TALB Update: Friday, May 6, 2022 – Tentative Agreement FAQ Answers

TALB Update: Friday, May 6, 2022 – Tentative Agreement FAQ Answers

TALB Update: Friday, May 6, 2022

Friday, May 6, 2022

Tentative Agreement – Additional FAQ’s

What is ADA?
ADA refers to Average Daily Attendance. Schools are funded based on attendance, students showing up, butts in seats. The District receives funding based on this attendance = ADA. Snapshots of ADA are reported to the state throughout the school year. Then the state distributes funding to the district based on the Average Daily Attendance. Pre-pandemic LUBSD was around 97% ADA, now, for a variety of reasons, we are experiencing less than 90% attendance. In simple terms, we are not getting the full funding of a COLA – Cost Of Living Adjustment, more like 90% of it. Bargaining the wages and benefits for our members is a challenge because most districts treat the art of budgeting as though it were a science, it is not. Districts typically present budget data as objective criteria, which in turn creates two distinct challenges. First, Districts have virtually no control over the revenue side of the budget but must live within whatever means provided by local, state and federal agencies. Second, budgeting, by necessity, involves conjecture. There is no way to predict revenue, accurately, two to three years out. A major portion of the revenue the state receives is based on progressive taxation. The rich, as they should, pay higher rates of tax on income and on capital gains. If the stock market is doing well, the coffers of the state will do well. Given the volatility of the markets, the war in Europe, costs of fuel and accelerating declining enrollment, it is anyone’s guess what revenue will “consistently” look like. The Association can and should agree we have a common interest with the district regarding finance and our joint fiduciary responsibility. 

What are a district’s “reserves”?
State law requires districts to keep a certain percent of money in a savings, dedicated for economic uncertainty. A District this size is required to have at least 2% of their budget saved. Bare in mind, 2% would not cover one payroll period for the District. Over the years the reserves have increased due to several factors. First, the hope that lessons learned, history will not repeat itself. The District was not prepared for the financial crash of 2008. There was not a sufficient reserve/savings to weather the “Great Recession”. Such hubris, we did not even have a seniority list and had to create one from scratch. The District will never be able to save enough money to avoid a layoff if we face a radical cut in school funding, but it can mitigate the number of layoffs by having sufficient reserves/savings. Last year, the state gave economic incentives for school districts to reopen for in-person instruction in spring. These incentives were delivered as “one time” money. There were infusions of “one-time” money from the state and federal government with the expectation that schools would remain open for in-person instruction 2021-22 and programs would be established to mitigate “unfinished learning”. The lion’s share of school funding comes from the state. The state budget runs from July 1 through June 30. The revenue and the budget that we are now living with was made back in June of 2021, long before the pressure of inflation started heating up. The amount of new money the District could receive for 2021-22 was a little more than 5% for COLA (Cost of Living Adjustment). Bare in mind COLA does not represent the true cost of all consumables, nor does it accurately reflect inflation. If the students do not report to class, the District does not receive the revenue. The rationale for the current “on-schedule” settlement was based on revenue the District received – (COLA X ADA). Yes, we are keenly aware that a 4.5% ongoing salary increase does not cover the costs of inflation. Last year’s state budget did not anticipate these inflationary pressures, we are bargaining with the revenue that was promised to schools for the fiscal year 2021-22 and receiving about 90%. Reserves are “one time” money. Some of the reserve is “restricted” – it can only be spent on specific programs (hiring certificated and classified personnel, tutoring, infrastructure, etc.). Some of the reserve is earmarked to settle negotiations with other employee groups – CSEA has not had a salary settlement since 2018-19. Some of the reserve is “unrestricted” – it can be used for compensation, which typically comes in “one time” off schedule payments, hence the 2.5% off schedule. Similar to moving a portion of your savings to your discretionary spending account. The key to understanding “one time” money is that it is “one time”. Our brothers and sisters in CSEA tried to make the argument during “mediation” and “fact finding” that reserves could be used for ongoing expenses, like an on schedule raise. CSEA had proposed a 7% ongoing raise for 2019-20 based on the District’s reserves. The “fact finder” did not agree and CSEA ended up settling on the exact same raises we negotiated for 2019-20. (Link for CSEA Fact Finding Report)

Will the state address inflation in the upcoming state budget effective July 1, 2022?
State legislators are currently developing a budget. Governor Newsom will discuss a May revise – a projection of state revenues and proposed spending by mid May. Proposals in the Department of Education are being debated right now to offset inflation and provide more funds for schools, 2022-23, that ideally addresses inflation. In early June, the bargaining process will begin again for compensation and contract language for the 2022-23 school year. The current tentative compensation package is for the year we’ve practically finished, 2021-22.

Why does the district want full day Transitional Kindergarten and Kindergarten? 
LBUSD has been interested in full day TK and full day K for a long time. There have been numerous pilot programs; extended day, full day, modified day, etc. The vast majority of surrounding school districts have full day TK & K, to the extent we are losing enrollment to other school districts. In negotiations we had lengthy conversations about these programs to the degree there are two different MOU’s to provide support for the implementation of these programs. This will be a dramatic shift. A revision of Kindergarten from what has historically been the “Long Beach Way”. If you are experiencing anxiety and have concerns, you may want to consider discussing the matter with your site administrator and propose a change of grade level assignment for 2022-23. In theory, Kindergarten will look different in 2023-24 after the Transitional Kindergarten students have had a full year of full day instruction. If you are interested in being on the committee that will work to address problems as they arise for 2022-23, please email Dr. Christine Kelly, TALB President at ckelly@talb.org Everyone wants full day TK & K to be a success, the District wants direct feedback during its maiden voyage. In addition, the District continues to explore the feasibility of opportunities to support this transition; adjusting schedules for the first few weeks to allow for assessments, augmenting staff support – given personnel availability, release time to visit full day classrooms, forums to discuss classroom management and effective use of new classroom furniture. 

How does the Tentative Agreement process work?
When the Bargaining Team feels it has reached the best possible agreement, the tentative agreement is sent to the Executive Board for approval for a general membership vote. It has been a long time since we’ve reached an agreement so late in the year. In order to get members remunerated as quickly as possible, there are compressed timelines. After every tentative agreement is reached and the Executive Board approves the TA, we hold a General Membership meeting before the voting begins. Before the pandemic, we would meet annually at Longfellow E.S. to discuss and answer questions the general membership may have about any of the agreements. If the tentative agreement passes by a majority vote (more than half), the Board of Education can approve the agreement on May 18 and the process for getting paid the 4.5% retroactive to July 1, 2021 can begin. 

WHO IS ON THE TALB BARGAINING TEAM?
Bargaining Chair: Corrin Hickey – Lakewood H.S., Bargaining Members: Julie McCall – Nelson M.S., John Kane – Jordan H.S., Gerry Morrison – McBride HS, Maritza Summers – Mann E.S., Kevin Quinn – Edison E.S., John Solomon – MacArthur E.S., Sybil Baldwin – CDC, Maria Garcia – Head Start & Chris Callopy – TALB Staff
 
WHAT WILL HAPPEN IF THE TALB MEMBERSHIP REJECTS THE TENTATIVE AGREEMENT?
The terms of the Tentative Agreement won’t take effect and we will return to the bargaining table and continue negotiations. The potential prospect of going through mediation and fact finding would further delay compensation until the fall or later. 
 
SHOULD I VOTE IN FAVOR OF THE TENTATIVE AGREEMENT?
Each TALB member must make their own assessment on how to vote, but we strongly encourage every member to vote. The Bargaining Team recommends a YES vote on the agreement. The TALB Executive Board recommends a YES vote on the agreement.

Click on the following links for full details:

  1. Co-Collaborative Teaching MOU
  2. Transitional Kindergarten MOU
  3. Kindergarten MOU
  4. CDC | HS – Compensation & Contract Language
  5. K-12 Compensation & Contract Language

Calendar for Ratification
 
General Membership Meetings to discuss the Tentative Agreement – Question & Answer with your bargaining team and TALB leadership at:
Longfellow E.S. on May 10, 2022 from 4:30 p.m. to 5:30 p.m.
Longfellow E.S. 3800 Olive Ave, Long Beach 90807 – Auditorium

Voting on the Tentative Agreement Begins Wednesday May 11 through Friday May 13 @ 4:30 p.m. (Electronic Voting through Simply Voting) Voting results will be posted in the electronic newsletter on Friday, May 13

Do we have your personal e-mail? This is where your ballot to vote will be sent.
CDC – Head Start members will vote for changes in their contract.
K-12 members will vote for changes in their contract.
 
Next Steps –

  1. Tentative Agreement General Membership Meeting Q & A – Tuesday, May 10 from 4:30-5:30 (CONFIRMED @ Longfellow E.S. Auditorium)
  2. Membership Vote – Wednesday, May 11 – Friday, May 13 @ 4:30 p.m.
  3. Voting results will be released with the E-Update on Friday, May 13 (evening)

RSVP with Veronica Castillo vcastillo@talb.org for our
Member Appreciation Day


RSVP with Veronica Castillo vcastillo@talb.org for our
Member Appreciation Day


 


Retirement Workshop – In-Person @ TALB – May 26   4:30 to 6:30PM

May 26, 2022 from 4:30-6:30 p.m. TALB will be hosting a retirement seminar. This in-person workshop is limited to 60 members. Please RSVP with Veronica Castillo at vcastillo@talb.org

Can’t make the seminar?
There are many things to consider when retiring. Your first step is CalSTRS. Go to calstrs.com and create an account. The website has different tools to give a ball park estimate on your pension benefits. For more accurate data you need to make a “one on one” with a CalSTRS counselor.

Individual Benefits Planning Session

Explore your CalSTRS benefits and services with the help of a CalSTRS benefits specialist in a confidential, one-on-one setting.

  • Your personalized CalSTRS benefit estimates.
  • Beneficiary options and how to leave a lifetime benefit to your loved ones.
  • How to purchase service credit and what happens to your unused sick leave.
  • Concurrent retirement—retiring from more than one California public retirement system.
  • Considerations pertaining to health benefits, Medicare and Social Security.

For available session dates and times, simply call 800-228-5453 and select option 3.

When should I let the District know I’m going to retire?
Ideally, as soon as possible. We know that making the decision to retire can be hard and very personal. Some folks want to retire and go quietly in the night, with little or no fanfare. Others want to shout their retirement from their rooftops and dance! You can submit your retirement paperwork electronically to the District and not have it be publicly disclosed until after school is out for the summer. This helps the District plan for your replacement, but more importantly, it may help one of your colleagues avoid the unnecessary anxiety and stress of potentially being displaced/transferred from your school site. 


Zoom | Virtual Site Visits
  • A Virtual Site Visit invitation will be sent to individual members. Check your personal email for Zoom invitations.
  • Muir K-8 Virtual Site Visit 5/11 | 4:00-5:00 p.m.
  • Counselors Forum 5/12 | 4:00-5:00 p.m.
  • Membership Appreciation Day 5/13 3:00-6:00 p.m.

Beer Club
Friday, June 3 @ 4:00 p.m.
O’Connor’s Pub
4130 Paramount Blvd., Lakewood 90712
RSVP with John Solomon at jsolomon@talb.org


Next BOE Meeting is Wednesday, May 4.  School board meetings are typically livestreamed on the LBUSD YouTube Channel.

2022 Upcoming Scheduled Meetings:

  • May 18
  • June 1
  • June 22

LBUSD Board & Exec Staff Contact Info


Update your Beneficiaries
The cycle of life. Every year we have a few members pass. Your TALB/CTA/NEA membership provides a survivor’s benefit up to $6,000.00. Sadly, every now and again, we have a member pass who did not update their beneficiaries. We can only issue the benefit to the individual(s) listed on your survivor’s benefit form. Life comes at you fast. Relationships change. If you have any questions about your survivor’s benefit please call the office at 562-426-6433.


CTA Conferences & Grants
For full details and to apply for a grant, go to www.CTA.org/grants.


 


TALB Bargaining Update: Tuesday, May 3, 2022 – Tentative Agreement Details

TALB Bargaining Update: Tuesday, May 3, 2022 – Tentative Agreement Details

TALB Update: Tuesday, May 3, 2022

City of Long Beach COVID-19 data. Click Here
California COVID-19 data. Click Here
National COVID-19 data. Click Here

Tuesday – May 03, 2022
Good Morning. The TALB Executive Board approved the Tentative Agreement (TA) last night. Click on the following links for full details:

  1. Co-Collaborative Teaching MOU
  2. Transitional Kindergarten MOU
  3. Kindergarten MOU
  4. CDC | HS – Compensation & Contract Language
  5. K-12 Compensation & Contract Language
Next Steps
  • General Membership Meeting Tuesday, May 10 from 4:30-5:30 @ Longfellow E.S. Auditorium 
  • Membership Vote – Wednesday, May 11 – Friday, May 13 @ 4:30 p.m.
  • Voting results will be released with the E-Update on Friday, May 13 (updated).

 


Retirement Workshop – In-Person @ TALB – May 26   4:30 to 6:30PM

May 26, 2022 from 4:30-6:30 p.m. TALB will be hosting a retirement seminar. This in-person workshop is limited to 60 members. Please RSVP with Veronica Castillo at vcastillo@talb.org

Can’t make the seminar?
There are many things to consider when retiring. Your first step is CalSTRS. Go to calstrs.com and create an account. The website has different tools to give a ball park estimate on your pension benefits. For more accurate data you need to make a “one on one” with a CalSTRS counselor.

Individual Benefits Planning Session

Explore your CalSTRS benefits and services with the help of a CalSTRS benefits specialist in a confidential, one-on-one setting.

  • Your personalized CalSTRS benefit estimates.
  • Beneficiary options and how to leave a lifetime benefit to your loved ones.
  • How to purchase service credit and what happens to your unused sick leave.
  • Concurrent retirement—retiring from more than one California public retirement system.
  • Considerations pertaining to health benefits, Medicare and Social Security.

For available session dates and times, simply call 800-228-5453 and select option 3.

When should I let the District know I’m going to retire?
Ideally, as soon as possible. We know that making the decision to retire can be hard and very personal. Some folks want to retire and go quietly in the night, with little or no fanfare. Others want to shout their retirement from their rooftops and dance! You can submit your retirement paperwork electronically to the District and not have it be publicly disclosed until after school is out for the summer. This helps the District plan for your replacement, but more importantly, it may help one of your colleagues avoid the unnecessary anxiety and stress of potentially being displaced/transferred from your school site. 


Zoom | Virtual Site Visits
  • A Virtual Site Visit invitation will be sent to individual members. Check your personal email for Zoom invitations.
  • Stephen M.S. Virtual Site Visit 5/2 | 4:00-5:00 p.m.
  • Lindbergh M.S. Virtual Site Visit 5/3 | 4:00-5:00 p.m.
  • Lafayette E.S. Virtual Site Visit 5/4 | 4:00-5:00 p.m.
  • Birney E.S. Virtual Site Visit 5/5 | 4:00-5:00 p.m.
  • Psychologists Forum 5/5 | 6:00-7:00 p.m.

Beer Club
Friday, May 27 @ 4:00 p.m.
Syncopated Brewing
3671 Industry Ave unit C1, Lakewood, CA 90712
RSVP with John Solomon at jsolomon@talb.org


Next BOE Meeting is Wednesday, May 4.  School board meetings are typically livestreamed on the LBUSD YouTube Channel.

2022 Upcoming Scheduled Meetings:

  • May 4
  • May 18
  • June 1
  • June 22

LBUSD Board & Exec Staff Contact Info


Membership Appreciation – Tacos with TALB – May 13  3:00-6:00pm


Tacos with TALB!
Thank you teachers, counselors, speech pathologists, librarians, nurses and psychologists! You make LBUSD work! Come join us for a fun afternoon of tacos, beverages and ice cream provided free by our wonderful sponsors. On Friday, May 13 from 3:00 p.m. – 6:00 p.m. PLEASE RSVP with Veronica Castillo vcastillo@talb.org TALB is located on 4362 Atlantic Ave. 90807.

Update your Beneficiaries
The cycle of life. Every year we have a few members pass. Your TALB/CTA/NEA membership provides a survivor’s benefit up to $6,000.00. Sadly, every now and again, we have a member pass who did not update their beneficiaries. We can only issue the benefit to the individual(s) listed on your survivor’s benefit form. Life comes at you fast. Relationships change. If you have any questions about your survivor’s benefit please call the office at 562-426-6433.


CTA Conferences & Grants
For full details and to apply for a grant, go to www.CTA.org/grants.


 


Connect With EASE: Employee Assistance Service for Education

EASE Can Help During Difficult Times

Let’s face it, this is a time unlike any other that most of us have faced.  If you are struggling with family troubles, emotional distress, job stress, anxiety, drug/alcohol use, grief, loss, life transition issues and more reach out to EASE.

Professional counselors are ready to help at no cost to you.  Call the EASE Hotline 24/7 for assistance at 800-882-1341

All TALB members are eligible to reach out to EASE for free confidential professional help for district employees and family members.

EASE-Y ANSWERS
GET SUPPORT FOR DIFFICULT TIMES
A little known benefit we have as educational employees in Los Angeles County is the Employee Assistance Service for Education program. EASE is a leading regional service that provides district staff and their families with the opportunity to assess and resolve their difficulties with the assistance of a professional counselor through an assessment and brief counseling service. EASE offers high quality, confidential assistance in:

  • Personal and family problems
  • Job-related issues
  • Stress
  • Substance abuse
  • Grief, loss and traumatic incidents
  • Worksite and phone consultations
All calls and consultations with EASE are confidential and will not be reported to the district, your school, or the Association. There is no reason to suffer in silence. If you feel you need assistance, please take advantage of this very important benefit by calling (800) 882-1341. A confidential counselor will be available to take your call.  More information is available on-line at https://www.lacoe.edu/Home/EASE

Bargaining Update: WE NEED YOU! Join the April 13 Rally/Protest

Bargaining Update:  WE NEED YOU! Join the April 13 Rally/Protest

What’s next? The board of education can and should step in. Budgets are built on priorities. The next Board of Education meeting is set for April 13, 2022 @ 5:00 p.m. We are asking ALL of our members to show up at 1515 Hughes Way for a rally/protest.


Bargaining Update: Thursday, March 24

Today the LBUSD and TALB bargaining teams met.

There is no agreement surrounding full day Transitional Kindergarten. There is no agreement surrounding full day Kindergarten. TALB understands the communities’ interest in these programs. Having a full day Transitional Kindergarten and full day Kindergarten that is adequately staffed is critical for instructional success and safety. Co-Collaborative Teaching (CCT) needs to be hammered out as well, particularly with the District expanding these programs with no agreements.  While we do not have any further large group negotiation dates set at this time, we do plan on meeting in small group to deal with TK, Kinder and CCT prior to going to mediation. Having these items settled prior may make mediation, if necessary, more focused.

Compensation 
The District has offered 4% on schedule and a 3% off schedule.
TALB has countered with a 6% on scheduled and 1% off schedule.
Off schedule payments do not help our less senior members deal with sky-rocketing inflation. On schedule raises set the bar for our retiring members who will be living on a fixed income and facing $6.00 a gallon for gas. We understand the fiscal challenges the District is facing with declining enrollment. However, the District has maintained and built large reserves for several years and has received massive infusions of revenue from the state and federal government.

What’s next? The board of education can and should step in. Budgets are built on priorities.
The next Board of Education meeting is set for April 13, 2022 @ 5:00 p.m. We are asking ALL of our members to show up at 1515 Hughes Way for a rally/protest.

Poster board and markers will be available at TALB, starting on Monday, March 28, 2022. We need to encourage the Board of Education to get executive staff to make adequate proposals on Transitional Kindergarten, Kindergarten, Co-Collaborative Teaching and compensation.

Every voice counts. Make yours heard!

TALB 2022 General Election Results

TALB 2022 General Election Results

TALB General Election Results

Executive Officers
Secretary                               John Solomon 767 (71.2%) Elected
Susan Whyte  308 (28.6%)
Treasurer                               John Olgin 1033 (99.6%) Elected

Area Directors
Cabrillo Elementary              Rocio Torres – Write In Candidate – 5 (50%) – Potential Runoff
Jordan Secondary                Susan Garcia – 165 (99.4%) Elected
Lakewood Secondary           Wendy Eulo – 173 (98.9%) Elected
Lakewood Elementary          Jason Goldfischer – Write In Candidate – 15 (57.75%) Elected
Millikan Elementary              Terence Booth – 155 (99.4%) Elected
Minority-At-Large                  Erin Mendez – 1027 (99.3%) Elected
Poly Secondary                     Paloma Kato – 74 (42.0%)
Brian Dokko – 101 (57.4%) Elected
Wilson Secondary                 Glenda Culbertson 153 (98.7%) Elected

CTA State Council                 Susan Whyte – 594 (57.1%) Elected
John Olgin – 440 (42.3%)

NEA – RA | Assembly Chicago, IL July 2022
Susan Whyte 818 (5.3%)
Marion Nguli 757 (4.9%)
John Solomon 875 (5.7%)
Melody Henry 743 (4.8%)
Glenda Culbertson 814 (5.3%)
Paloma Kato 765 (5.0%)
Christine Kelly 898 (5.8%)
Wendy Eulo 852 (5.5%)
Sybil Baldwin 802 (5.2%)
Pamela Bailey 809 (5.3%)
Terence Booth 831 (5.4%)
Horalia Vargas 720 (4.7%)
Erin Mendez 830 (5.4%)
Katheryn Morgan 733 (4.8%)
Gerard Morrison 821 (5.3%)
Ingrid Fuelleman-Ramos 829 (5.4%)
Peder Larsen 859 (5.6%)
Susan Garcia 826 (5.4%)
Maria Garcia 716 (4.7%)

Bargaining Update: Tuesday, January 18

Bargaining Update: Tuesday, January 18

Bargaining Update: Tuesday January 18

Today the negotiating teams met. Summary –
Article II – Recognition of Exclusive Representation
Adding – School & Guidance Counselors & Psychologists
Excluding – Head Counselors & Lead Psychologists
Article IV – Association Rights
Use of cell phones for business & personal use.
Article V – Days And Hours of Employment
The District presented concepts for a full day Kindergarten. The proposals are predicated by the California Department of Education – Ed Code – 8281.5  (B) Develop a plan for consideration by the governing board or body at a public meeting on or before June 30, 2022, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs.

In short, the legislature has provided resources to school districts to implement “Universal Transitional Kindergarten” [“Kindergarten” includes Transitional Kindergarten, as defined in Education Code 48000 Section (d) For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. (e) A transitional kindergarten shall not be construed as a new program or higher level of service.

The District is currently piloting full-day Kindergarten at some sites for the 2021-22 school year. The TALB bargaining team made an information request for all of the participants in this year’s pilot and all the potentially impacted Kindergarten teachers. Once this data is secured we will hold Zoom forums to flesh out the plus / delta of the current program and how to implement a global program for the entire District.
Deja vu? Yes, back on January 15, 2020 a forum has held at Longfellow ES to discuss the implementation of a District wide full-day Kindergarten. At that time, legislation had not mandated school districts provide access. Next school year, 2022-23 that will be different.

Kinder Forum 1/26 Wednesday via Zoom 4:30-6:00 RSVP vcastillo@talb.org
1/31 Monday via Zoom 4:30-6:00 RSVP 
vcastillo@talb.org

  • Acknowledging adjunct duties of TALB Representative, reduce overall hours of adjunct duties.
  • Replacement Service – include elementary teachers in remuneration.
  • Mileage – update language to reflect itinerate travel.
  • Adjust the amounts for valuables or vehicle damage while on duty.
  • Providing enhanced safety for staff.
  • Investing in more nursing services for sites.
Article X Class Size & Staffing Ratios
  • Compensation for combination classes.
  • Limit number of preparation periods.
  • Multi-site limits for itinerants.
  • Parameters for Block Schedule vs. Traditional 6 period day.
Article XII Evaluation 
  • Providing clarity surrounding the 5 year alternate evaluation cycle.
  • Moving to all electronic evaluations.
Compensation
  • The District & TALB will discuss compensation, for the 2021-22 school year, at the next negotiations meeting, Friday, February 4, 2022.
  • Adjust Pathway Leads – compensation.

Breaking News: Monday, January 10, 2022

Breaking News: Monday, January 10, 2022

TALB Update: Monday, January 10, 2022

Breaking News

  • Starting, Tuesday, January 11, 2022 – There will be a specific line and table for COVID-19 testing LBUSD employees @ Cabrillo High School. We are working on additional sites with the Long Beach Health Department. Click here for the flyer. Exploring the availability/feasibility of expanding weekly school site testing for employees.
  • Consider double masking. Cloth masks do not provide the same level of protection. Request voice amplifier if needed.
  • Configure classroom to maximize space (particularly if there is low attendance that day.)
  • Weather and facility dependent – use outdoor spaces to hold class instruction.
  • (Tentatively) Employee Vaccine Booster Clinic @ TRC on Fridays from 2:30-5:30 – Information from District coming soon.
  • At-Home COVID tests are being delivered to LBUSD, haven’t arrived yet. Once they arrive they will be distributed to sites. When specifics are available we’ll provide an update.

 

Surgical Grade Masks

Given that the Omicron variant of COVID-19 is highly transmissible, it is recommended that faculty and staff wear surgical grade masks. The District is reporting that ALL sites should have these masks on site (picture above) and are currently available. Cloth masks do not provide the same level of protection. If you do not have access to these masks, let TALB know at 562-426-6433.

 


Exclusionary Pay – An employee who was excluded from work because of a workplace COVID-19 exposure. If you were sent home from work for exposure or told to quarantine from October 1, 2021 going forward, you may now recoup those sick days.
Worker’s Compensation Pay – An employee who became ill with COVID-19 and can reasonably attribute their work location as the nexus of exposure and infection from October 1, 2021 going forward, may now recoup those sick days. How to document you were infected at work? A staff general notification of exposure, administrative communique of exposure, parent/student contact notification of COVID-19 positive.
The District is currently updating the process to claim this leave. Check with the website here.

You help make TALB a stronger voice for teachers, counselors, speech language pathologists, psychologists, nurses and librarians.


PUBLIC SCHOOL EMPLOYEE LEAVES FOR COVID-19
Exclusion Pay & Cal/OSHA’s Emergency Temporary Standards (ETS)
California’s Division of Occupational Safety and Health (Cal/OSHA) passed Emergency Temporary Standards (ETS) related to COVID-19 that require employers to continue to provide full pay, benefits, and other employment rights (including job status) for employees who are excluded from the worksite due to a work-related COVID-19 exposure or positive COVID-19 test. Typically, the ETS require employers to exclude and continue to pay employees during the period of quarantine, which could be up to fourteen days.
• Under the ETS, an employer is not required to exclude a fully-vaccinated employee who has a close contact with an infected individual unless the employee has a positive COVID-19 test or the employee develops COVID-19 symptoms. Employers are not required to provide these benefits if the employer can demonstrate that the employee’s close contact with an infected individual was not work-related. Employees are not entitled to exclusion pay if they receive pay because they are reassigned to work from home or receive workers’ compensation during the exclusion period. An employer may require employees to use employer-provided employee sick leave before providing exclusion pay. The ETS went into effect on November 30, 2020, were readopted on June 17, 2021, and are currently scheduled to expire on January 14, 2022. See Cal/OSHA’s COVID-19 Emergency Temporary Standards FAQs on Exclusion Pay.

FMLA & California Family Rights Act (CFRA)
FMLA (federal statute) and CFRA (state statute) provide up to 12 weeks of unpaid leave in a 12-month period for:
• Employee’s own serious health condition;
• Family member’s serious health condition; or
• Child bonding within first year of birth; adoption, or foster care. To qualify, an employee must have worked at least 12 months and 1,250 hours in the preceding 12 months. COVID-19 should qualify as a “serious health condition” if it results in hospitalization, continuing treatment or supervision by a medical provider, or another serious condition such as pneumonia. Because CFRA does not cover pregnancy as a serious health condition, and California Pregnancy Disability Leave (PDL) separately provides leave for an employee disabled by pregnancy, an eligible employee can take pregnancy-disability leave in addition to a 12-week child bonding leave.
• Note: The CDC identifies pregnancy as a condition that might cause increased risk for severe illness from COVID-19. See CDC website.
See Department of Fair Employment and Housing website.

California Education Code (EC)
EC 44984 – Industrial Accident & Illness Leave
An employee whose workers’ compensation claim is approved is entitled to at least 60 days of full salary (when combined with temporary disability payments received for an approved workers’ compensation claim). After this leave is exhausted, the employee is entitled to sick leave and differential pay leave.
EC 44978 – Sick Leave
10 days per year for full-time employees for illness or injury; pro-rated if part-time. Accumulates from year to year. Credit for sick leave need not be accrued by the employee prior to taking sick leave so it may be taken at any time during the school year.
EC 44981 – Personal Necessity Leave
In any school year, 7 of the 10 sick days allowed under EC 44978 may be used by an employee, at their election, for personal necessity, which includes the serious illness or death of the employee’s immediate family member, an accident involving the employee’s person or property, or an accident involving the person or property of an immediate family member.
EC 44977 – Differential Pay Leave / Statutory Leave
Provides up to 5 school months of differential pay due to illness or accident after exhausting all annual and accumulated sick leave. Under EC 44983, employee must be paid at least 50 percent of regular pay after exhausting sick leave.
Other Leaves
The governing board of a public school employer may grant a leave of absence to any employee who is absent because of accident, illness, or quarantine which results from contact with other persons having a contagious disease while performing work. See EC 44964, EC 87765, EC 45199, EC 88199.
Under California Labor Code sections 233 and 246.5 (“kin care” law), an employee may use accrued and available sick leave—up to the amount that would accrue during a six-month period—to attend to the diagnosis, care, or treatment of a covered family member (as defined in Labor Code section 245.5). See
Labor Commissioner’s website.

CTA members who are enrolled in CTA-endorsed Voluntary Disability Insurance through The Standard may be entitled to benefits as a result of the member’s own disabling condition. The Standard will determine whether the member’s receipt of paid sick leave impacts their approved claim based on the specific claim facts and the applicable policy provisions. For more information, contact The Standard at 800-522-0406 or visit CTAMemberBenefits.org/disability. CalSTRS Disability may be available to eligible unit members. See CalSTRS website.
REASONABLE ACCOMMODATIONS FOR DISABLED PERSONS UNDER THE ADA
The federal Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; 29 C.F.R. §§ 1630 et seq. (ADA) and California Fair Employment and Housing Act, Cal. Gov’t Code §§ 12900-12996 (FEHA)
What employers are covered?
ADA prohibits disability discrimination by employers with 15 or more employees.
FEHA prohibits disability discrimination by employers with 5 or more employees.
Several ADA and FEHA rights overlap. FEHA has some stronger state law-based protections.
What disabilities are covered?
A qualifying “disability” can be a mental disability and/or a physical disability that limits one or more major life activities. This can include impairments of major life activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This can also include impairments of major bodily functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Individuals with a qualified disability that would make it medically contraindicated to receive a COVID-19 vaccine may be entitled, as a reasonable accommodation, to a medical exemption from a vaccine requirement, as long as the accommodation does not impose an undue hardship to the employer.
How do unit employees request a reasonable accommodation?
ADA/FEHA requires that employers (including school districts, county offices of education, community colleges, and charter schools) provide “reasonable accommodations” to persons with qualifying disabilities, and the law prohibits retaliation against employees for asserting their rights under ADA/FEHA. An employer is required only to provide reasonable accommodation to employees and applicants with a known disability. If the employer is not aware of an employee’s disability, the employee should inform the employer that they have a disability-related limitation and, due to that limitation, they may need a reasonable accommodation to perform their job. A reasonable accommodation request can include a request to telework/perform distance learning. Temporary use of sick leave or other paid or unpaid leave might also be a reasonable accommodation. The employer must engage timely and in good faith in an “interactive process” with the employee to determine if there is a reasonable accommodation that will allow the employee to perform the essential functions of their job. Under California labor law, an exclusive representative has a right to represent a unit employee in the interactive process. The interactive process requires an individualized assessment of the job and the physical or mental limitations of the individual that are directly related to the need for a reasonable accommodation. The interactive process is a collaborative on-going discussion to arrive at a reasonable accommodation that enables the employee to perform the essential assigned duties of their position. There are no formal procedures to an interactive process meeting. Sometimes the interactive process involves multiple meetings and conversations. An employer, however, is not required to provide a reasonable accommodation that imposes an “undue hardship.” An accommodation is considered an undue hardship when it requires significant difficulty or expense to adopt and implement. An employer can reject an accommodation that eliminates an essential function of the job.
Do I need medical documentation to request a reasonable accommodation? If so, what should it include?
An employer may request reasonable medical documentation that confirms the existence of a disability and the need for a reasonable accommodation. An employer may not request a specific medical diagnosis under FEHA. Medical documentation, however, should explain any disability-related limitations and possible accommodations that might enable the patient/employee to perform the essential functions of the job. The Department of Fair Employment and Housing (DFEH), the agency tasked with enforcing FEHA, recommends that employers temporarily waive medical documentation requirements if it is impracticable for an employee to reasonably obtain documentation of a COVID-19-related disability. See DFEH reasonable accommodation request form.
Where can I go to learn more about reasonable accommodations? See reasonable accommodation page on DFEH website. See Equal Employment Opportunity Commission Enforcement Guidance: Reasonable Accommodation & Undue Hardship Under the ADA.

WORKERS’ COMPENSATION
California Workers’ Compensation System, Cal. Lab Code § 3200 et seq.
With few exceptions, the Workers’ Compensation system is the sole and exclusive remedy of an employee (or their dependents) against an employer for work-related death or injury. An eligible employee with a work-related injury or illness is entitled to partial wage replacement while they are recovering. A covered employer will also be required to pay for the employee’s medical treatment.
Senate Bill 1159 provides that all California employees who work outside their home at the direction of their employer between July 6, 2020 and January 1, 2023 and who test positive for COVID-19 within 14 days of working at their jobsite during an outbreak at their specific workplace are presumed to have contracted any COVID-19-related illness at work for purposes of awarding workers’ compensation benefits. An outbreak exists if, within 14 days of an employee testing positive, one of the following occurs at a specific place of employment:
(1) four employees test positive if the employer has 100 employees or fewer;
(2) four percent (4%) of the number of employees who reported to the specific place of employment test positive if the employer has more than 100 employees; or
(3) a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of COVID infection. See Cal. Labor Code § 3212.88.
If an employee does not qualify for the presumption under SB 1159, they may still be eligible to receive workers’ compensation benefits if they contracted COVID-19 at work. The employee will need to meet certain threshold requirements, including proving that their illness arose out of their employment.
If you believe you contracted COVID-19 through work, notify your employer as soon as possible and promptly file a workers’ compensation claim form with the employer.
Although the Group Legal Services Program does not cover Workers Compensation claims, TALB maintains a referral list of trusted employee-side Workers Compensation attorneys. TALB Staff can assist you if you wish to be referred to one of these attorneys. See Workers’ Compensation Presumption (SB 1159) FAQs, and California Division of Workers Compensation Guide to filing a Workers Compensation claim.

 


Bargaining Update: Wednesday, January 5

Bargaining Update: Wednesday, January 5

Bargaining Update: Wednesday, January 5

The TALB & LBUSD Bargaining Teams met all day today. School safety was the primary focus, although we had a lengthy conversation surrounding the District’s financial footing and exchanged contract proposals on language for Counselors and Psychologists.

Exclusionary Pay & Worker’s Compensation
From January 1, 2021 through September 21, 2021 employees had access to COVID-19 supplementary sick leave under labor Code 248.2. (80 hours or 10 working days.) This could be used for:

  • Caring for Yourself: The covered employee is subject to a quarantine or isolation period related to COVID-19 (see note below), or has been advised by a healthcare provider to quarantine due to COVID-19, or is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  • Caring for a Family Member: The covered employee is caring for a family member who is either subject to a quarantine or isolation period related to COVID-19 (see note below) or has been advised by a healthcare provider to quarantine due to COVID-19, or the employee is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
  • Vaccine-Related: The covered employee is attending a vaccine appointment or cannot work or telework due to vaccine-related side effects.

This expired on October 1, 2021.
Today, the District has made a commitment to provide exclusionary pay and worker’s compensation pay retroactive to October 1, 2021. What does that mean?
Exclusionary Pay – An employee who was excluded from work because of a workplace COVID-19 exposure. If you were sent home from work for exposure or told to quarantine from October 1, 2021 going forward, you may now recoup those sick days.
Worker’s Compensation Pay – An employee who became ill with COVID-19 and can reasonably attribute their work location as the nexus of exposure and infection from October 1, 2021 going forward, may now recoup those sick days. How to document you were infected at work? A staff general notification of exposure, administrative communique of exposure, parent/student contact notification of COVID-19 positive.
Details are still being fleshed out and we hope to have more specifics by Friday, January 7, 2022. This should help those who have lost accrued leave since October 1, 2021 and help those going forward who need to quarantine or become ill with COVID-19 during this omicron variant surge.

Staff Meetings
The District agreed to have the mandated 4 hours of meetings a month be held via zoom until further notice. The caveat being they were not confident that communication to all site administrators could be accomplished this week. To give credit where credit is due, some site managers have already made this week’s staff meeting virtual. If you are at a site where your administrator is being proactive, please thank them. By Friday, the District is confident all sites will be informed that ALL staff meetings will be virtual via zoom.

Testing for COVID-19
The Association has been inundated with calls and emails regarding the unavailability of COVID-19 tests. Whether it be at the site level or for personal use. Hind sight is always 20/20 and the proverbial adage – “would of, could of, should of” comes to mind. Large systems, like Los Angeles Unified (how often do we point to LAUSD as an example?) committed resources earlier in the pandemic to test all students and staff. It is unfortunate that LBUSD did not make that same commitment. From our understanding, it was not because of a lack of resources but a lack of political courage to truly mandate all students and staff be tested. If you remember in the fall, parents had to opt their child into testing. So while we used to have testing, it really wasn’t testing, more like a random surveillance. Regardless, we are now at place where testing would provide students and staff a modicum of safety even if we know it is a false sense of security. Right now in L.A. county every person who is infected is spreading it to two other people on average. By the time people get test results (48-72 hours) they may have been infected with omicron or the flu, which some genius has named “flurona”.

In any event, LBUSD and TALB have reached out to civic leaders in the City of Long Beach to determine if they have COVID-19 testing capacity. We would not be surprised if they don’t. At home kits promised by the Governor have not arrived yet. The Long Beach Health Department has not fully revised their new COVID-19 regulations to mirror those that Los Angeles County Health Department have instituted. And it doesn’t help that both the County and the City Health Departments decided to revise their protocols on New Year’s eve, two days before school returned on Monday. If you feel a much more robust testing protocol should be implemented please write the Governing Board of Education. Their next meeting is schedule for January 19, 2022 @ 5:00 p.m.
Dr. Juan Benitez – President – – jbenitez1@lbschools.net 562-997-8240
Megan Kerr – Vice-President – mmkerr@lbschools.net 562-997-8240
Erik Miller – Member – EMiller1@lbschools.net   562-997-8240
Diana Craighead – Member – dcraighead@lbschools.net 562-997-8240
Doug Otto – Member – Doug Otto – DOtto@lbschools.net 562-997-8240

 

Sadly Cancelled: TALB at Martin Luther King Parade

Sadly Cancelled: TALB at Martin Luther King Parade

Join Team TALB to Celebrate Our Rights and Heritage.

Long Beach Martin Luther King Jr. Parade
Saturday, January 15th, 2022  9:30am.

Update: 2/8/2022

At the advice of the Health Department and the uptick in the Oricron and hospitalization, we will be postponing the 2022 Martin Luther King, Jr. Parade for 2023. 
Again, thank you for joining us! We have truly enjoyed working with you to commemorate Dr. King and his teachings and we look forward to 2023!

It’s important for all teachers, nurses, librarians, and SLPs to come together and be visible in the community. Plan to walk at the annual Martin Luther King Jr. parade with your colleagues to demonstrate our support for the human and civil rights of all people. This also encourages public support for us as educators.

Team TALB will be represented at the 2023 Parade. Stay tuned for further information