DCA – Administration Relations
The Board has the power to manage and govern the public schools of the District.
Elwell v. Board of Education of Park City, 626 P.2d 460 (Utah 1981)
The Board and its administrative personnel may consult with teachers with respect to matters of educational policy and conditions of employment. The Board may adopt and make reasonable rules, regulations, and agreements to provide for such consultation, but these shall not limit or affect the power of the Board to manage and govern the schools of the District, nor shall such rules, regulations or agreements favor one educational association over another or give preferential treatment to an educational association.
Utah Code § 53G-11-205(4) (2019)
Exclusivity and Coercion—
If the Board chooses to engage in consultation, the process shall be structured so that there is no direct or indirect coercion of employees to join or refrain from joining a labor union, labor organization or other type or association, and such consultation shall be structured so that the Board does not favor one educational association over another or give preferential treatment to an educational association.
Utah Code § 53G-11-205(4) (2019)
Public employees may negotiate in groups or through employee associations with the District. This is not to be construed as granting to district employees the right to strike, which action is specifically prohibited.
The term Alabor organization@ means any organization of any kind, or any agency or employee, representation committee, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with one or more employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
Publication of Negotiated Agreement—
If the Board engages in negotiations with labor organizations and a negotiated or collective bargaining agreement is reached, the Board shall within ten (10) days of ratification post the agreement or memorandum on the District=s website
Distribution of Organization Materials—
The District shall not allow unstamped, or stamped but not cancelled, employee organization mail to be delivered by interschool mail. Unless off-duty and acting as an agent of an employee organization, a District employee shall not distribute unstamped, or stamped but not cancelled, mail from employee organizations to other District employees.
Equal Access for Employee Associations—
The schools in the District shall allow all employee associations equal access to distribution of information in or access to employee physical or electronic mailboxes (including school-provided email accounts), and to membership solicitation activities at new teacher or new employee training meetings or functions. (This policy does not require the school to afford association access to these activities but requires that if access is granted to one employee association, equal access must be provided to other employee associations.)
Utah Code § 53G-11-205(2), (3) (2019)
No Endorsement of or Preference for Any Employee Association—
The District does not endorse any one employee association, and District policies, structures, and procedures shall not be applied to favor one employee association over another or to otherwise give preferential treatment to one employee association. District calendars and publications shall not include or refer to the name of any employee association in relation to any day or break in the school calendar.