Preparing for Collective Bargaining

As school officials approach contract negotiations with teacher or support staff unions, thorough preparation is essential to achieving a fair, sustainable, and legally compliant collective bargaining agreement (CBA). Effective preparation not only helps to ensure that the school’s goals are clearly defined and collectively supported, but it also promotes positive labor-management relations and reduces the risk of disputes after ratification. 

Review the Current CBA and Identify Key Issues 

The first recommended step in bargaining preparation is for school officials to conduct a comprehensive review of the existing CBA to identify provisions that have caused confusion, grievances, operational challenges, or unintended costs during the CBA’s term. These provisions might include ambiguous language concerning leave policies, evaluation procedures, or placement and transfer rights.

Pay special attention to “past practices” that have developed informally over time, as some may have become legally binding and may need to be clarified or discontinued through bargaining.

School officials also should consider having their CBAs reviewed by legal counsel to identify unclear or problematic language and to provide recommendations to ensure the contracts align with and reflect the most recent legislative changes. 

Build a Skilled and Unified Bargaining Team 

The school’s bargaining team should include members who bring diverse expertise. The team typically consists of the superintendent or designee, a finance administrator, a human resources administrator, and a building-level administrator. Many schools also add legal counsel to the team. Team members should understand the negotiation process, school finances, and how to communicate effectively under pressure. 

Consistency is crucial. The school’s team must present a unified position, avoiding mixed messages or off-the-record commitments. Designating a lead spokesperson ensures that proposals are presented clearly and that discussions remain focused and professional. 

Gather and Analyze Data 

Successful negotiations depend on accurate, up-to-date data. School officials should compile detailed information on compensation, benefits, and working conditions for both their own employees and neighboring or comparable schools. Such information may include wage schedules, step and lane costs, health insurance premiums, retirement contributions, substitute costs, and attendance data. The analysis could also include comparing wage competitiveness against private sector employers for similar work. 

Analyzing data regarding the school’s financial health and engaging in financial modeling is especially critical. School officials should collaborate with their business office to project the cost of proposed salary increases, insurance adjustments, or schedule changes over multiple years, considering enrollment trends, state foundation allowance estimates, and special education reimbursements. Entering negotiations with clear cost forecasts helps the school’s bargaining team evaluate proposals realistically and avoid unsustainable commitments. 

Establish Negotiation Objectives and Parameters 

Before bargaining begins, the school’s bargaining team should meet to draft a priority list of “must-haves” that the team will pursue during the negotiation process. These may include fiscal limits, priorities (such as attracting and retaining staff or expanding scheduling flexibility), and understandings on key operational issues. Then, the bargaining team should meet with the board of education to establish clear bargaining parameters regarding financial and other important issues the team has identified. Notably, the bargaining team can discuss bargaining strategy with the board in closed session under Michigan’s Open Meetings Act Section 8(1)(c).  

A well-defined strategy should also include identifying non-economic interests that can improve working relationships and school operations without adding costs, such as clarifying communication protocols, streamlining grievance procedures, and updating evaluation timelines. 

It is also helpful to anticipate the union’s likely priorities, such as increased wages, job protections, workload relief, or insurance cost-sharing. Understanding these interests allows the school to develop data-supported counterproposals and explore creative solutions that address both parties’ concerns. 

Prepare Communication and Contingency Plans 

Finally, transparent and accurate communication with the school board, staff, and the community is key throughout negotiations. School officials should prepare factual talking points to counter misinformation and maintain transparency and trust among school stakeholders. 

School officials should also plan for potential outcomes, including mediation or fact-finding if impasse occurs. Having contingency plans for operational needs, such as substitutes or payroll adjustments, can minimize disruption of school operations if bargaining extends beyond the contract expiration. 

Preparation is the cornerstone of successful collective bargaining. For school officials, this means combining legal awareness, financial discipline, and effective communication. These are qualities that lead not only to a balanced CBA but also to a stronger and more collaborative working relationship with employee bargaining units for years to come. 

If you have questions regarding collective bargaining preparation or would like a legal review of your current CBAs, please contact a Thrun labor attorney.