USD 234 selects fact finder to help with last stage of contract talks

USD 234 is one of 32 school districts in Kansas that have yet to settle contract negotiations, according to a document released by the Kansas Association of School Boards.

Contract talks between the school district and negotiators for the Fort Scott Chapter of the Kansas National Education Association (K-NEA) have yet to come to a satisfactory conclusion.

According to the KASB document, 24 of the state's 296 districts declared impasse in their negotiations this year, and 20 of those were able to reach settlements as of mid-December. Of those 24 districts, one declared single-party impasse, eight declared joint impasse, 13 reached the mediation stage and only two, including USD 234, reached the fact-finding stage.

Fact-finding is the final step in the negotiation process, USD 234 Business Manager Alan Drake said. That process will involve a public hearing, scheduled by the fact finder, which gives both sides a chance to present all evidence and supporting information and documents to establish reasonableness of the board's position, according to a document obtained from the district.

At the end of the fact-finding session, the fact finder will rule for either party based on the evidence and information obtained. However, Drake said the fact finder's decision is not necessarily the final decision.

"The important thing is that the fact finder's decision is not binding," Drake said.

For example, should the fact finder rule in favor of the teachers' side, the district still has the right to rule against that decision. At that point, Drake said, the decision to approve or oppose the fact finder's ruling would be based on a vote by the Board of Education.

If no agreement is reached through the fact finding process, the board has the authority to issue unilateral contracts as provided by a state statute. Upon the issuance of unilateral contracts, teachers have the option to resign, accept the unilateral contract or elect to work under the prior year's contract.

"But we're hoping it doesn't get to that stage," Drake said.

Drake said no date has been set for Fort Scott's fact-finding session, though both parties have agreed to hire Ozark, Mo.-based attorney John Creger as the fact finder. According to Drake, Creger has served several times as an arbitrator in contract disputes during the past few years.