Overview:
A state fact-finding board issued its recommendations for how the WCCUSD and its teachers union can solve their 10-month contract impasse.
The union said the state's suggestions are the "bare minimum" and the district would have to come up with a better offer to avert a strike.
Since a 48-hour notice to strike is required, the earliest that could happen is Wed., Dec. 3.
The United Teachers of Richmond union says it will possibly go on strike this week if the Contra Costa Unified School District doesn’t make an offer that exceeds the state’s recommended salary and benefits increases.
A non-binding fact-finding report, issued by the state’s Public Employment Relations Board on Friday night, recommended that WCCUSD offer a 6% raise over the next two years and increase healthcare contributions from 80% to 85% this year and 90% in the 2026 school year. On Saturday, UTR president Francisco Ortiz sent supporters an email saying the state’s recommendations, however, fail to address the chronic teacher vacancies, and high turnover that are to blame for “the instability students are experiencing.”
“If the district chooses only to adopt the bare minimum from this report … we will have to respond accordingly. That includes preparing for the real possibility of a strike in the week ahead,” the email states. “Not because we want it. Not because it’s easy. But because the alternative is accepting continued instability in our classrooms — and we cannot do that to our students.”
WCCUSD and UTR have been negotiating a contract for 10 months, with little indication that the district can give the union what it’s asking for. (UTR’s contract expired in June). The biggest point of contention is salary, but there are a number of other issues that the district and union have been unable to agree on such as changes to the special education program, class sizes, and union proposals to lighten the workload for special education teachers, therapists and school nurses.
UTR has asked for a 10% raise over the next two years — a move that was initially met with a 0% raise offer from the district. In October, WCCUSD upped its raise offer to 2%, which the teachers union rejected and then authorized a strike. The district also did not accept any of its other proposals.
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“I am still clinging to hope that we can avoid a strike. As a parent, I know that our families are counting on us to resolve the issues and reach an agreement without interrupting our children’s learning.”
— WCCUSD Superintendent Cheryl Cotton in a video message to the school community
Last week, the Teamsters Local 865 and WCCUSD reached a tentative agreement after also going through the state-mediation process. Both parties accepted the state panel’s recommendations: A three-year contract that provides an ongoing 3% raise starting in year one, significant increases to the cash-in-lieu benefit and 90% paid medical benefits locked in for three years. The contract still needs to be ratified by union members, who also authorized a strike vote in October following stalled salary negotiations. The Teamsters represent roughly 1,500 employees who perform a variety of jobs including clerical, food service, maintenance, paraprofessionals in special education and campus security.
In August, the teachers union declared an impasse, sparking a state mediation process. The fact-finding report was the last step before a strike could occur. The recommendations are not binding but are rather an attempt to balance concerns from both parties. Once the report is issued, the union is legally allowed to strike but must give the district a 48-hour notice.
The report states that both WCCUSD and UTR agree that the school district needs more resources, but “the bottom line is a monetary one, both in providing the learning resources and the very basic issues of pay and benefits to retain, reward and support the bargaining unit members.”
The report said while WCCUSD’s teacher shortage is “concerning,” the district’s $16.9 million structural deficit also cannot be overlooked. WCCUSD has to make $7.7 million in cuts this year to balance its budget.
“Little would be gained by pushing the District to jeopardize its financial stability by overly ambitious immediate action,” the report reads. “A long term, continuing effort by the District to compensate teachers and others in the bargaining unit to the maximum extent possible is needed to provide for an educational system that the community wants and deserves”
WCCUSD officials have maintained it would cost the district more than $20 million to meet the union’s salary demands — about $2.2 million a year for just a 1% salary increase.
Union dissents to some of state mediator’s contract recommendations
But the union argues the district is not consistent or accurate with how it projects its budget and issued a dissent to part of the report. In the dissent, UTR executive director Mark Mitchell said a 1% increase would cost the district $1.6 million, according to its unaudited actuals (budget documents).
Mitchell also argues that WCCUSD’s projected budget under-projected state revenue, did not include block grant revenue, understated other local revenues by $7 million and under-projected federal funding by $10 million. In addition, he highlights that the district has several reserve funds, including Fund 71, which has close to $62 million — of which $42 million could be used for salary increases.
WCCUSD officials were not immediately available for comment Sunday. On Monday, Superintendent Cheryl Cotton released a video message by email. (A transcript can be read here.) In addition to providing details about meals, which will still be served at school, and transportation — bus service will still be provided, she ended with a personal comment.
“I am still clinging to hope that we can avoid a strike. As a parent, I know that our families are counting on us to resolve the issues and reach an agreement without interrupting our children’s learning,” Cotton said. “As a former teacher, elementary school principal, deputy state superintendent and now your superintendent, I know that our employees are dedicated, compassionate, and that they want to be at work serving students. It’s our goal to help make that happen.”
In addition to salary, the report issued other recommendations. To address some of the staffing challenges in special education, the state recommended WCCUSD pay for 10 educators to pursue special education credentials and to create a case load limit for speech language pathologists of 65 students per educator. (UTR suggested a 55:1 ratio).
The union asked the district to reduce class sizes to improve student outcomes, while the district argued it has to increase class sizes because of the teacher shortages. The report only made one recommendation on this topic. It suggested reducing physcial education class sizes by one student in middle and high schools.
The fact-finding report also recommended that WCCUSD identify all facilities that fail to maintain temperatures in the 68-76 degrees range while school is in session and resolve this by 2027.
In regards to hiring educators from outside the United States, the report maintains that WCCUSD should retain and recruit them, but does not guarantee a clear pathway for those educators to get sponsored by the district. The union said the report fell short by not issuing such a recommendation because sponsoring educators, which the district has done in the past, allows those teachers to earn permanent residential status and a teaching credential.
UTR officials had not issued a 48-hour notice to strike as of Sunday evening, which means the earliest the union could strike is Dec. 3. Until then, WCCUSD and the teachers union could come to an agreement to avert a strike.
One highly relevant detail from WCCUSD’s unaudited actuals is the amount the district spends on outside consultants- money which could be used to pay teachers. WCCUSD’s records indicate it spends 12% of expenditures – $65 million – on consultants. This is far more than neighboring districts. Mount Diablo Unified (similar demographics to WCCUSD) pays 4%, San Ramon Unified pays 5%.