State orders Springfield schools to allow union access to teachers during prep time

Oregon’s Employment Relations Board ruled July 9 that Springfield Public Schools were in the wrong in denying union access to teachers during their preparation time last year.

Springfield’s teachers union, the Springfield Education Association, in May 2025 filed an unfair labor practice complaint with the Oregon Employment Relations Board against the district.

The complaint originated from a difference in the district and union’s interpretation of the law that governs unions’ access to employees during and outside of work hours. 

Peter Swinford, a consultant with the Oregon Education Association, requested to visit the Academy of Arts and Academics during teachers’ prep periods in April 2025. Dustin Reese, Springfield schools director of human resources, told union representatives they could meet with teachers before and after school, during lunch times and breaks, but could not meet with them during prep time because it was during work hours and would be distracting. The district’s exception to this was if the union reps had a specific labor relations matter to discuss. 

Swinford disagreed. He and Jonathan Gault, then-president of the union, wanted to meet with teachers during prep times to reach more people than they could reach during lunch and break times.

During the check-ins with teachers, which lasted five to 10 minutes, they would talk about challenges, successes and contract negotiations. A recently added Oregon law states that union representatives are allowed to meet with employees during work hours “to investigate and discuss grievances, workplace-related complaints and other matters relating to employment relations.”

The law originates from Oregon House Bill 2016, legislation passed in 2019 that expanded union rights.

Administrative law judge Jennifer D. Kaufman issued a recommendation June 11 that the district was in violation of the law by restricting access and must grant access. The Employment Relations Board adopted the recommendation July 9.

“We are hard pressed to conclude that the Association’s goal of having one-on-one conversations with members to ask open-ended questions about their workplace experiences falls outside the scope of “matters relating to employment relations,” the Employment Relations Board wrote in its ruling.

It also noted that if union representatives had to tell district officials what they were planning on discussing with their members, that could deter teachers from sharing grievances.

“I hope that this ruling can be a learning experience for all of us,” stated union President Brandon Ferguson in an email. “When we work in collaboration rather than confrontation, we can create a better working environment for SPS staff, and thereby create a better learning environment for Springfield students.”

The board did not penalize the district with a fine or requirement to post a notice about its violation because it was the first time the board had seen a case of this kind and “there is no evidence that the District acted in bad faith by interpreting the statute in the manner it did, or that the District’s actions were calculated or flagrant.”

Brian Richardson, Springfield schools communication director, said by not allowing union access to teachers during prep time, the district sought to protect uninterrupted work time for teachers to plan lessons, grade papers and communicate with families. 

“The Employment Relations Board ultimately concluded that Oregon law requires broader access than the District understood,” Richardson stated in an email. “The District respects the Board’s decision and will ensure its practices are consistent with the Board’s interpretation going forward.”