III. The Sleeper Issue: A Collective Bargaining Agreement that Cannot Be Amended Even a Teeny, Tiny Bit
If this weren’t enough, there seems to be another legal issue. This is one that has not attracted much attention, but it seems to me to be a serious problem, at least over the short term.
The school district and Madison Teachers Inc (MTI) have a collective bargaining agreement (CBA) that governs terms and conditions of employment for teachers and other represented staff. The plans for Madison Prep calls for working conditions and terms of employment for the school’s teachers that differ in significant ways from what the CBA calls for. For example, Madison Prep plans to offer an extended school day and school year and plans to structure its pay for teachers in a different way.
In more normal times, it would be theoretically possible for the school district and MTI to enter into a memorandum of understanding (MOU) by which the parties agree to modify the terms of the CBA in some regards in order to accommodate Madison Prep’s plans.