The Colorado Court of Appeals this week retrieved the clear meaning of the Colorado Constitution from a bizarre district court ruling that threatened to torpedo the rights of local school boards to govern their affairs.
The lower court had issued an injunction forcing the Thompson School District in Loveland to abide by a 2014-15 collective bargaining agreement that had expired.
There is no law or constitutional provision requiring districts to agree to a contract they believe is deficient. In fact, there is no requirement to have a collective bargaining contract at all. They are optional. And most school districts in Colorado do not have one.
The appeals court, in a 2 to 1 ruling, said the Thompson School District “has made a strong showing that a court lacks the power to order a school district to abide by an expired collective bargaining agreement.”
In addition, the court said, “the district has the constitutional responsibility to govern the affairs of the district. The preliminary injunction interferes with the district’s ability to exercise this constitutionally mandated function.”
Exactly. The Thompson teachers union may be displeased — and perhaps with reason — that the board has been unable to reach an agreement with it. But it is the board’s prerogative, under the constitution, to define what contractual terms are acceptable.
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