I. A 0 Division of Labor Standards and Statistics Department of 633 17?? Street, Suite 600 Labor and Employment Denver, CO 80202-3550 May 2, 2018 File No. 200-18-01 200-18?02 Pueblo Education Association Pueblo Paraprofessional Education Association Through Counsel Kris Gomez, General Counsel Erik G. Bradberry, Staff Attorney Colorado Education Association 1500 Grant Street Denver, Colorado 80203 Pueblo School District No. 60 Attn: Barbara Clementi 315 West 11th Street Pueblo, Colorado 81003 Through Counsel Michael Schreiner, Esq. Richard Bump, Esq. Caplan Et Earnest, LLC 1800 Broadway Boulder, Colorado 80302 IN THE MATTER OF PENDING OF INTENT TO STRIKE Unless requested by both sides, we rarely invoke our limited legal authority to intervene in disputes between public employers and employees -- including school teachers and school districts -- arising from collective bargaining processes. Following that prevailing practice, and absent a mutual request by the parties for intervention, we choose not to do so here. Background The Pueblo Education Association (PEA) and Pueblo Paraprofessional Education Association (PPEA) are voluntary associations of employees employed by Pueblo School District No. 60. PEA and the Pueblo School District have a nearly 50-year history of maintaining and modifying a collective bargaining agreement (CBA). The PPEA and the Pueblo School District have a nearly 40-year history. For purposes of this letter, and for simplicity, we refer to a single CBA. 633 17th Suite 600, Denver. CO 80202-3660 303-313-8850 In August 2017, the most recent version of the CBA expired. It expired because the parties were unable to agree on several financial and non-financial issues. The PEA, PPEA and Pueblo School District, in an attempt to reach resolution, agreed to employ the dispute resolution steps of the expired CBA. A mediator helped resolve some but not all of the disputed issues leaving the financial issues unresolved. Next, the parties agreed to a neutral fact-finder to hear evidence and make recommendations to the Pueblo School District concerning the remaining financial issues. Following a hearing in February 2018, the fact-finder recommended cost-of-living and health insurance benefit increases. The Pueblo School District's board declined to accept the recommendations of the fact-finder. The parties disagree whether the Pueblo School District has the ability to fund the fact- finder's recommended increases in the current fiscal year. Analysis and Decision The Industrial Relations Act provides that the Director may exercise jurisdiction over a dispute like this ?only when employer and employee request such intervention or when the affects the public Colorado Revised Statute Section 8-1-125, C.R.S. (2016). Unless the parties mutually agree to a binding resolution of their disputes, our tools are "peaceable and conciliatory mediation and negotiations." Id. This refers to the voluntary arbitration, mediation, or conciliation of the dispute. Martin v. Montezuma-Cortez Sch. Dis. RE-1, 841 P.2d 237, 249 (Colo. 1992). The ?employer and employee? have not requested intervention within the meaning of the statute?s first prong. Both need to ask. Here, neither has. Specifically, the PEA and PPEA state in their Notices of Intent to Strike that ?the Director might, in her sound judgment, decline to assert jurisdiction over this matter.? The School District contends that a party must ?expressly seek the Director's intervention pursuant to section 8-1-125," but then requests only ?the Director?s assistance, guidance, and recommendations in addressing the current dispute and work stoppage," referring to an alleged work stoppage in late April 2018. The parties are represented by sophisticated counsel and know how to request intervention in the way Colorado law requires. The requirement for clarity makes sense. Headway in a disputed negotiation requires willing and meaningful commitment by all sides to the process. There is not a pending, mutual request for intervention under Section 8?1-125. Regarding the second prong of the statute, the Director may intervene if ?the dispute, as determined by the executive director, affects the public interest.? Section 8-1-1250 Public education generally affects the public interest. This dispute may affect the public interest depending on how it unfolds. This is where the discretionary aspect of our intervention, with the tools of voluntary arbitration, mediation, and conciliation, comes in. The parties already have used the kinds of tools we might employ and have a long course of dealing with each other in good times and bad. Accordingly, we exercise our discretion not to intervene under Section 8-1-125. If circumstances change, we will re-evaluate them. If all parties ask us to intervene to assist in resolving the remaining economic issues, we will. 633 17th Street, Suite 600, Denver, CO 80202-3660 303-318-8850 We are mindful of the practical disruption of a strike at the end of a school year, especially for graduating high school seniors. The chief responsibility for such disruption rests with the PEA, PPEA and School District, and we urge them to keep working toward a resolution of this dispute. Sincer y, lexandra E. Hall Director Division of Labor Standards and Statistics 633 17th Street. Suite 600. Denver, CO 80202-3660 303-318-8850 I