william allan kritsonis, phd - collective bargaining ppt

8/20/2019 William Allan Kritsonis, PhD - Collective Bargaining PPT.

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Public School Law

Collective Bargaining in EducationLecture Notes

William Allan Kritsonis



COLLECTIVE BARGIANINGCOLLECTIVE BARGIANINGDEFININTIONDEFININTION

Collective bargaining is definedCollective bargaining is definedas the negotiation between anas the negotiation between an

employer and a union toemployer and a union todetermine the wages, hours anddetermine the wages, hours andother terms of employment for aother terms of employment for agroup of employees withgroup of employees withcommon duties and interestscommon duties and interestsand similar pay. The collectiveand similar pay. The collective bargaining agreement will be bargaining agreement will be

active for a set period of time.active for a set period of time.



COLLECTIVE BARGAININGCOLLECTIVE BARGAININGIN EDUCATIONIN EDUCATION

The major purpose of The major purpose ofcollective bargaining incollective bargaining ineducation is to develop andeducation is to develop andnurture those educationalnurture those educationalleadership skills which areleadership skills which aregermane to thegermane to theunderstanding andunderstanding andapplication of collectiveapplication of collective bargaining law. bargaining law. The major thrusts are to The major thrusts are toprovide the students with aprovide the students with aconceptual base from whichconceptual base from which

they can exert educationalthey can exert educationalleadership, develop thoseleadership, develop thosetechnical skills necessary totechnical skills necessary tofunction effectively, andfunction effectively, andidentify and foster humanidentify and foster humanskills associated withskills associated with

successful contractsuccessful contractdevelopment anddevelopment andmanaement.manaement.



TEACHER UNIONS/COLLECTIVE TEACHER UNIONS/COLLECTIVE

BARGAININGBARGAINING

BackgroundBack

ground in 1935 Congress passed the National Laborin 1935 Congress passed the National LaborRelation Act (Wagner Act) which guarantees the right ofRelation Act (Wagner Act) which guarantees the right ofprivate employees to form and join unions to bargainprivate employees to form and join unions to bargaincollectively.collectively. A wide range of provisions may be negotiated in A wide range of provisions may be negotiated incollective bargaining between teachers’ unions and schoolcollective bargaining between teachers’ unions and schooldistricts.districts. The following are some of the matters that are often the The following are some of the matters that are often thesubject of bargaining: academic freedom, curriculum,subject of bargaining: academic freedom, curriculum,

wages and salaries, training, hours, workload, and wages and salaries, training, hours, workload, andteaching responsibilities, tenure, and probationary period,teaching responsibilities, tenure, and probationary period,promotion, reappointment personnel files etc.promotion, reappointment personnel files etc.

Constitutional Considerations:Constitutional Considerations:the First Amendment ofthe First Amendment ofthe Bill Of Rights provides: “Congress shall make no lawthe Bill Of Rights provides: “Congress shall make no lawprohibiting…the right of people peaceably to assemble.”prohibiting…the right of people peaceably to assemble.”

This right, as applied to the states through the Fourteenth This right, as applied to the states through the Fourteenth Amendment of the Constitution, has been interpreted to Amendment of the Constitution, has been interpreted togive teachers and other employees the right to freegive teachers and other employees the right to freeassociation, including the right to join a union, such asassociation, including the right to join a union, such as

the National Education Association or the Americanthe National Education Association or the AmericanFederation of Teachers.Federation of Teachers.



STATE AND LOCAL PROVISIONSSTATE AND LOCAL PROVISIONSGOVERNING COLLECTIVEGOVERNING COLLECTIVE


The National Labor Relations Act governs The National Labor Relations Act governslabor relations in private schools, subjectlabor relations in private schools, subject

to some limitations. A teachers’ union of ato some limitations. A teachers’ union of aprivate schools should determine whetherprivate schools should determine whetherthe NRLA applies to its school. State laborthe NRLA applies to its school. State laborstatues generally govern labor relationsstatues generally govern labor relations between public school districts and between public school districts andteachers’ unions. Collective bargainingteachers’ unions. Collective bargainingstatues differ considerably from state tostatues differ considerably from state to

state, with some states providing muchstate, with some states providing muchmore guidance and specific rules thanmore guidance and specific rules thanothers.others.



Forming and Joining A Union ToForming and Joining A Union To

Bargain CollectivelyBargain CollectivelyLaws governing the representationLaws governing the representationprocess are often quite complex.process are often quite complex. This process prefaces the collective This process prefaces the collective bargaining process and involves bargaining process and involves

numerous considerations, includingnumerous considerations, includingtypes of employees that willtypes of employees that willconstitute a “bargaining unit,” asconstitute a “bargaining unit,” as well as the selection of an well as the selection of anappropriate union to representappropriate union to representteachers. In the public schoolteachers. In the public schoolsector, state law affects both ofsector, state law affects both ofthese determinations. Some statesthese determinations. Some statesexclude certain employees from aexclude certain employees from a bargaining unit, including bargaining unit, includingsupervisors and individuals insupervisors and individuals inmanagement positions.management positions.



BARGAINING UNITSBARGAINING UNITS

Teachers seeking to join for collective bargaining must Teachers seeking to join for collective bargaining mustdefine an appropriate bargaining unit. Under most labordefine an appropriate bargaining unit. Under most laborrelations statues, only those individuals who share arelations statues, only those individuals who share a“community of interests” may compromise an appropriate“community of interests” may compromise an appropriate

bargaining unit. Community of interests generally means bargaining unit. Community of interests generally meansthat the teachers have substantial mutual interests,that the teachers have substantial mutual interests,including the following:including the following: Wages or compensation Wages or compensationHours of WorkHours of WorkEmployment benefitsEmployment benefitsSupervisionSupervisionQualifications Training and skillsQualifications Training and skills Job functions Job functionsContract with other employeesContract with other employeesIntegration of work functions with other employeesIntegration of work functions with other employees

History of collective bargainingHistory of collective bargaining



ILLINOIS EDUCATIONALILLINOIS EDUCATIONAL

LABOR ACTLABOR ACT

The Illinois Educational Labor Act is The Illinois Educational Labor Act is

an act to establish the right ofan act to establish the right ofeducational employees to organize andeducational employees to organize and

bargain collectively to define and bargain collectively to define andresolve unfair practice disputes and toresolve unfair practice disputes and toestablish the Illinois Educationalestablish the Illinois Educational

Labor Relations Board to administerLabor Relations Board to administerthe Act.the Act.



ILLINOIS SCHOOL DISTRICTILLINOIS SCHOOL DISTRICTBUDGET PROCESSBUDGET PROCESS

Collective bargaining is one of the mostCollective bargaining is one of the mostcomplex areas of school administration.complex areas of school administration.Successful experiences in thisSuccessful experiences in thisendeavor involve the ability to timelyendeavor involve the ability to timely

orchestrate a myriad of special skillsorchestrate a myriad of special skillsand knowledge. School law, labor law,and knowledge. School law, labor law,personal administration, humanpersonal administration, humanrelations, labor relations, schoolrelations, labor relations, schoolfinance, community pressures,finance, community pressures,communication skills, and commoncommunication skills, and commonsense is included in this myriad.sense is included in this myriad. Access to timely and accurate Access to timely and accurateinformation is also vital to successfullyinformation is also vital to successfullycompleting negotiations. They alsocompleting negotiations. They alsopublish a annual IASA publication topublish a annual IASA publication toassist in the collection of key salaryassist in the collection of key salaryand general contract data that can beand general contract data that can be

used in collective bargaining planningused in collective bargaining planningand decision making.and decision making.



COLLECTIVECOLLECTIVE

BARGAINING TIGHTROPEBARGAINING TIGHTROPE The collective bargaining process between a The collective bargaining process between a board of education and a teachers’ union can board of education and a teachers’ union canhave wide-ranging effects, not only for boardhave wide-ranging effects, not only for board

members and teachers but also for themembers and teachers but also for thecommunity. The superintendent, oftencommunity. The superintendent, oftencaught in the middle, must put politicscaught in the middle, must put politicsaside and focus on doing what’s right for theaside and focus on doing what’s right for thestudents.students.



ILLINOIS PROVISIONSILLINOIS PROVISIONSGOVERNING COLLECTIVEGOVERNING COLLECTIVE


Illinois:Illinois: Educational employees at allEducational employees at alllevels permitted to bargain under thelevels permitted to bargain under the

Illinois Educational Labor RelationsIllinois Educational Labor Relations Act. However, several types of Act. However, several types ofemployees, including supervisors,employees, including supervisors,managers, confidential employees,managers, confidential employees,short-term employees, and students,short-term employees, and students,are excluded from bargaining by statue.are excluded from bargaining by statue.Impasse procedures include mediationImpasse procedures include mediationand fact-finding. Arbitration isand fact-finding. Arbitration ispermitted. Strikes are permitted afterpermitted. Strikes are permitted afterseveral conditions set forth in theseveral conditions set forth in thestatue are met.statue are met.

william allan kritsonis, phd - collective bargaining ppt

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