You are on page 1of 2

MBMORANDUM OF UNDERSTANDING

Race to the Top (RTTT?)

This Memorandum of Understanding, dated May 25,2010, is intended to memorialize


the agreement between the Duval County Public Schools ("DCPS") and the Duval
Teachers United ("DTU") with regard to the RTTT2 Application and subsequent
development of the Final Scope of Work Plan ("Plan"). The parties agree as follows:

WHEREAS, the RTTT2 Application and Plan will involve mandatory subjects of
collective bargaining pursuant to Chapter 447 of the Florida Statute; and,

WHEREAS, there is a need for a mutual understanding that DTU and DCPS are willing
to use best efforts to negotiate terms and conditions necessary for submitting the RTTT2
Application and Plan, while not waiving any of DTU's rights under the Florida
Constitution, Florida Statute or the current 2008-2011 Collective Bargaining Agreement
("cBA");

WHEREAS, the parties recognize that the successful execution of the RTTT2 Grant is
dependent upon the cooperative and collaborative efforts of the parties and that utilization
of Florida statute 447.403 is counterproductive to achieving the goals contained within
the RTTT2 Grant,

NOW, THEREFORE, the parties agree as follows:

1. The parlies agree that the execution of the FLDOE MOU by DTU and DCPS
constitutes support of the goals and objectives of the RTTT2. The parties further
agree that said signature does not constitute agreement to modify the existing
CBA or to negotiate additional language consistent with all elements of the
FLDOE Preliminary Scope of Work. The parlies, however, agree to engage and
use its best effort to develop a mutually agreeable plan to address reforms for the
previously identified chronically low performing schools in a manner consistent
with the RTTT2.

2. DTU and DCPS will use best efforts to develop a negotiated, mutually-agreed
upon implementation plan in the areas as identified by the parties as part of the
Plan. The signature of the DTU President on the Florida Department of
Education's ("FLDOE") MOU does not constifute an agreement to (a) reopen or
otherwise modify the CBA, unless and until a subsequent negotiated time specific
waiver or other agreement has been mutually agreed upon by DTU and DCPS or
(b) limit or waive its rights and protections under the Florida Constitution, the
Florida Public Employees' Relations Act and other applicable laws.

3. If an RTTT 2 grantis awarded, the parties agree that any items in the Plan that
impact wages, hours, or terms and conditions of employment or that modifies the
current CBA are subject to bargaining in accordance with Chapter 447.
4. Any items relating to the RTTT2 Application or Plan that are unsuccessfully
negotiated between the parties specifically for the purpose of applying for or
receiving the RTTT2 grant award will not be subject to the impasse procedure set
forth in Chapter 447. Neither parly will unilaterally declare impasse under
Chapter 447 duringnegotiations of any provisions specifically for the purpose of
applying for or receiving the RTTT2 grant award.

5. The parties agree that after good faith negotiations should there fail to be a mutual
agreement or a fully ratified and non-imposed agreement, the parlies are released
from any obligation to continue participation in the RTTT2 Grant.

6. In the event that negotiations result in modifications to the existing CBA, DTU
and DCPS agree that such modifications expire upon either the expiration of the
RTTT2 grant or upon the expiration of the funding of the grant, whichever occurs
first.

7. DTU and DCPS agree that if bargaining according to this MOU results in any
modification to the current CBA in order to comply with RTTT2 requirements,
then such modification(s) will not operate as the status quo (it being understood
that said RTTT2 modifications shall expire at the end of the term of the current
CBA unless otherwise mutually extended by the parties).

8. The parties acknowledgethatporlions of the RTTT2 Application and Plan


implicate mandatory subjects of bargaining under the Florida Constitution and
Chapter 447.The parties acknowledge that the issues such as performance pay,
salary schedules, and reductions in force can best and most effectively be
addressed at the local level, as evidenced by provisions in the current CBA.

This Memorandum of Understanding will expire on June 30,2011 except for provision 6.

For DCPS

You might also like