Moscow School District staff warn House Bill 516 could force billing of unions for on-duty time

Moscow School District staff and committee members spent the meeting reviewing House Bill 516 and its likely impact on the district27s negotiated agreement, focusing on when the law would require the district to bill teachers unions for time and district resources used for union activities.

A district official leading the review said the bill27s statement of purpose prohibits districts from using taxpayer funds to promote teacher unions and, in practice, could require districts to invoice unions for pro rata compensation and other costs when union activities occur during duty hours. "We are required in this law to bill the association for that time," the official said, adding the district would also need systems to track and invoice the time and any substitute costs.

Committee members and staff walked line-by-line through definitions in the bill, noting which activities the statute lists as "representational" or "teacher union" activities: recruiting membership, distributing union communications, attending union meetings unrelated to job duties, preparing grievances, representing employees in investigatory interviews, and participating in labor-management committees. The district official said duty time includes prep, student-contact time and passing periods, and that unions would be expected to report representational activity to the district at least twice per year so the district can calculate a pro rata invoice.

The official also summarized enforcement provisions: the bill contemplates civil penalties for violations and sets a graduated fine schedule, with the first violation at $250, a second at $1,500 and a third at $2,500. "There is a civil penalty," the official said. "The first time is $250. The second time you do it is $1,500. A third violation is $2,500." Committee members asked why the penalty language refers to a "person" rather than the district, and the official said investigations could be brought by the attorney general or a county prosecutor and could target individuals in some circumstances.

Several negotiated-agreement provisions were flagged as potentially in conflict with the statute if unchanged, including: language that entitles the association to use district space and equipment, clauses that require the district to provide lists of employees or contact information to the union, association-leave provisions for delegates and officers, and the district27s current practices for committee representation. Staff repeatedly cautioned against leaving contractual language that knowingly violates state law. "It is never going to be my superintendent recommendation to leave something that is knowingly in violation of law in the negotiated agreement," the official said.

The group discussed options to reduce administrative burden and legal exposure: encourage association activities to occur outside duty hours where practicable; limit special entitlements in the contract and treat union meetings like any other reservable group activity; and explore narrowly tailored billing or nominal-fee arrangements for district technology or email use that would be defensible to the attorney general. "If there's a way to compensate for it that is agreeable to all parties, then that can really help us continue to do this good work," a committee member said.

Members also asked for legal clarification of ambiguous statutory terms, especially "administering" negotiated agreements and the precise scope of what counts as district resources subject to reimbursement. The committee agreed to request further guidance from legal counsel and the superintendent's office and to continue the review at its next meeting.

No formal action or vote on changes to the negotiated agreement was taken at the meeting. The committee scheduled its next meeting for May 26, 42D7 p.m., to prioritize salary and benefits language and continue the HB 516 review.

Sources: Moscow School District committee meeting transcript; staff presentation and member discussion.