Negotiation
Tool Kit
Contents of this page
One of the most important obligations of a school board is to negotiate contracts with employee representatives that are aligned with the district’s vision for education, the needs of students, and the expectations of the community.
As Vermont’s school children enter the ever more complex and competitive global economy, teachers, administrators and school board members recognize that solutions to problems that public schools faced in the past may not be the solutions to the challenges of the future.
Public education in Vermont now must confront a wide range of obstacles including a steep decline in student enrollment, high per pupil costs, the cost of current staffing levels, state budget deficits and public concern over high property tax burdens. While education professionals can overcome certain issues via high-level policy changes and new teaching methodologies, solutions to other problems will be linked to more prudent use of available financial resources along with more effective and innovative management of school staff resources, which are commonly addressed in labor negotiations.
1. Practical Bargaining Tips
The following are some practical tips for productive negotiations:
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Be honest and demonstrate integrity. Don’t be afraid to say “I don’t know.” It enhances credibility and respect.
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Listen carefully. If negotiators cannot explain their proposals or the reasons for them, the proposals are not essential. Listening is the most effective strategy - the image of the effective negotiator as a tough-talking, table-pounder is a myth.
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Don’t take it personally. Approach negotiations as an open and candid discussion of bargaining proposals. Discussions may get unpleasant, but they should never get personal.
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Be clear and consistent. If a proposal is unacceptable, say “no” firmly once, and move on. Saying “final offer” more than once is not effective.
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Be realistic. An initial economic proposal should not be so “far out” as to insult the association and polarize negotiations.
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Know your association. Seek to determine – as early as possible – the association’s priorities and interests. Understand the reasons or politics behind association proposals.
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Pay attention to timing. Your judgment as to when a proposal should be dropped, an offer improved, or position reaffirmed, is critical.
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Be prepared to compromise. Any agreement which promotes trust and creates a mutually beneficial long-term relationship requires compromise on both sides.
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Avoid imprecise language. It usually works to the employer’s detriment.
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Don’t finalize complex language in a hurry. Get agreement in principle, then draft, redraft, and jointly finalize.
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Explain the results. After ratification, thoroughly review and explain all contract provisions with administrators.
The Guide to Collective Bargaining includes information designed to provide boards and superintendents with an overview of the legal and strategic elements of the process.
2. General Negotiation Terminology
Educators use lots of jargon and acronyms to reduce the long names of specific programs, assessments, and management practices to abbreviations and shortened terms. This General Negotiation Terminology will help board members better understand what specific terms mean without feeling foolish by continually asking for clarification during negotiation meetings. However, board members are encouraged to question any terms that you encounter that you don’t understand. This can help the public better understand discussions in public meetings.
3. Contracts
The VSBA tracks all teacher, support, maintenance, office staff and administrator contracts. This spreadsheet has links to the most recent contracts, folders with previous year contracts by type and supervisory union/supervisory district and a link (where available) to the website where the SU/SD place their contracts.
4. What's New?
This shared document shows a quick snapshot of what changed from one contract to the next, or one year to the next in a contract in contracts as they are signed.
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If you have recently ratified a contract please help us stay up to date and complete this form letting us know what has changed from your last contract to this one.
5. Comparison Data
Prior to negotiations ...
We spoke with school board negotiation chairs, business managers and superintendents and asked them what data they like to compare when making decisions about focus points in their negotiation. This spreadsheet compares the information they suggested.
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How to use the spreadsheet:
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​This is a Google Spreadsheet. Click the link and select File - Download. Download the document to your computer.
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Select the districts you would like to compare to yours, type the names along the top of the columns.
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You can either use the comparison items along the left column and/or add some of your own.
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6. Other Important Data
Prior to negotiations ...
Pro Tips
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Doing one’s best during the negotiation process to keep the same people at the table makes a consistent process as well as no loss of time due to adding or changing which can result in stalling the process.
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Questions to outside resources should be in writing as back up of what others said in response to questions.
7. Sample Language
While negotiating you may find the topic of considering new items for the new contract. If you are considering altering or adding new items, here is some sample language of items in other contracts. Please note: this is sample language and not necessary best practice. The actual contract with the language is noted. If there are other topics that would benefit to be added to this list, please do not hesitate to email them to klamb@vtvsba.org.
8. Arbitrators, Mediators & Fact-finders
For many years, the VSBA has collected and distributed evaluative information on the performance of arbitrators, mediators and fact-finders who work in Vermont school districts. The information we collect is intended to assist when selecting individuals to provide dispute resolution services for school districts. The current list can be found HERE.
9. Strike Survival Guide
While neither party should anticipate a strike from the outset of negotiations, school boards should devise a strike plan prior to the onset of bargaining, at a point when the board has time to engage in thoughtful planning and preparation. This Vermont School Boards Association Strike Planning and Preparation resource will provide you with guidance and strategies to consider as you prepare a plan in the event of a teacher strike. The VSBA recommends boards assemble a strike plan well in advance of a breakdown in negotiations.