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Trends in Collective Bargaining

School board members and superintendents can watch as a team of Illinois school attorneys discuss trends in compensation, benefits, and working conditions, as well as the impact of COVID-19 on employee relations during this recorded virtual event that took place on January 29, 2022.

IASB Webinars are designed to provide information only and are not a substitute for legal advice from the Board Attorney. Any attorneys in this video discuss issues and general guidance, but do not provide specific legal advice – please seek specific and individual counsel on all matters in your district from local counsel.


Webinar Recordings

Keynote Presentation: Collective Bargaining Trends in Education

It’s not business as usual as we negotiate with our bargaining units. Unions and constituents have increased influence and the future looks as uncertain as ever. Lisa Callaway discusses how to address the many challenges of collective bargaining including mid-term bargaining obligations, virtual negotiations, working conditions and more.

Lisa R. Callaway brings more than thirty years of experience providing employment and labor law counsel to educational employers, other public sector employers and private sector clients. She has negotiated hundreds of collective bargaining agreements and also assists employers in collective bargaining, arbitration, employment discrimination, wage and hour, and general labor and employment law matters. Callaway litigates cases in federal and state courts and before the National Labor Relations Board, the Equal Employment Opportunity Commission, the Illinois Human Rights Commission and the Illinois Public and Educational Labor Relations Boards. She is licensed to practice in Illinois and Colorado. Lisa Callaway is a member of the Illinois Council of School Attorneys and a partner with Engler Callaway Baasten & Sraga, LLC.



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Keynote Presentation: Trends in Employment Law

Is your District prepared for new state and federal school laws effective 2022? Frank Garrett III taks about the new school employment laws soon to go into effect, as well as an update on COVID vaccination and masking requirements for school employees and students.

Frank B. Garrett III represents school districts, colleges, local governmental bodies, and private employers in all aspects of employment law. Garrett counsels employers in matters such as employee claims of unlawful discrimination, wrongful termination, harassment, ADA and FMLA violations, and constitutional rights and process. He is a regular presenter at the state and national level on all aspects of employment related matters. Frank B. Garrett III is a member of the Illinois Council of School Attorneys and a partner with Robbins Schwartz.



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A Failure to Prepare is Preparation to Fail

Before your team steps into the negotiating room, they should be ready to support their own proposals and respond to the anticipated requests from the other side.  Brian R. Bare will address the many options that board members and administrators have in evaluating a current contract, preparing their own proposals, researching contracts and data in comparable districts, setting ground rules, and preparing for hard (but fair) conversations at the bargaining table.

Brian R. Bare concentrates his practice in the representation of school districts and other units of local government, including board governance, business operations, collective bargaining, contract negotiation and review, public bidding, requests for proposals, construction, real estate, personnel and employment issues, and student discipline and special education matters. Bare frequently assists with the administration and negotiation of collective bargaining agreements and the resolution of grievances and unfair labor practice charges. He has been a member of the Education Law Section Council of the Illinois State Bar Association since 2017 and he presently serves as Chair.  In 2020 and 2021, Bare was named a “Leading Lawyer” in Illinois in the areas of School Law; Governmental, Municipal, Lobbying & Administrative Law; Land Use, Zoning & Condemnation Law; and Real Estate Law: Tax. Fewer than 5% of all Illinois lawyers have received the distinction of Leading Lawyer. He is a frequent presenter of programs for the Illinois Council of School Attorneys, the Illinois Association of School Boards, the ISBA, and other organizations. Brian R. Bare is an attorney at Whitt Law, LLC.


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Impact Bargaining and MOUs: Prepare for Changes in a Changing World

Often during the course of a current CBA, new issues arrive [COVID anyone?] requiring alteration or modification of terms and conditions of CBA terms to address terms and conditions of employment. Whether reductions in force, new safety policies, or different duties, these raise CBA negotiation and bargaining issues.

Re-opening the contract is not ideal. So how does a district deal with it? Impact bargaining and Memorandums of Understanding, often required, can be your friend. David Penn will discuss background, implications, and strategies to use to continue to support a trusting and collaborative relationship with your bargaining units.

David G. Penn concentrates his practice in the areas of education, labor and employment law, and related litigation. He is the current chair of the firm’s Education Law group and advises public school districts, community colleges, and higher education clients in all aspects of education law. Penn specializes in collective bargaining and special-education-related issues. He also advises many of the firm's clients regarding employment, labor, and personnel matters. In addition, he represents these clients in various employment-related litigation matters, including discrimination, termination, and collective bargaining matters. Penn is a member of the IASB PRESS Advisory Board and is licensed to practice in Illinois and Missouri. David G. Penn is an attorney with Schmiedeskamp, Robertson, Neu & Mitchell LLP.

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Learning to Exercise and Utilize the Board's Power in Bargaining

Bargaining rules and risks often leave board members feeling like they have no control, no power, and no ability to implement the results they seek during tough negotiations. The reality, however, is that the board holds incredible power in negotiations - if only the members understand how and when to exercise that power. Whether it is an interim bargain on an important issue or a new bargain where the parties cannot meet in person, knowing the rules and boundaries will help yield better results.

Join David Braun as he talks about the importance of timing and practice for efficient and productive negotiations with a focus on being a tough but fair negotiator who is trusted by his or her counterparts.

David J. Braun graduated from the University of Illinois College of Liberal Arts and Sciences, with a degree in Political Science, and obtained his Juris Doctorate from the Southern Illinois University, School of Law. He is a member of the Illinois State Bar Association, American Bar Association, Illinois Council of School Attorneys, and the National School Board Association Council of School Attorneys. He focuses his practice in the area of Illinois schools, universities, and education law. Braun is a member of the adjunct faculty at Illinois State University where he teaches school law, and has also served on the adjunct faculty at Southern Illinois University, Edwardsville. He also served on the Education Law Council of the Illinois State Bar Association from 2008-2011 and was Assistant Editor of the section council's newsletter from 2009-2010. David Braun is an attorney with Miller, Tracy, Braun, Funk & Miller, Ltd.  

This breakout session was not recorded. The PowerPoint is posted here for your review.

Download Slides

It’s not business as usual as we negotiate with our bargaining units. Unions and constituents have increased influence and the future looks as uncertain as ever. Lisa Callaway discusses how to address the many challenges of collective bargaining including mid-term bargaining obligations, virtual negotiations, working conditions and more.

Lisa R. Callaway brings more than thirty years of experience providing employment and labor law counsel to educational employers, other public sector employers and private sector clients. She has negotiated hundreds of collective bargaining agreements and also assists employers in collective bargaining, arbitration, employment discrimination, wage and hour, and general labor and employment law matters. Callaway litigates cases in federal and state courts and before the National Labor Relations Board, the Equal Employment Opportunity Commission, the Illinois Human Rights Commission and the Illinois Public and Educational Labor Relations Boards. She is licensed to practice in Illinois and Colorado. Lisa Callaway is a member of the Illinois Council of School Attorneys and a partner with Engler Callaway Baasten & Sraga, LLC.



Download Slides

 

Is your District prepared for new state and federal school laws effective 2022? Frank Garrett III taks about the new school employment laws soon to go into effect, as well as an update on COVID vaccination and masking requirements for school employees and students.

Frank B. Garrett III represents school districts, colleges, local governmental bodies, and private employers in all aspects of employment law. Garrett counsels employers in matters such as employee claims of unlawful discrimination, wrongful termination, harassment, ADA and FMLA violations, and constitutional rights and process. He is a regular presenter at the state and national level on all aspects of employment related matters. Frank B. Garrett III is a member of the Illinois Council of School Attorneys and a partner with Robbins Schwartz.



Download Slides

Before your team steps into the negotiating room, they should be ready to support their own proposals and respond to the anticipated requests from the other side.  Brian R. Bare will address the many options that board members and administrators have in evaluating a current contract, preparing their own proposals, researching contracts and data in comparable districts, setting ground rules, and preparing for hard (but fair) conversations at the bargaining table.

Brian R. Bare concentrates his practice in the representation of school districts and other units of local government, including board governance, business operations, collective bargaining, contract negotiation and review, public bidding, requests for proposals, construction, real estate, personnel and employment issues, and student discipline and special education matters. Bare frequently assists with the administration and negotiation of collective bargaining agreements and the resolution of grievances and unfair labor practice charges. He has been a member of the Education Law Section Council of the Illinois State Bar Association since 2017 and he presently serves as Chair.  In 2020 and 2021, Bare was named a “Leading Lawyer” in Illinois in the areas of School Law; Governmental, Municipal, Lobbying & Administrative Law; Land Use, Zoning & Condemnation Law; and Real Estate Law: Tax. Fewer than 5% of all Illinois lawyers have received the distinction of Leading Lawyer. He is a frequent presenter of programs for the Illinois Council of School Attorneys, the Illinois Association of School Boards, the ISBA, and other organizations. Brian R. Bare is an attorney at Whitt Law, LLC.


Download Slides

Often during the course of a current CBA, new issues arrive [COVID anyone?] requiring alteration or modification of terms and conditions of CBA terms to address terms and conditions of employment. Whether reductions in force, new safety policies, or different duties, these raise CBA negotiation and bargaining issues.

Re-opening the contract is not ideal. So how does a district deal with it? Impact bargaining and Memorandums of Understanding, often required, can be your friend. David Penn will discuss background, implications, and strategies to use to continue to support a trusting and collaborative relationship with your bargaining units.

David G. Penn concentrates his practice in the areas of education, labor and employment law, and related litigation. He is the current chair of the firm’s Education Law group and advises public school districts, community colleges, and higher education clients in all aspects of education law. Penn specializes in collective bargaining and special-education-related issues. He also advises many of the firm's clients regarding employment, labor, and personnel matters. In addition, he represents these clients in various employment-related litigation matters, including discrimination, termination, and collective bargaining matters. Penn is a member of the IASB PRESS Advisory Board and is licensed to practice in Illinois and Missouri. David G. Penn is an attorney with Schmiedeskamp, Robertson, Neu & Mitchell LLP.

Download Slides

Bargaining rules and risks often leave board members feeling like they have no control, no power, and no ability to implement the results they seek during tough negotiations. The reality, however, is that the board holds incredible power in negotiations - if only the members understand how and when to exercise that power. Whether it is an interim bargain on an important issue or a new bargain where the parties cannot meet in person, knowing the rules and boundaries will help yield better results.

Join David Braun as he talks about the importance of timing and practice for efficient and productive negotiations with a focus on being a tough but fair negotiator who is trusted by his or her counterparts.

David J. Braun graduated from the University of Illinois College of Liberal Arts and Sciences, with a degree in Political Science, and obtained his Juris Doctorate from the Southern Illinois University, School of Law. He is a member of the Illinois State Bar Association, American Bar Association, Illinois Council of School Attorneys, and the National School Board Association Council of School Attorneys. He focuses his practice in the area of Illinois schools, universities, and education law. Braun is a member of the adjunct faculty at Illinois State University where he teaches school law, and has also served on the adjunct faculty at Southern Illinois University, Edwardsville. He also served on the Education Law Council of the Illinois State Bar Association from 2008-2011 and was Assistant Editor of the section council's newsletter from 2009-2010. David Braun is an attorney with Miller, Tracy, Braun, Funk & Miller, Ltd.  

This breakout session was not recorded. The PowerPoint is posted here for your review.

Download Slides