Inching closer to strike, Minnesota's 3 largest school districts turn to mediation

[MUSIC PLAYING] CATHY WURZER: The state's three largest school districts Anoka-Hennepin, Minneapolis, and Saint Paul, along with more than a dozen others have turned to state mediation services for teacher contract negotiations. It's a step that's taken when negotiations between the union and the district are not leading to an agreement, and it's a step that has to be taken by law before calling for a strike. Joining us right now to explain the process as negotiations stall for several school districts is the Commissioner of the State Bureau of Mediation Services, Johnny Villarreal. I'm sorry, Johnny, I'm going to try that again, Villarreal. Thank you for joining us.

JOHNNY VILLARREAL: Hi Cathy. Good to be with you.

CATHY WURZER: Thanks for being here. How many teachers unions or districts have filed for mediation?

JOHNNY VILLARREAL: We currently have 36 petitions from teacher bargaining units so far this year, which is a little higher than the last couple of rounds of bargaining, but it's certainly not unprecedented. We've-- in 2015, for instance, we had 37, so that is our current number and just for context, we average a little over 50 petitions from teachers every bargaining cycle.

CATHY WURZER: Oh OK, so this is as you say not unusual. What are the reasons the union or the district may seek mediation?

JOHNNY VILLARREAL: Sure. A lot of times the parties have been working through the issues and just need some help from staff from the Bureau and that's because our staff are experts and trained in alternative dispute resolution techniques, and our staff also comes from the field of Labor Relations and so they're also experts in the issues that the parties are working on.

CATHY WURZER: What happens during a mediation session? What role does a mediator play?

JOHNNY VILLARREAL: Sure. Every mediation session will start with a joint caucus where the mediator will explain the process and identify the issues that the parties are working on. And then traditionally, the mediator will split the parties up and work to go back and forth to each room and explore options and try and find common ground to reach a mutual agreement.

CATHY WURZER: How long does the process take?

JOHNNY VILLARREAL: Cathy, that could be anywhere from one day to multiple days, it just depends on the particular case, how many issues the parties are working on, it really has a wide range.

CATHY WURZER: And this is a step that is mandated by state law if need be, right?

JOHNNY VILLARREAL: Sure. The Public Employment Labor Relations Act, which was established in 1971 really charges the Bureau with facilitating the mediation process, and for teachers specifically, their contracts by law are two years in duration and they expire on July 1 of the odd numbered year, and Minnesota law provides for continuing contract, which means the terms and conditions of employment will continue until a successor agreement is reached.

CATHY WURZER: Commissioner, what is the success rate of mediation once both parties enter?

JOHNNY VILLARREAL: Well, success is in the eye of the beholder, I'm sure, but we will assist the parties to resolve the cases, and pretty much all of them are resolved at some point. The goal, obviously, is to reach that mutual agreement before a strike were to happen. And if we get an intent to strike notice, we bring the parties together within that 10 day cooling off period and we help the parties resolve the vast majority of those cases prior to the strike taking place.

CATHY WURZER: Because you're dealing with some 36 districts at this point, you might see some more I suppose, how is your staffing? Are you able to handle all of this?

JOHNNY VILLARREAL: We are down on staff, just for perspective. In the 1990s, the Bureau had over 30 full time equivalent positions, we currently have 11, so we are not unlike other public servants out there doing more with less. We will be posting for a mediator position here in the coming year to fill some vacancies that we have.

CATHY WURZER: Commissioner, it's been a pleasure. Thank you so much.

JOHNNY VILLARREAL: Thank you.

CATHY WURZER: We've been talking to Johnny Villarreal, the commissioner of the State Bureau of Mediation Services.