HG April 28 2026.pdf (75 KB)

​Boulder Valley School District​ ​File: HG​ ​Adopted: October 27, 1977​ ​Revised: April 28, 1994, November 18, 2025​, May __, 2026​ ​METHOD OF DETERMINING STAFF NEGOTIATING​ ​ORGANIZATIONS​ ​Recognition of an Organization by the Board of Education​ ​1.​ ​Election Request​​- Upon receipt of a petition so requesting and signed by at​ l​east 30 percent of the employees of the School District who are eligible for​ i​nclusion in a negotiating unit as set forth in this policy, the Superintendent or​ ​designee will call an election to permit such employees to determine which​ ​organization, if any, should be recognized by the Board of Education as the​ ​negotiating unit representative in (1) matters pertaining to salaries, (2) working​ ​conditions, and (3) processing of alleged grievances.​ ​2.​ ​The Unit​​- A "unit" as referred to in this policy shall mean an employee group​ ​organized in one of the following classifications:​ ​a.​ ​Central office and building administrators, supervisors and​ ​coordinators, and generally all personnel holding supervisory power over​ ​other employees and/or who evaluate the performance of other employees,​ ​except Assistant Superintendents and directors;​ ​b.​ ​Certificated teachers, librarians, counselors, reading specialists,​ ​psychologists, speech and language specialists, and social workers who are​ ​employed in such capacity on at least a half-time contract;​ ​c.​ ​Regularly employed service personnel who hold no supervisory responsibility​ ​over others;​ ​d.​ ​Regularly employed secretarial and clerical personnel except the secretary to​ t​he Superintendent; and​ ​e.​ ​Paraprofessionals including instructional aides, clerical aides, special​ ​education aides,​​and​​lunchroom supervisors​, liaisons and advisors,​​and other​ ​paraprofessionals not covered by other bargaining groups.​ ​3.​ ​Petition Procedures​​- Petition forms shall be prepared by the​ ​Superintendent or designee and be made available to members of the petitioning​ ​body upon written request to the Superintendent’s Office.​ ​A copy of this policy shall be attached to all petition forms. Petition forms shall​ i​ndicate that those who sign are certifying that (1) they have read this policy; (2) that​ ​they request the Superintendent to call a representative election pursuant to​ ​provisions​

​set forth in this policy; and (3) that to the best of their knowledge, they are​ ​employees of the School District who are eligible for inclusion in the negotiating unit.​ ​4.​ ​Notice of the Call for an Election​​- Within ten days during the regular​ ​school year following the receipt by the Superintendent of petitions bearing the valid​ ​and certified signatures of at least 30 percent of the employees of the School​ ​District who are eligible for inclusion in the negotiating unit, the Superintendent shall​ ​cause notice to be posted for a period of ten days in each school, and the central​ ​offices of the School District. Such notice shall include the following:​ ​a.​ ​The date of the posting of the notice;​ ​b.​ ​A statement to the effect that a petition has been duly filed with the​ ​Superintendent requesting that a representative election be held;​ ​c.​ ​A statement to the effect that a representative election will be held on​ ​the date specified to determine which organization, if any, should be​ ​named the exclusive representative of the negotiating unit pursuant to​ ​this policy; and​ ​d.​ ​A statement describing the employees eligible to vote in the election.​ ​5.​ ​Placing the Name of an Organization on the Ballot​​- To be eligible for​ i​nclusion on the ballot, an organization must limit its membership to employees of​ ​the School District, must have a constitution and by-laws that provide for democratic​ ​practices and procedures, and must not discriminate with regard to terms and​ ​conditions of membership because of​​disability, race, creed, color, sex, sexual​ ​orientation, gender identity or expression, national origin, immigration/citizenship​ ​status, religion, ancestry, family compositions, or physical characteristics​. The name​ ​of any such organization will be placed on the ballot if the following are filed with the​ ​Superintendent at least ten days prior to the election:​ ​a.​ ​b.​ ​c.​

​A copy of the constitution and by-laws of the organization;​ ​A statement naming the organization's officers and the dates on​ ​which their terms of office expire;​ ​A statement, signed by those officers, certifying that they have​ ​been duly authorized to represent the membership in seeking a​ ​negotiated agreement with the Board of Education.​

​6.​ ​The Election and Subsequent Recognition - Limitations​​- The​ ​Superintendent or designee shall set a date for the representative election. The​ ​election shall occur not less than 15 nor more than 30 days following the expiration​ ​of the notices as set forth above.​ ​The form of the ballot, and the procedures and rules governing the conduct of the​ ​election and the canvassing of ballots shall be established by a committee of an​ ​equal number of representatives from the School District as designated by the​ ​Board and each organization(s) desiring to be listed on the ballot. The committee​ ​may agree upon an impartial party to conduct such election.​

​The Superintendent or designee shall provide the ballots and space for casting​ ​them. The School District and each organization on the ballot shall provide​ ​personnel to supervise the elections. Payment of other expenses shall be borne​ ​equally by each organization named on the ballot unless otherwise agreed upon in​ ​advance by the Board and those organizations.​ ​Voting shall be limited to persons eligible for inclusion in the negotiating unit as set​ ​forth in this policy. The choices on the ballot shall include each organization that has​ ​been duly nominated pursuant to this policy and a choice of "no organization." Voter​ ​eligibility lists shall be determined from the last payroll before the election.​ ​The choice receiving a simple majority of the total number of votes cast in the​ ​election shall, upon the canvassing of the ballots, be declared the designated​ ​choice of negotiating unit representative for a period of two years beginning July 1​ ​following expiration of the previous period of representation.​ ​If no choice receives a simple majority of the total number of votes cast, a run-off​ ​election shall be held within 15 days after the vote has been canvassed. The​ ​choices appearing on the ballot at such an election shall be the two choices​ ​receiving the largest number of votes in the first election.​ ​At the next regular meeting following the representative election, or run-off election,​ ​the Board, upon determining that an organization has been elected, shall adopt a​ ​resolution recognizing that organization as the representative of all personnel​ ​eligible for inclusion in the negotiating unit for the period, purposes, and in​ ​accordance with the provisions set forth in this policy.​ ​Recognition will be automatically extended for two-year periods, except as the​ ​Superintendent receives petitions for representative elections pursuant to this​ ​policy. The Superintendent shall set a date upon which petitions shall be accepted,​ ​that date to occur not less than 60 nor more than 90 days prior to the expiration of​ ​the prior period of representation.​ ​7.​ ​Future elections of a representative organization and recognition of an​ ​organization shall occur as provided for in this policy.​ ​8.​ ​Expansion of a Current Bargaining Unit.​​An already recognized employee​ ​group that desires to expand its defined bargaining unit must follow the above​ ​representation proposal process for the newly defined requested bargaining unit.​ ​Following a successful election, the Board of Education and new bargaining unit​ ​shall negotiate all provisions related to how the new members in the expanded unit​ ​will be included in the existing agreement. This shall include any new provisions​ ​applicable to only the new members, as well as if and how any existing substantive​ ​and economic items may apply to the new members.​ ​9.​ ​Savings Clause​​- In the adoption of this policy, the Board declares that​ ​nothing contained in Board Policy is to be construed so as to delegate or limit the​ ​power, duties, discretion, and responsibilities of a board of education as prescribed​ ​by the constitution and laws of the State of Colorado. If any provision of this policy​ ​— or any application of this policy — shall be found contrary to law, such provision​ ​or application shall have effect only to the extent permitted by law.​

​AGREEMENT REFS.:​ ​Boulder Valley Classified Employees’ Association Agreement, July 1, 2024 - June​ ​30, 2028, Articles IV, V​ ​Boulder Valley Education Association Agreement, August 1, 2024 – July 31, 2026,​ ​Sections A, B​ ​Office Professionals of the Boulder Valley School District Agreement, July 1, 2023 –​ ​June 30, 2025, Sections A, B​ ​Paraeducator Association of The Boulder Valley School District Agreement, July 1,​ ​2024 – June 30, 2026, Sections A, B​ ​CROSS REFS.:​ ​HA​, Negotiations Goals (Principles Guiding Negotiating Procedures)​ ​HE​, Board Negotiating Agents (pertains to negotiating teams or outside consultants​ ​representing the negotiating parties)​ ​End of File: HG​