School Committee

Holliston Public Schools - Collective Bargaining 2020-21 

In response to questions from the community about the status of the collective bargaining process with Holliston Federation of Teachers (HFT), below is an update of the collective bargaining process. We cannot share specific information from negotiations but want to update on the process so far and the status of negotiation. We are hopeful to come to an agreement before June 30, 2021.

This spring, the parties have been engaged in mediation to resolve the contract.  While the Committee cannot share details of the mediation sessions, at our last mediation session on May 5, 2021, the parties came very close to settling the contract.  In fact, the parties reached a tentative agreement on compensation.  However, the parties were unable to agree on removing one underutilized item from the contract that would have allowed additional resources to be made available to compensate all educators.

By law, the School Committee is required to return to the town any  remaining appropriation funds in the fiscal year (FY) 2021 budget, including funds that could be used for FY21 salary increases, unless there is a binding contract in place on or before June 30, 2021.  The School Committee remains hopeful that an agreement can be reached prior to June 30, 2021. 

The Process to Date:

• January - March 2020 - The School Committee and HFT participated in Interest Based Bargaining (IBB) negotiating sessions.

• March 12, 2020 - Both parties reach a Tentative Agreement to be voted on by the HFT membership and full School Committee.

• May 5, 2020 -The HFT reported that they voted to ratify the Tentative Agreement.

• May 6, 2020- the Holliston School Committee does not ratify the Tentative Agreement 

• August 2020 -  Negotiations recommence with sessions in August, September, October, and November.

• November 2020- The HFT requests mediation and the School Committee agrees..  

• January 2021- Both parties met again with proposals but could not reach agreement, and the parties filed for mediation.

• February 23, 2021- A mediator is assigned. 

• March 29, 2021 - initial mediation session.

• April 28, 2021 - second mediation session. 

• May 5, 2021- At the third mediation session, a tentative agreement on compensation is reached but the parties disagree regarding the redundant item that would need to be eliminated to maximize teacher compensation.

• May 20,2021 - The mediator notifies the parties that he has filed his report with the Department of Labor Relations, recommending that the parties move to non-binding Fact Finding.

• May 26, 2021 - Holliston School Committee sends letter to HFT Union Representative, asking that he share it with the entire HFT Teachers unit.  The letter states that by MA Gen Law, the School Committee is required to return any unspent money to the Town if the parties do not have a binding contract by June 30, 2021. 

• May 28, 2021 HSC attorney submits a list of fact finders to DLR.

• June 3, 2021 - Members of the public request an update during public comment. 

• June 10, 2021 - HSC updates process with new members.

Holliston Public Schools - Guide to Collective Bargaining 

In 2020, the School Committee began bargaining with Holliston Federation of Teachers: Teachers unit (HFT) for a successor contract.  The following information is provided as context for the negotiation process. 

Primer on the Collective Bargaining Process

Collective bargaining in the public sector is governed by Massachusetts General Laws, Chapter 150E.

Massachusetts law permits public employees who are not confidential or managerial to collectively bargain but expressly prohibits public employees from engaging in a strike including a work slowdown. 

The Massachusetts Department of Labor Relations (DLR) provides an overview of the collective bargaining process. Some key points to Collective Bargaining:

What is collective bargaining?

Collective bargaining is the mutual obligation of employers’ and employees’ representatives to meet at reasonable times and confer in good faith with respect to wages, hours, standards of productivity and performance, and other terms and conditions of employment, or the negotiation of an agreement, or a question arising under an agreement.

Must an employer negotiate with representatives of the bargaining unit?

Yes. The employer and exclusive bargaining representative must, upon demand, negotiate in good faith with respect to wages, hours, standards of productivity and performance, and other terms and conditions of employment. No public employer may exempt itself from the operative provisions of the law.

Is either side required to agree?

No. But both sides must bargain in good faith, and either reach agreement or impasse.

What are the next steps if an agreement is reached during bargaining?

Agreements reached by union and management representatives at the bargaining table must be brought back to the union membership for a ratification vote and to the school committee as a whole for approval. Members of the bargaining teams for the union and for management are legally required to vote in favor of the agreement that they reached during bargaining.

The School Committee’s Role in Collective Bargaining

The School Committee is the employer for purposes of collective bargaining with school unions. Generally, the School Committee will select one or two members as the bargaining team for each union.  For purposes of collective bargaining, a municipal representative, such as the Town Administrator, can participate and vote with the school committee and may be appointed by the school committee to serve on the bargaining team. Collective bargaining agreements cannot exceed three (3) years.

Mandatory Subjects of Bargaining

Additional Considerations: 

The School Committee may set long-term as well as short-term goals for bargaining.  The goal of preserving good employer/employee relationships is important and must be balanced against the availability of funds and the needs of students, the general public, and the community. The School Committee’s main responsibility is to ensure that students receive the highest quality education as well as the services they need to succeed. Decisions on contract terms must ensure that the administration’s right to manage and to fulfill other School Committee goals and state mandates is preserved.

A recommended operating budget for Holliston Public Schools is determined each year by the School Committee in close consultation with the Superintendent of Schools and the Assistant Superintendent of Finance and Operations.. The Committee also works with the Town Administrator, Select Board, and Finance Committee to understand revenue and expenses throughout the town in order to make responsible judgments about the appropriate level of school budget. For more information on the HPS School Operating Budget Overview and Process, click here. 

FAQs

Who does the teachers’ association represent?

Holliston Federation of Teachers: Teacher unit consists of all classroom teachers, program heads with teaching assignments, media librarians/digital learning specialists, learning specialists, guidance counselors, school social workers, special education teachers, speech and language therapists, Board Certified Behavioral Analysts with DESE license, and registered school nurses. Members do not include paraprofessionals (Instructional Assistants), administrators, secretaries, custodians, nutrition services staff, OT/PTs, and other employees.

Who is on the negotiating team for the Holliston School Committee? 

As of May 26, 2021 Stacey Raffi, represents the School Committee with support from Superintendent Dr. Susan Kustka, Assistant Superintendent of Finance and Operations, Keith Buday, and Assistant Superintendent of Curriculum and Instruction, Dr. Peter Botelho. Two former Holliston School Committee members, Andy Morton and Anne Louise Hanstad represented the School Committee until their terms ended. The negotiating team is represented in negotiations by an attorney from the law firm of Murphy, Hesse, Toomey, & Lehane, LLP

Who is on the negotiating team for the Holliston Federation of Teachers (HFT)? 

Jamie Cutone, Doug Lack, Renee Popek, Greg White, and  Murray Gallster. The HFT’s negotiations team traditionally has been joined in negotiations by a representative from the American Federation of Teachers, (AFT), a statewide organization that provides support and legal representation to member unions.

What is the timeline for negotiations? 

The current collective bargaining agreement with the HFT Teachers unit expired on August 31, 2020. The School Committee and the HFT Teachers unit began negotiations in January, 2020.

What is the process of negotiations?

• At the beginning of negotiations, the School Committee and the HFT historically have agreed upon ground rules to guide the negotiations.

• After ground rules are agreed upon, each party presents a list of proposals that include changes that they wish to make in the existing contract, including adjustments to salary and benefits. These items are discussed through a series of negotiations meetings.

• When the parties reach agreement, that agreement is subject to ratification by the union membership and approval by the full school committee, including the municipal representative.  After ratification and approval, the agreement becomes effective.

• For this particular contract (Fiscal Year 2020_2023), both parties agreed to Interest Based Bargaining (IBB).  Through the IBB process, parties proactively identify durable solutions to outcomes at the bargaining table. Agreements are based on mutual and individual interests rather than positions. This ap- proach emphasizes problem solving and enables mutual gain outcomes.

What happens if the parties can’t reach an agreement?

Mediation: If the parties bargain in good faith but are unable to reach agreement after a reasonable period of negotiation, the parties are at “impasse.”  At that point, either party or both parties acting jointly may petition the Department of Labor Relations (DLR) for a determination of the existence of an impasse. The DLR then assigns a mediator to assist the parties in reaching an agreement. The role of the mediator is to facilitate an agreement.  Agreements reached in mediation are subject to ratification by the union membership and approval by the school committee, including the management representative.

Fact finding: If mediation is unsuccessful, the next step in resolving an impasse is fact-finding.  The parties select a factfinder from a list provided by the DLR. 

• The factfinder holds a hearing(s) where the parties present their proposals, positions, and information, including relevant data about the District’s resources and comparable districts. 

• The factfinder then issues a confidential report with findings of fact.  This report may or may not include recommendations. 

• The parties receive copies of the report and are required to return to negotiations informed by the report. 

• If the parties do not reach agreement within ten days from the issuance of the report, the DLR will release the report to the public.  If the parties are still unable to reach agreement, the employer informs the DLR, which either sends the parties back to mediation or finds the employer has satisfied its bargaining obligations, which permits the employer to implement its last best on the record offer.

Can the HFT strike if no agreement is reached? 

No, it is against the law for public employees in Massachusetts to strike.  Massachusetts General Laws chapter 150E section 9A provides:

• (a) No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall induce, encourage, or condone any strike, work stoppage, slowdown, or withholding of services by such public employees.

• (b) Whenever a strike occurs or is about to occur, the employer shall petition the commission to make an investigation. If, after investigation, the commission determines that any provision of paragraph (a) of this section has been or is about to be violated, it shall immediately set requirements that must be complied with, including, but not limited to, instituting appropriate proceedings in the superior court for the county wherein such violation has occurred or is about to occur for enforcement of such requirements.

What happens if a teachers’ union goes on strike?

The law requires that “[a]ny employee who engages in a strike shall be subject to discipline and discharge proceedings by the employer.”  (See G.L. chapter 150E, section 15.) 

If a union were to go on strike, the DLR will order the union to cease the strike and employees to return to work.  If the union does not comply with the DLR’s order, the DLR will seeks judicial enforcement of its order.  Failure to comply with a judicial order subjects the union to contempt charges and large fines.