"Clause-by-Clause listing of teacher association and school board agree" by Charles W. Potter

Date of Award

5-1977

Document Type

Graduate Project

Abstract

The North Dakota legislature provided for negotiations between boards of public school districts and their certificated employees with statute 15-38.1 (see Appendix B). The Teachers' Representation and Negotiation Statute has been in effect since 1969!

The purpose for negotiation legislation was to promote the improvement of personnel management and relations between school boards and their certificated employees by providing a uniform basis for the negotiations process. The success or failure of this process may prove to be the most important factor in determining how effectively school boards, teachers, and administrators can and will work together in the future. The need for improved knowledge and skill in dealing with this process is apparent in a number of North Dakota school systems.

The purpose of this study was to collect baseline data from North Dakota public school contracts and to objectively classify and categorize important data. The dearth of baseline information relating to negotiations in North Dakota was a definite incentive for providing a practical, organized clause-by-clause sample of ·contract language as executed in writing. This detailed listing of existing negotiation contract language can provide reference for all parties to evaluate.

The office of the North Dakota Education Association (NDEA) was most cooperative during the entire study. The NDEA permitted a utilization of their facilities for five days in a preliminary contract review stage and approximately 175 public school contracts were read and analyzed. In order to insure that the study was based upon binding agreements, only signed contracts executed between school boards and teacher associations were retained for further analysis.

The author identified 25 specific negotiated provisions and the corresponding contractual clause in each of the 26 contracts selected for clause-by-clause analysis. No attempt was made to indicate which clauses are "good" or "bad" or which are legal or illegal; the clauses are listed without commentary.

A brief summary of each set of clauses has been provided in the last chapter.

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