As the school year comes to a close, the negotiations over a new professional contract are nearing the end of their cycle. Throughout the school year, both the administration and the faculty negotiation team have walked through the steps of negotiation, including a notice up letter, federal mediation, and most recently, a fact finding hearing held on Wednesday, April 10 and Thursday, April 11.
“Fact finding is when the Secretary of Labor sends a professional arbitrator who will come to the college and hold a hearing, allowing both sides to present their evidence and reasoning for their proposals,” Terry Sader, professor of Philosophy and president of the Butler CC Education Association said. “And then the arbitrator will issue a decision based on that hearing.”
In the state of Kansas, fact-finding decisions are non-binding, meaning that either side of the negotiation could disregard the findings of the arbitrator.
“Typically, the fact finder’s recommendations are accepted by both sides,” Sader said.
At the hearing on April 10 and 11, many topics were covered, including salary and budget adjustments, as well as longevity compensation and continuing education benefits. The main topic covered, however, was the inclusion of due process language in the master agreement.
Currently, due process is enshrined for community colleges in the Kansas state statute. The Butler CC Education Association, however, wants the language included in the Butler CC Master Agreement.
As described in the fact-finding hearing, many Butler CC faculty believe the contract needs to contain explicit due process language, and not rely on state statutes to provide that safety.
“There are due process protections that we have learned to take for granted,” Cory Teubner, professor of English and literature, said during the hearing. “But in Kansas, they rely on the continuation of the current statute. If the statute goes away, then unfortunately our contract is too weak to provide any protection.”
Throughout the course of the multi-day, hours-long hearing, both sides expressed their platforms, and shared why they believe due process does or does not need to be included in the master agreement.
“The Board’s proposal is to keep the current language that’s in the master agreement the same, and not make any changes to it,” Kim Krull, president of Butler CC said.
During the hearing, both sides were able to present their case, and the fact-finding report was released to faculty on Thursday, April 25.
By state statute, both teams are required to meet together one more time in an effort to come to an agreement. If the two slides cannot come to an agreement, the Board of Trustees can issue a unilateral, or individual contract, which each faculty member can accept, or they can remain on the 2022-23 academic year contract.
According to an email shared with Butler professional employees, the fact-finder “recommends the Education Association proposal with revisions regarding cost-sharing and process details, and offers assistance (at no charge) in creating such language.”
The full official results and explanations were shared on Friday, April 26, and as of Thursday, April 25, the BCCEA was hopeful for a satisfactory conclusion for both sides in the near future.