for the current school year and 3% in 2023-24. That was up from the previous district proposal for a 4.7% increase in the current school year, retroactive to July 1.

The union has sought a 14% pay hike in the current year, retroactive to July 1.

Hogeboom said the district’s legal counsel has told staff there was no problem with putting forth a new proposal once mediation had closed.

“After the last mediation session on Feb. 28, the district communicated a new written offer to SRTA,” Hogeboom said in an email to district parents on March 7.

“The district has offered to meet with SRTA to bargain over the district’s new proposal,” Hogeboom said. “To date, SRTA has not agreed to meet with the district regarding this new proposal.”

To pay for its offer, Hogeboom said, the district is making what he said was “unprecedented use” of state supplemental and concentration grants. The grants are supposed to be earmarked for increasing and improving services for disadvantaged students — such as English language learners, low-income students or foster youths — and have never before been touched to increase teacher salaries, Hogeboom said.

“The board is willing to do something it has never done and use these funds for salary increases to remain competitive with other districts with our compensation,” Hogeboom said in his email to parents. “But, we also need to ensure we are using the funds to increase or improve services to the students for whom they were intended.”

In order to use some of the district’s approximately $10.7 million in such grants for salary increases, its new offer includes a plan to add a seventh period at Davidson Middle School. The seventh period would offer extra elective and enrichment opportunities for disadvantaged students and thus meet the grant requirements, Hogeboom said.

About $1.2 million of the grant money would be used to hire seven teachers to accommodate the extra elective classes at Davidson starting in the 2024-25 school year, Hogeboom said. Teachers already on staff would not be required to cover the new elective classes, he said.

Instead of the current schedule of teaching five of six periods, with the sixth period as a preparation period, the existing teachers would teach five of seven periods, with two preparation periods, Hogeboom said.

“We believe the benefits to both students and staff of a seven-period schedule would justify the use of supplemental and concentration funds for salary in exchange for SRTA’s agreement to this schedule change,” he said.

O’Donoghue said the union believes that no proposals should be entertained while the two sides are still at impasse.

“Since being released to fact finding, it is the union’s position that the district has engaged in an illegal, unfair labor practice,” O’Donoghue said.

She said the state mediator certified the two sides to a fact-finding panel on March 1.

“In fact-finding, SRTA and SRCS will present our best arguments about financial and other factors that impact bargaining to a three-person panel,” she said.

“Both the union and the employer pick a panel member, and PERB assigns a neutral member,” she said, referring to the California Public Employees Relations Board.

“Based on the presentation of facts, the neutral member will issue a nonbinding report,” she said. “Either side can agree or disagree with the report.”

The fact-finding panel is expected to meet within 10 days of the appointment of its members.

“Within 30 days, the neutral panel member issues a report and a recommended settlement,” she said. The district must make the report public within 10 days after it is issued, she added.

Hogeboom said the district is prepared to go to fact finding.

“We understand the negative impact on the entire San Rafael community of protracted and strained labor relations,” he said in his email to parents. “We are striving in good faith to come to an agreement that is beneficial to all.”

The district’s elementary school division serves students at seven elementary schools, one K-8 school and Davidson Middle School.