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Lozano Smith Janus Toolkit

The Association of California School Administrators is the largest umbrella organization for school leaders in the United States, serving more than 17,000 California educators.

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LozanoSmith.com COMMUNICATION Plan Implement a communication plan to address the likely questions that will come from employees and unions in the days and weeks following this decision. Central Contact Consider identifying a single point person that can respond to questions regarding the impacts of the Janus decision. Tone In developing these communication strategies regarding whether, and how, to communicate the Janus decision to employees, employers are encouraged to remain neutral and mindful of applicable law, including Senate Bill 285, prohibiting employers from deterring or discouraging public employees from becoming or remaining members of a union. If the agency wants to transmit a mass communication to employees concerning Janus, depending on the content, it may be obligated to meet and confer with labor partners over such communication under SB 866. Internal Updates Provide ongoing updates regarding the case and corresponding impacts to district managers and supervisors, as well as governing board members. Talking Points Disseminate key messages to approved spokesperson(s) in the event they are faced with questions about the Janus decision. Phase Two: Bargaining Options Post-Janus The following list outlines immediate and representative areas of considerations and questions that your agency will need to contemplate. Given the uniqueness of collective bargaining agreements, SB 866 and the Janus decision will have varying and individual impacts for public agencies. The following common clauses in CBAs now merit review: Recognition How does my CBA apply to union members and non-union members? Does it need to be clarified? Union Rights How does this decision impact access to employees and prospective employees? Severability/Savings Do I have a severability clause in my CBA that renders any provisions contrary to Janus and/or SB 866 severable from the remaining valid provisions of the CBA? Opt-Out Provisions Do they comply with this ruling? Religious Objection Clauses Are these still relevant? Hiring Forms How will I need to modify the form? Do we have employees fill out the form? Am I required to bargain any modifications? Janus v. AFSCME Implementation Checklist

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