The annual "contract" you sign every summer signifies you agree to the collective bargaining agreement. This contract and related policies form your faculty/employee handbook, which can be found here.
Like any other bargaining relationship, each side proposes changes to the existing arrangement and attempt to reach a compromise. However, public employee labor unions are severely handicapped in South Dakota.
First, we are a "right to work" state, which means that labor unions cannot charge non-union members an agency fee for the work we do to protect the rights of all employees. Essentially, those who are not dues-paying members are free riders, enjoying the benefits fought and paid for by dues-paying COHE members.
Second, public employees do not have the right to strike in South Dakota. Since we are employed by the state, this Wagner Act provision does not apply to us. The right to strike gives labor unions significant influence and ultimate recourse in the bargaining relationship.
Third, we do not have binding arbitration. Those familiar with Major League Baseball understand this provision. In cases where we cannot reach an agreement, we do not recourse to a third-party to adjudicate our differences. An arbitrator weighs both sides' proposals and usually must choose one side's proposals.
Finally, we do not negotiate salary increases. As you are aware, allocation of salary increases among the faculty are not cost of living allowances and are not awarded across the board. Like other state employees, we are dependent on policymakers (i.e., the governor and legislature) in deciding our allocations.
(Technically, the BOR could award increases regardless of "salary policy" and have added internal funds to the state increases by one percent. However, as you well know for the last two years, they agreed with state policymakers and did not award any increase in salaries.)
The COHE Negotiating Committee represents the faculty side. It is lead by the state COHE President and includes one COHE member from each campus. Throughout this process the COHE bargaining team consults with the state COHE Executive Board.
If they tentatively agree to any BOR staff proposals, they take those proposals to the dues-paying COHE members. A majority vote of COHE members determines whether to accept any proposals.
If COHE members reject these proposals, the BOR staff-acting on behalf of the Regents-can impose their proposals. Leading up to this year's bargaining, the BOR staff have now imposed eighteen major provisions, which are listed on the first page of our contract.
We have the option to take our differences to the state Department of Labor to adjudicate. We have not used this conflict resolution avenue in recent negotiation rounds.
