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Title: William Kritsonis, School Law, Ch 5 Personnel Issues


1
William Allan Kritsonis, PhD
2
COLLECTIVE BARGIANINGDEFININTION
  • Collective bargaining is defined as the
    negotiation between an employer and a union to
    determine the wages, hours and other terms of
    employment for a group of employees with common
    duties and interests and similar pay. The
    collective bargaining agreement will be active
    for a set period of time.

3
COLLECTIVE BARGAINING IN EDUCATION
  • The major purpose of collective bargaining in
    education is to develop and nurture those
    educational leadership skills which are germane
    to the understanding and application of
    collective bargaining law.
  • The major thrusts are to provide the students
    with a conceptual base from which they can exert
    educational leadership, develop those technical
    skills necessary to function effectively, and
    identify and foster human skills associated with
    successful contract development and management.

4
TEACHER UNIONS/COLLECTIVE BARGAINING
  • Background in 1935 Congress passed the National
    Labor Relation Act (Wagner Act) which guarantees
    the right of private employees to form and join
    unions to bargain collectively.
  • A wide range of provisions may be negotiated in
    collective bargaining between teachers unions
    and school districts.
  • The following are some of the matters that are
    often the subject of bargaining academic
    freedom, curriculum, wages and salaries,
    training, hours, workload, and teaching
    responsibilities, tenure, and probationary
    period, promotion, reappointment personnel files
    etc.
  • Constitutional Considerations the First
    Amendment of the Bill Of Rights provides
    Congress shall make no law prohibitingthe right
    of people peaceably to assemble. This right, as
    applied to the states through the Fourteenth
    Amendment of the Constitution, has been
    interpreted to give teachers and other employees
    the right to free association, including the
    right to join a union, such as the National
    Education Association or the American Federation
    of Teachers.

5
STATE AND LOCAL PROVISIONS GOVERNING COLLECTIVE
BARGAINING
  • The National Labor Relations Act governs labor
    relations in private schools, subject to some
    limitations. A teachers union of a private
    schools should determine whether the NRLA applies
    to its school. State labor statues generally
    govern labor relations between public school
    districts and teachers unions. Collective
    bargaining statues differ considerably from state
    to state, with some states providing much more
    guidance and specific rules than others.

6
Forming and Joining A Union To Bargain
Collectively
  • Laws governing the representation process are
    often quite complex. This process prefaces the
    collective bargaining process and involves
    numerous considerations, including types of
    employees that will constitute a bargaining
    unit, as well as the selection of an appropriate
    union to represent teachers. In the public
    school sector, state law affects both of these
    determinations. Some states exclude certain
    employees from a bargaining unit, including
    supervisors and individuals in management
    positions.

7
BARGAINING UNITS
  • Teachers seeking to join for collective
    bargaining must define an appropriate bargaining
    unit. Under most labor relations statues, only
    those individuals who share a community of
    interests may compromise an appropriate
    bargaining unit. Community of interests
    generally means that the teachers have
    substantial mutual interests, including the
    following
  • Wages or compensation
  • Hours of Work
  • Employment benefits
  • Supervision
  • Qualifications Training and skills
  • Job functions
  • Contract with other employees
  • Integration of work functions with other
    employees
  • History of collective bargaining

8
ILLINOIS EDUCATIONAL LABOR ACT
  • The Illinois Educational Labor Act is an act to
    establish the right of educational employees to
    organize and bargain collectively to define and
    resolve unfair practice disputes and to establish
    the Illinois Educational Labor Relations Board to
    administer the Act.

9
ILLINOIS SCHOOL DISTRICT BUDGET PROCESS
  • Collective bargaining is one of the most complex
    areas of school administration. Successful
    experiences in this endeavor involve the ability
    to timely orchestrate a myriad of special skills
    and knowledge. School law, labor law, personal
    administration, human relations, labor relations,
    school finance, community pressures,
    communication skills, and common sense is
    included in this myriad. Access to timely and
    accurate information is also vital to
    successfully completing negotiations. They also
    publish a annual IASA publication to assist in
    the collection of key salary and general contract
    data that can be used in collective bargaining
    planning and decision making.

10
COLLECTIVE BARGAINING TIGHTROPE
  • The collective bargaining process between a board
    of education and a teachers union can have
    wide-ranging effects, not only for board members
    and teachers but also for the community. The
    superintendent, often caught in the middle, must
    put politics aside and focus on doing whats
    right for the students.

11
ILLINOIS PROVISIONS GOVERNING COLLECTIVE
BARGAINING
  • Illinois Educational employees at all levels
    permitted to bargain under the Illinois
    Educational Labor Relations Act. However,
    several types of employees, including
    supervisors, managers, confidential employees,
    short-term employees, and students, are excluded
    from bargaining by statue. Impasse procedures
    include mediation and fact-finding. Arbitration
    is permitted. Strikes are permitted after
    several conditions set forth in the statue are
    met.
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