History and Background of Teacher Collective Bargaining EDL

History and Background of Teacher Collective Bargaining EDL 510

Today I. History of Educational Collective Bargaining in the United States II. Laws Governing Educational Collective Bargaining – Background III. Laws Governing Educational Collective Bargaining – New York IV. Case of the Terminated Teachers and Health Insurance

I. History of Educational Collective Bargaining • Public Employees traditionally denied the right to engage in collective bargaining • The Sovereignty Doctrine • Collective Bargaining and “Professionalism” • Breakthrough came in New York City

II. Laws Governing Educational Collective Bargaining - Background • Early History – Unions as Criminal Conspiracies – Use of Injunctions • 1920 s, 1930 s and 1940 s – Railway Labor Act 1926 – Norris-La. Guardia Act 1932 – Wagner Act (NLRA) 1935 – Taft-Hartley Act (LMRA) 1947

II. Legal Background What does contemporary private sector law provide? • Right of employees to choose union representation • Right of employees to engage in collective bargaining for their mutual aid and protection • Right to strike

II. Public Sector Law • Little law at state or local level until Wisconsin in 1959 • Now most states provide bargaining rights for at least some state and local employees, usually including teachers • Wide variety of impasse procedures that vary by state and type of employees

III. New York • Condon-Wadlin Act • Taylor Law (1967) – Right to unionize and engage in bargaining – Series of impasse steps but no right to strike • In response public employees in New York rushed to unionize • Teachers the most unionized group

Administrative • Reading for next time – Farber – Murphy • From now on class will meet in SM 123 at 5: 00 p. m. • Dates we want to change? 4/1, 4/15 others? • Food arrangements

III. Taylor Law Impasse Procedures • Police and Fire Fighters – Mediation – Interest Arbitration • State, County and Municipal Employees – Mediation – Fact Finding – Legislative Determination

III. Taylor Law Impasse Procedures – Public Schools • Mediation • Fact Finding • No terminal procedure

III. Taylor Law and Strikes • • Illegal to strike Illegal even to threaten to strike Not illegal to picket or demonstrate Penalties – “ 2 for 1” – Loss of agency fee – Can lose union certification • Strikes have all but disappeared in the New York public sector

Case of the Terminated Teachers and Health Insurance • • What information would you like to have that is not available to you in the case material? Why would you like that information? Would it be available to you in “real life? ” What is a reply brief? Why do you think it might have been used here? Are there any limitations on its use? What are the important facts in this case? What makes them important? What are the strongest arguments in favor of the Union position? What makes them the strongest? What are the strongest arguments in favor of the District position? What makes them the strongest? How would you decide this case? Why? If you rule for the union, what would be the remedy? Why? If you were the union, would you have brought this case to arbitration? Why or why not?

Next Time • Teacher and Public Sector Unionism