Rethinking Confidentiality: A Comprehensive Guide to Communicating During School Board Negotiations

The art of negotiation is a delicate dance, a carefully choreographed exchange where communication serves as the guiding rhythm. This is particularly true in the realm of school board negotiations, where the stakes are high, the players diverse, and the impact far-reaching. 

While confidentiality has traditionally been considered sacrosanct in this arena, a growing body of evidence suggests that a more open and proactive approach to communication can yield significant benefits for both the negotiating parties and the community they serve.

This article delves into the complexities of communication in school board negotiations and how to work toward  a more transparent and engaging process. We will explore the shortcomings of the traditional confidentiality paradigm, the compelling reasons for change and the essential elements of a successful communication strategy.

The Limitations of the Traditional Confidentiality Model Historically, school board negotiations have been shrouded in secrecy, with communication confined to the closed doors of the bargaining room. 

Under this traditional model, both the school board and the teachers union typically operate under a self-imposed “news blackout,” restricting public communication to announcements of settled contracts or addressing major crises. Each party retains exclusive control over communication with its constituents, often resulting in a one-sided flow of information that can distort the public’s perception of the negotiation process and its complexities.

This approach, while well-intentioned, can be problematic for school boards. Unions may fail to keep their members accurately informed, strategically break news blackouts to release partial or misleading information, and effectively control the narrative in the public sphere. This leaves school boards struggling to counter misinformation, correct inaccuracies and maintain credibility in the eyes of the community.

Furthermore, the traditional model can breed mistrust and misunderstanding, hindering the development of a collaborative environment essential for reaching mutually beneficial agreements. In the absence of clear and consistent communication from the school board, rumors and speculation can flourish, creating an atmosphere of anxiety and animosity that can hinder good-faith negotiations.

The Imperative for Change: Embracing a New Paradigm Recognizing the limitations and potential pitfalls of the traditional model, a growing number of school boards are seeking new ways to communicate during negotiations. This shift is driven by a desire to enhance transparency, foster public trust, and ultimately, achieve more favorable outcomes at the bargaining table.

However, transitioning to a more open communication strategy requires careful planning and execution. It necessitates a comprehensive approach that balances the legitimate need for confidentiality with the responsibility to keep the community informed. A successful communication strategy must be proactive, consistent and aligned with the board’s overall negotiation goals.

The Foundation of Effective Communication: Defining the “Why” and “How” Before embarking on any communication effort, school boards must clearly articulate their objectives, which should be aligned to district goals. Why do they want to communicate? Is it to negotiate in the public eye, or to provide the community with an objective understanding of the negotiation process and progress? Is it to counter misinformation spread by the union, or to proactively build public support for the board’s positions?

The “how” of communication is equally crucial. School boards must prioritize objectivity and transparency, presenting information factually and avoiding public posturing or attacks on the union. This approach enhances credibility and fosters an environment conducive to productive dialogue and settlement.

Navigating the Dynamics of Bargaining: A Critical Understanding Effective communication in negotiations requires a deep understanding of the bargaining process itself. Negotiations are dynamic, involving movement and compromise from both sides. Publicly committing to a rigid stance can backfire, as positions may need to be adjusted to reach a mutually agreeable settlement.

For instance, a school board publicly declaring a “firm” salary offer below the county average might garner initial public support. However, if the final settlement, while still favorable to the district, exceeds the publicized offer, the board risks appearing to have “caved in” and may lose the public’s  trust.

Instead of focusing on specific positions, school boards should communicate broader information about the district’s financial realities, constraints and priorities. This approach allows for flexibility in negotiations while maintaining transparency and public understanding.

The Art of Communication Management: A Coordinated Approach To ensure consistency and clarity, school boards should designate a single spokesperson for all negotiation-related communications. This individual should be articulate, well-versed in the negotiation process, and capable of communicating complex information clearly and objectively.

The spokesperson should work closely with the board’s negotiating team, ensuring all public statements are aligned with the board’s overall strategy and objectives. Unauthorized releases of information by individual board members should be strictly avoided, as they can undermine the board’s position and damage credibility.

Choosing the Right Communication Channels: A Multifaceted Approach School boards have a variety of communication channels at their disposal, including public board meetings, district newsletters, press releases, media interviews and presentations to community groups. Each channel offers opportunities to engage with different segments of the public.

Effective communication, however, requires more than sporadic information releases. It necessitates a continuous process of engagement, educating the community about the complexities of collective bargaining, the district’s financial realities and the impact of negotiated contracts on educational programs and services.

What to Communicate: Balancing Process and Issues Communication during negotiations typically falls into two categories: process and issues.

• Process: Explaining the legal framework of collective bargaining, including the requirement for good-faith negotiations, impasse procedures and the roles of neutral third parties helps the public understand the complexities of the process. This demystifies negotiations and counters attempts to portray disagreements or impasses as crises.
• Issues: While specific bargaining positions should be kept confidential, school boards can provide factual information about the district’s resources, budget constraints, salary schedules and benefits packages. Contextualizing this information by comparing it to other districts can help the public understand the “norm” and appreciate the board’s efforts to balance competing priorities.

The Importance of Timing: A Strategic Consideration Timing is critical in communication during negotiations. The premature release of information, particularly on specific bargaining positions, can harden stances and hinder progress. However, certain “landmarks” in the negotiation process present natural opportunities for communication.

The beginning of negotiations is an ideal time to educate the community about the bargaining process. Progress reports can be released periodically, focusing on the procedural steps rather than specific positions. Later, during  mediation or fact-finding, districts have  another opportunity to explain these procedures and reiterate the board’s commitment to good-faith bargaining.

The public release of factfinders’ or conciliators’ reports is mandated by law. This allows the board to provide context and supporting data for its positions. Similarly, the start of a new school year without a settled contract necessitates clear communication to alleviate concerns and avoid unnecessary disruptions.

Building a Foundation of Trust and Transparency: A Long-Term Investment The most effective communication strategy is one that is integrated into the district’s ongoing community relations efforts. Building a strong foundation of trust and transparency through consistent and open communication, even outside of negotiation periods, enhances the board’s credibility and fosters a supportive environment for reaching mutually agreeable settlements.

A Call for a New Era of Communication Rethinking confidentiality in school board negotiations is not about abandoning privacy or negotiating in the public eye. It is about embracing a more proactive and strategic approach to communication that balances the need for confidentiality with the responsibility to keep the community informed.

By defining their communication objectives, prioritizing objectivity and transparency, understanding the dynamics of bargaining and choosing the right communication channels and timing, school boards can effectively navigate the complexities of negotiations while building trust and fostering a supportive environment within the school community. This redefined approach to communication empowers school boards to achieve their negotiation goals while fulfilling their responsibility to serve the best interests of students, staff and taxpayers.

In a world increasingly demanding transparency and accountability, school boards must adapt and evolve their communication strategies. By embracing a more open and engaging approach, they can not only achieve better outcomes at the bargaining table but also strengthen their relationship with the community they serve. This is the essence of rethinking communications in school board negotiations.

Kurt Rebovich Jr. is NJSBA’s associate director of labor relations and services. He is the president of the New Jersey chapter of the Labor and Employment Relations Association.