By Stephen Floyd
The Silver Falls School District has dropped an appeal against a finding that it negotiated in bad faith with non-teacher employees over PERS benefits in 2020.
The district was found in violation of labor laws Aug. 4, 2022, by the Oregon Employment Relations Board for negotiations in late 2020 with the Oregon School Employees Association.
Parties were negotiating over increased compensation for employees who lost some retirement benefits after revisions to Oregon’s Public Employees Retirement System. OSEA submitted multiple proposals between September and November of 2020. The district did not counter until that December.
OSEA filed a complaint with ERB March 8, 2021, accusing the district of trying to run out a 90-day negotiation clock. The district said it was not stalling but would only accept proposals that were revenue-neutral.
Emails showed district administrators hoped to delay PERS negotiations until April of 2021 because of financial instability created by COVID-19 and the 2020 wildfires. ERB ruled in 2022 these uncertainties did not overcome the district’s obligation to negotiate in good faith. It ordered the district to cease and desist further bad faith negotiations.
In a dissenting opinion ERB Board Member Lisa Umscheid said the “historic crises” of the pandemic and the fires gave broader context. She said it was more likely administrators were distracted or overworked by these unprecedented challenges.
The district appealed ERB’s findings Sept. 15, 2022, to the Oregon Court of Appeals. Opening briefs were due June 13, but the district withdrew its petition on June 9. District spokesperson Derek McElfresh said SFSD had chosen to accept the board’s ruling and had no further comment.
OSEA’s current contract is set to expire this year and negotiations for a 2023-2026 contract began May 18. Videos of the full bargaining sessions are available on the district’s YouTube page.
