Have you settled for the 2021-22 contract year but still need to approve the negotiated agreement at your upcoming meeting? Are you still negotiating? If so, this post is for you! For everyone else, feel free to go back to looking at prop bets for the super bowl (or keep reading for a quick refresher on negotiations timelines during crunch time).
The Industrial Relations Act requires the board and teachers association to submit to mandatory mediation or factfinding if the board and association have not reached agreement by February 8th, unless the parties mutually agree in writing to forgo them. Whether you are planning to approve your agreement next Monday (February 8, 2021) or still negotiating, this post will walk you through the deadlines you need to keep in mind.
We’re Settled and Approving the Agreement Next Week. Great! Based on the timing of February 2021 board meetings, you’ll likely squeak in just under the radar. As long as both parties have approved your agreement by February 8, 2021, you should be just fine. However, if your board meeting is after February 8th, if the teachers’ association will approve the agreement after February 8th, or if you’re still negotiating, keep reading.
Failure to Conclude Negotiations by February 8th. If the parties have not reached agreement by February 8th, they must engage in factfinding 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 factfinding if both agree in writing to forego it. We recommend that you consult with your school district’s attorney before February 8th if it appears that you will not be able to settle negotiations or will have to approve your agreement after that date, even if you have agreed.
Fact Finding Process. If you are considering submitting to the factfinding/resolution process, it 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:
Determine whether the issues are ready for adjudication;
Identify the terms and conditions of employment that remain in dispute and negotiated in good faith but not resolved;
Choose the offer that he/she believes was the most reasonable final offer on each issue in dispute; and
Issue a decision and recommendations by March 25th.
Key in this process is making sure you understand which issues are still in dispute and making a lawful and prudent reasonable final offer.
Time Flies. Time flies, especially from February 8th through March 25th. The board and association have slightly more than six 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 25th. The resolution officer must conclude the fact finding process and issue a decision and recommendations by March 25th or within 25 days after the certification of state aid for the contract year in question, whichever occurs later. With the long Unicameral session, that could be much later this year, into mid-summer. If the parties have not reached agreement on or before the deadline for fact finding to conclude, 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 that the resolution officer determined that the parties negotiated in good faith but could not agree upon. The Commission will decide the case 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 15th.
If you are a KSB client and you believe that you will not reach an agreement, please let us know immediately. If you have any questions about the February 8th deadline or any negotiation issue, please don’t hesitate to reach out to us at ksb@ksbschoollaw.com or (402) 804-8000.