Durham Public School employees held a rally Tuesday night to once again call for a formal policy to meet regularly with school administrators.
After the rally, Superintendent Anthony Lewis took up an invitation by the Durham Association of Educators (DAE) to meet their representatives in public to discuss their proposed policy. Lewis made an appearance and gave a speech, but did not make any concessions.
Why “meet-and-confer” matters to NC educators who can’t bargain contracts
DAE has been advocating for more than a year for a “meet-and-confer” policy at protests, school board meetings, and in closed sessions with administrators. Meet-and-confer is an established practice in settings where unions do not have legal protections to collectively bargain.
Since North Carolina law bars public sector workers from negotiating contracts, educators say this policy is the closest they can come to having a “seat at the table” with their employer.
Related story: In 1959, NC banned public workers from bargaining contracts — what it means for teachers today
The Asheville City Schools’ Association of Educators just last week claimed a historic win in its fight for a similar agreement with its district. DAE says its proposed policy would be even stronger because it would be written into its school board’s long-term policy manual and not depend on any single superintendent’s cooperation.
DAE, which calls itself a union, counts more than half of Durham Public Schools’ employees as members. The association has rapidly gained membership in the past year, spurred by employee frustrations over a pay debacle in early 2024, plus continued concerns about the district’s ability to staff school buses and offer a salary boost to all employees with a relevant master’s degree.
DAE and Superintendent Lewis still in a deadlock over policy
The main sticking point between the DAE and Lewis is that the superintendent wants to include other DPS employees that he invites into the meet-and-confer process, regardless if those employees are affiliated with DAE.
According to DPS spokeswoman Crystal Roberts, Lewis proposes inviting:
- Five district-level administrators
- Three principals from the elementary, middle and high school level
- Five other managers that the superintendent would pick based on the topic of the meeting
When Durham Public Schools closed schools several days in 2024 due to staff “sickouts” only a few days were formally called by DAE. Other school closures were due to a smaller group of transportation managers not showing up to work, which effectively halted busing for students and forced administrators to call off school.
“Our goal, which differs from DAE, is to adopt a policy that serves the entire Durham Public Schools employee community in the most inclusive, efficient, and effective way possible so that we can, in turn, serve our students,” Lewis told DAE members Tuesday in a prepared speech.
DAE wants exclusive meetings between their 13 elected members and district administrators, with a public comment period to allow employees who are not members to voice their opinions.
DAE leaders have called Lewis’s consistent proposal to bring non-DAE members into the meet-and-confer policy a common “union-busting” tactic, and have accused him of using it to pit employees against each other.
“It is not anti-union or union busting, but rather pro-worker in the broader sense, ensuring all worker voices are heard and respected,” Lewis said in his speech.
Lewis also raised concerns that the district could be penalized by state lawmakers for having meetings with DAE.
“Eyes are on Durham and we don’t want to do anything that could potentially jeopardize our funding,” Lewis said. “So the reality is this: negotiation with unions are illegal in North Carolina.”
The statement was met with boos from the crowd of hundred of DAE members. DAE’s attorney insists a meet-and-confer policy would be legal in North Carolina.
Lewis concluded by saying he would respond to DAE this week with proposed dates to meet again.
School board members voice their support for DAE’s proposal
Yesterday, three school board members — Jessica Carda Auten, Emily Chávez, and Joy Harrell Goff — publicly gave their support for DAE’s proposed policy.
The decision to establish a meet-and-confer policy ultimately lies with the school board and not the superintendent. A majority vote by the school board could pass the policy, but that would require one more vote.
“One more vote! One more vote!” educators chanted at the conclusion of their rally.
The issue is not currently on the school board’s upcoming agenda for Thursday, although board members could choose to add it to the agenda at the beginning of the meeting.
