Collective Bargaining
2009-2012 Collective Bargaining Agreements
Excerpt from Sudbury Public Schools' FAQs:
In Sudbury, collective bargaining between the School Committees and the teachers’ unions usually occurs every three years at the end of the contract term. Members of the School Committees and representatives from the teachers’ unions negotiate in good faith to come to agreement on the terms of the new contract. The School Committee relies on outside labor counsel, and the teachers’ union is assisted by someone from the state union group. The parties do not discuss the negotiations publicly because this could be counterproductive and could result in an unfair labor practice. If the parties cannot reach agreement, there are procedures in place to help resolve the situation, which are described in detail below. There is no mechanism, however, to force the parties to agree on contract terms.
Excerpt from Sudbury Public Schools' FAQs:
By state law, the School Committees are the entities that negotiate with the local teachers’ unions. Collective bargaining is governed by state law. While SPS currently has two lawyers serving as members, SPS also uses outside labor counsel who specializes in this area.
Excerpt from Sudbury Public Schools' FAQs:
At the SPS, two members of the School Committee serve as the bargaining team for bargaining with the teachers along with support from the Superintendent and the Director of Business and Finance. The School Committee also works with a labor attorney who specializes in school and municipal collective bargaining. In prior years, the labor attorney has attended bargaining sessions as needed. Collective bargaining with other employee union groups (bargaining units) may be conducted by administrators. The teachers’ union, the Sudbury Education Association, has a bargaining team compromised of Association officers and other members. Our local Association is affiliated with a state union group, the Massachusetts Teachers Association. A representative from the state organization assists the SEA in the negotiations.
Excerpt from Sudbury Public Schools' FAQs:
Most collective bargaining agreements are effective for three years. State law does not allow agreements with a longer duration. Typically, in Sudbury the parties start negotiations during the third year of the contract, usually in December or January. The negotiations conclude when the parties have agreed on a new contract.
Excerpt from Sudbury Public Schools' FAQs:
Both sides must bargain in good faith in an effort to reach an agreement. If either party refuses to do so, the other party can file an unfair labor practice charge. In addition, the employer is prohibited from unilaterally changing the terms and conditions of employment. Such changes cannot be made unless they are first negotiated with the union. If no agreement is reached after a reasonable period of negotiation, the dispute may be submitted for resolution through the state system. The Division of Labor Relations administers procedures for resolving collective bargaining disputes under the public employee collective bargaining law. First, the parties would go to mediation. Generally, the state appoints a mediator unless the parties agree upon a mediator. If the dispute survives the best efforts of the mediator, the case may be certified for fact-finding. A fact-finder will generally be selected from a list of fact-finders sent to the parties. If the parties cannot agree, the Division will appoint a fact-finder. The fact-finder's primary responsibility is to preside at fact-finding hearings and issue a written report with recommendations for resolving all issues in dispute. The fact-finder has the authority to mediate the dispute at the request of both parties. Within thirty days after the appointment, the fact-finder must submit the report to the parties and the Division. The recommendations contained in the report are advisory and do not bind the parties. If the impasse remains unresolved ten days after the receipt of the findings, the Division is required to make them public. Normally, if the dispute continues after the publication of the fact-finder's report, the issues in dispute go back to the parties for further bargaining. In rare circumstances, the parties agree to voluntary interest arbitration. The arbitration is binding only if the parties have agreed in advance to be bound by the findings. In general, agreements ultimately must be resolved by the parties. This process for resolving disputes between school districts and unions differs from the arbitration process that may be invoked to resolve disputes with police and firefighters. The state law gives the Joint Labor-Management Committee the power to resolve police and firefighter collective bargaining disputes through interest arbitration awards, which are final and binding on the public employer if they are supported by substantial evidence and are funded by the legislative body
Excerpt from Sudbury Public Schools' FAQs:
Massachusetts law prohibits all public employees, including teachers, from striking. As recently evidenced in Quincy, however, there are rare occasions when teachers do strike even though it is prohibited by law. In these cases, legal action can be brought against the teachers.
In other instances where the School Committees and teachers’ unions have failed to reach agreement, teachers have limited their work to the minimum requirements of their contracts; this effort is often called “work to rule.” In such cases, teachers might not do any work outside the required school day, including grading, report cards, or parent meetings. Generally, however, disputes are resolved by agreement of the parties or through the mechanisms described above.
