School Desk Webinar: Negotiations
October 10, 2025
Many thanks to the education lawyers and business officials who teamed up to present on the topic of Negotiations. They provided both legal and fiscal background on how the process works but also included valuable tips for school board members.
Presenters:
Stuart Waxman, Partner, Thomas, Drohan, Waxman, Petigrow and Mayle
David Shaw, Partner, Shaw Perelson, May and Lambert
Emily Lucas, Partner, Ingerman Smith
John Brucato, Assistant Superintendent for Finance & Operations, Briarcliff Manor UFSD
Dr. Ron Clamser Jr., Assistant Superintendent for Business, PNW BOCES
While both presentations are available on our website through the link below, here are a few tips that board members should consider:
Should board trustees be at the negotiating table?
While school board members are permitted to be on the negotiating team, from a legal and practical perspective it is often preferred to keep them separate as a ratifying authority. Any board members present during negotiations when a tentative agreement is reached will legally be required to vote in favor of the agreement at the board table and speak positively about the agreement to board colleagues.
Can the board avoid talking with the bargaining unit about “non-mandatory” subjects of bargaining?
Non-mandatory subjects of bargaining in a school context refer to topics that involve the “inherent and fundamental policy decision relating to the primary mission” of the public employer, including topics such as class sizes, method of instruction, number of assigned teaching periods each day. If any non-mandatory subjects are not already in the bargaining agreement, board members and administrators should think carefully about including them in discussions, as once any non-mandatory subject is included in a collective bargaining agreement, the provisions can only be changed through future negotiations.
If the school district is expecting less aid and is unable to significantly raise the tax cap, how can we bargain in good faith when we have nothing to offer?
Hard bargaining and bargaining in good faith are not mutually exclusive. If the employer’s approach to negotiation is based on a “serious desire to reach agreement” by making sincere efforts to do so, the district is bargaining in good faith. In circumstances where the economic circumstances of the district have changed in an unexpected and material way, the district is able to reduce an offer currently on the bargaining table without being accused of bad faith.
Beyond money, what are current key topics of bargaining?
Several “hot topics” in bargaining may have a financial impact without impacting the salary schedule, including retiree health insurance, Medicare Part B, defining compensable credits and salary schedule placement. Other current topics may include remote instruction, district-wide safety plan, home instruction, summer work, BOCES CoSer classes and arrangements among school districts. The new education law replacing the former APPR evaluation will make more aspects of evaluations subject to mandatory bargaining and should be carefully thought through by administrators and lawyers prior to embarking on revised evaluation plans.
What role does data play in the negotiations process?
Basing your negotiating position on data improves credibility and takes some of the emotion out of the bargaining process. Understanding the data that either team is likely to present at the bargaining table is key to understanding negotiating positions and ensure that everyone is operating based on a common understanding of each other’s position. Expect to see information from your business official that may include salary trends in the region, and the tax cap and state aid outlooks for your district based on long range financial planning.
What does a “successful” negotiation look like?
Each district and team will decide on the perceived success of negotiations but always keep in mind that negotiations are a cyclical process typically involving multiple bargaining units. Success should not just be measured by the financial results, but also by the ongoing trust maintained in the district’s relationships with staff.
For more details on all that was discussed in the School Desk webinar, please go to the presentation slides on both legal and fiscal topics:
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