An arbitrator has ruled in favor of Denver Public Schools in the cost-of-living dispute with the teachers’ union.

At the heart of the dispute was whether the district owed teachers a raise and a cost-of-living adjustment (COLA), which last school year was 5.2%.

COLA is intended to help employees keep up with inflation. Raises are separate from a cost-of-living increase.

Rob Gould, president of the Denver Classroom Teachers Association (DCTA), criticized the ruling, saying it hinged on a “technicality” while district officials praised the decision.

“The ruling on our 5.2% COLA was made on a technicality in contract language — not on whether DPS could afford to pay its educators, despite their many excuses,” said Gould, a special education teacher.

“This fight has always been about the district’s refusal to invest in its educators and ensure they can afford to live in the communities they serve,” said Gould.

“DPS has the money. But instead of paying educators the money we deserve, they’ve chosen to stash it in reserves and hand out raises and bonuses to those furthest from the classroom — all while allocating their time and resources to fighting their own educators on a technicality.”

The union represents roughly 4,200 teachers across the district.

The School Finance Act outlines the annual cost of living adjustment for the state’s educators. This school year, educators should have received a 5.25% increase.

Denver educators received 2.06%.

The union’s contract with Denver Public Schools expires at midnight Aug. 31.

Bill Good, a district spokesperson, said they were pleased with the decision while holding “great respect and admiration for every” union member.

District officials have argued teachers were entitled to a cost-of-living adjustment, a step-and-lane raise increase and a bonus that totals 5.2%. The sticking point appears to be whether Denver educators are due raises and a cost-of-living adjustment, as outlined in the bargaining agreement.

The difference between what teachers received and the full COLA equates to roughly $11.2 million, according to the union’s bargaining unit.

The arbitrator’s decision comes as the union heads into contract negotiations with the district later this month.

The union’s bargaining priorities include manageable class sizes and workloads, competitive pay and benefits and safe schools.

In 2019, teachers hit the picket line — the first strike in more than two decades — over educator pay. That strike lasted three days.

In the union’s 101 years, teachers have held strikes three times: 2019, 1994 and 1996.

The arbitrator’s nonbinding decision will be sent for a vote from the board of education, which will decide whether educators will receive their full COLA.