Monday, October 6, 2014

Proposition 104 – School District Open Meeting Requirements for Collective Bargaining

Collective bargaining is the negotiation process between workers’ representatives, usually labor union officials, and an employer to determine conditions of employment. In addition to salary, benefits and work schedule, collective bargaining for teachers may determine other issues such as curriculum and class size.

There are 179 school districts in Colorado. About 3/4 of Colorado public school students attend schools in districts with collective bargaining agreements. Colorado law currently allows school districts and other local governing bodies to meet in closed sessions to discuss certain announced topics upon a vote of 2/3 of the members present. Any final votes or actions, however, must take place in public meetings. Currently, collective bargaining negotiations can be held outside of school board meetings in closed meetings by a small subset of school board members or by school district representatives. This proposed change would no longer allow closed collective bargaining meetings.

Recommendation: no

In general, I support the ability to hold closed, executive sessions on an occasional basis. Collective bargaining can be a long, drawn-out, complicated and sensitive process. I’m not convinced that having more disparate voices weighing in either in the actual meeting or outside of the meeting through social media or other public forums will benefit the process. The better solution, I think, is for the electorate and unions to elect good leaders to represent them in the collective bargaining process.

I also wonder, like many others, why only school districts are targeted. Schools have been the target of political forces at least since George W. Bush pushed through No Child Left Behind. The largest and 3rd largest school districts in the state, Jefferson County and Douglas County respectively, have recently made some controversial decisions, but it’s not clear that having open negotiating sessions would benefit either management or workers.


Website for the Yes side (Sunshine on Government)
http://www.sunshinek12.org/

Website for the No side (Local Schools, Local Choices)
http://getthefactson104.com/


Approved Ballot Language

Proposition 104 (STATUTORY)
Shall there be a change to the Colorado Revised Statutes requiring any meeting of a board of education, or any meeting between any representative of a school district and any representative of employees, at which a collective bargaining agreement is discussed to be open to the public?
- YES/FOR
- NO/AGAINST


See the text of the measure, as filed with the Secretary of State, to amend the Colorado Revised Statutes section 24-6-402 and add subsection 22-32-109.4:

http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/124Final.pdf

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