Meeting the February 8th Negotiations Deadline

The Industrial Relations Act requires the board and teachers

association to submit to mandatory mediation or factfinding as ordered by

the Commission of Industrial Relations if the board and association have not

reached agreement by February 8 th , unless the parties mutually agree in

writing to forgo them.

Failure to Conclude Negotiations by February 8 th . If the parties

have not reached agreement by February 8 th , they must engage in fact

finding and mediation with a “resolution officer” if one of them files a petition

with the Commission of Industrial Relations requesting it. However, they are

not required to engage in the resolution officer process if both agree in

writing to forego it. We recommend that you consult with your school

district’s attorney before February 8 th if it appears that you will not be able to

settle negotiations. Depending upon the unresolved issues you may have

with your local association, there may be reasons to file or forego filing a

petition to begin the resolution process.

Fact Finding Process. The fact finding process can be a complex

endeavor compressed into a very short period of time. The “resolution

officer” will be in charge of the process. Among other things, he or she will:

1. determine whether the issues are ready for adjudication;

2. identify the terms and conditions of employment that were in

dispute and negotiated in good faith but not resolved;

3. choose the offer that he/she believes was the most reasonable

final offer on each issue in dispute; and

4. issue a decision and recommendations by March 25 th .

Time Flies. Time flies, especially from February 8 th through March

25 th . The board and association have slightly more than 6 weeks to

assemble their records and data, perform a comparability study (this is not

required, but it is advisable), present the information and arguments, and

give the resolution officer enough time to review it and issue a decision and

recommendations.

Conclude Fact Finding by March 25 th . The resolution officer must

conclude the fact finding process and issue a decision and recommendations

by March 25 th or within 25 days after the certification of state aid for the

contract year in question, whichever occurs later. In recent years, given the

contentious discussions surrounding school funding, certification of state aid

has occurred well after March 25. If the parties have not reached agreement

on or before that deadline, either one may file a petition with the

Commission within 14 days asking it to resolve the industrial dispute.

Commission of Industrial Relations Decision. The Commission

will limit its consideration to those issues which the resolution officer

determined that the parties negotiated in good faith but could not agree

upon. If the parties forego the resolution officer factfinding process, the

Commission will resolve the “industrial disputes” if either party petitions the

Commission for a hearing. The Commission will decide the case in either

circumstance based on its traditional criteria of comparability and

prevalence, not on the resolution officer’s standard of the “most reasonable

final offer.” It must issue its decision for the contract year by September

15 th .

If you are a KSB client and you believe that you will not reach an

agreement, please let us know immediately. If you have questions, we

recommend that you consult with your school district’s attorney or call

Karen, Steve or Bobby.