Teachers and The Law 7 th Chapter 4

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Teachers and The Law 7 th Chapter 4 How Does Collective Bargaining Affect Me?

Teachers and The Law 7 th Chapter 4 How Does Collective Bargaining Affect Me? Fischer, Schimmel, Stellman Power. Point Presentation Gerri Spinella Ed. D. Elizabeth Mc. Donald Ed. D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: • any public performance or display, including transmission of any image over a network; • preparation of any derivative work, including the extraction, in whole or in part, of my images; • any rental, lease, or lending of the program. 1

Chapter 4 How Does Collective Bargaining Affect Me? Essential Question In what ways has

Chapter 4 How Does Collective Bargaining Affect Me? Essential Question In what ways has the collective bargaining unit assisted teachers in your district or state? Copyright © Allyn & Bacon 2007

Key Concepts Chapter 4 –How Does Collective Bargaining Affect Me? 1 -Teachers and the

Key Concepts Chapter 4 –How Does Collective Bargaining Affect Me? 1 -Teachers and the Legal System RIGHT TO ORGANIZE TEACHERS’ RIGHTS CONTRACT NEGOTIATIONS STRIKES Copyright © Allyn & Bacon 2007

KEY TERMS Chapter 4 - pp. 44 -55 AFT NEA Union Shop/Closed Shop (47)

KEY TERMS Chapter 4 - pp. 44 -55 AFT NEA Union Shop/Closed Shop (47) Agency Shop/Fair Share (48) Free Riders (48) Duty of Fair Representation (50) Bad Faith Bargaining (50) Good Faith Bargaining (51) Unfair Labor Practice (51) Fact Finding Process (53) Copyright © Allyn & Bacon 2007

Case Presentation The Norwalk Teachers’ Association Case Copyright © Allyn & Bacon 2007

Case Presentation The Norwalk Teachers’ Association Case Copyright © Allyn & Bacon 2007

RIGHTS TO ORGANIZE • Norwalk Teachers’ Association (1946) – Organize a labor union –

RIGHTS TO ORGANIZE • Norwalk Teachers’ Association (1946) – Organize a labor union – Right to strike – Select representatives to organize and join employee labor organizations – Bargain over wages, hours, and other terms of employment Copyright © Allyn & Bacon 2007

TEACHERS’ RIGHTS • Illinois Labor Relations Board (1984) • 1978 – Congress passed legislation

TEACHERS’ RIGHTS • Illinois Labor Relations Board (1984) • 1978 – Congress passed legislation for collective bargaining rights for federal employees; no federal law regulates teachers • 1968 – Mc. Laughlin v. Tilendis (14 th Amendment – Right of Association) Copyright © Allyn & Bacon 2007

Structure of Collective Bargaining Association State Law Predicates: • Who will represent teachers in

Structure of Collective Bargaining Association State Law Predicates: • Who will represent teachers in negotiations • Unit or group – Includes all teachers – Includes teachers under the same salary schedule – Determines whether supervisory employees are included Copyright © Allyn & Bacon 2007

Joining the Union • Union Shop/Closed Shop – Recognized by some states (ex. California)

Joining the Union • Union Shop/Closed Shop – Recognized by some states (ex. California) • Right of non union – to make public comments (First Amendment) • Fees can be required of non-union members Copyright © Allyn & Bacon 2007

Non-union Members Protection – Abood v. Detroit Board of Education (1964) • Agency- Shop

Non-union Members Protection – Abood v. Detroit Board of Education (1964) • Agency- Shop Clause – constitutional • Not required to support a political party – 1986 U. S. Supreme Ct. – Safeguards to protect nonmembers from political activities – 1991 Lehnert v. Ferris Faculty Associationguidelines to determine dues specifically for collective bargaining activity rather than lobbying – 1993 – Deduction-escrow-refund procedure permissible Copyright © Allyn & Bacon 2007

Union’s Legal Responsibilities • Duty of fair representation • Good faith bargaining (reasonable times

Union’s Legal Responsibilities • Duty of fair representation • Good faith bargaining (reasonable times to meet and to reach an agreement) • 1983 - Access to school mail facilities • Bargains exclusively with the School Board Copyright © Allyn & Bacon 2007

CONTRACT NEGOTIATIONS • • • Draft Contract Proposal Exchange proposals between union/board Designate a

CONTRACT NEGOTIATIONS • • • Draft Contract Proposal Exchange proposals between union/board Designate a spokesperson for each side Discuss issues through the bargaining process Determine issues for bargaining – Directly related to working conditions – Indirectly affects (curriculum content/hiring policies) Copyright © Allyn & Bacon 2007

Limitations of Collective Bargaining • Cannot enter into any contractual negotiations that are in

Limitations of Collective Bargaining • Cannot enter into any contractual negotiations that are in violation of constitutional law • Must abide by existing state and federal laws (certification requirements) • Must recognize the rights that are currently in effect Copyright © Allyn & Bacon 2007

What Happens If Agreement Is Not Reached? • Mediation – Facilitator (neutral third party)

What Happens If Agreement Is Not Reached? • Mediation – Facilitator (neutral third party) works with union and board – Fact-finding process • Fact Finding Process – Arbitration – Recommendations are made public – Impartial arbitrator determines the agreement Copyright © Allyn & Bacon 2007

Collective Bargaining Contract Contents • • • Preamble Recognition Clause Maintenance Clause Grievance Procedure

Collective Bargaining Contract Contents • • • Preamble Recognition Clause Maintenance Clause Grievance Procedure Teachers’ Rights Clause Teacher Organizations’ Rights Clause Representation Clause Management Rights Clause Terms of the Agreement Copyright © Allyn & Bacon 2007

STRIKES • No constitutional right to strike • States-limited right to strike • Illinois

STRIKES • No constitutional right to strike • States-limited right to strike • Illinois – Comprehensive law (IELRA) provides these conditions to strike. • Penalties may be given by states and school boards. Copyright © Allyn & Bacon 2007

Analysis of The Norwalk Teachers’ Association Case Abood v. Detroit Board of Education Copyright

Analysis of The Norwalk Teachers’ Association Case Abood v. Detroit Board of Education Copyright © Allyn & Bacon 2007

Initial Proceedings Complaint Interrogatories Facts of claim by plaintiff seeks Depositions Defendant Answers (30

Initial Proceedings Complaint Interrogatories Facts of claim by plaintiff seeks Depositions Defendant Answers (30 days) or motion to dismiss Document Requests Discovery Begins Settlement Conference Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Copyright © Allyn & Bacon 2007

Chapter 4 How Does Collective Bargaining Affect Me? Reflection Based upon the history of

Chapter 4 How Does Collective Bargaining Affect Me? Reflection Based upon the history of collective bargaining, how do your state and district guarantee the rights of teachers and employers? Copyright © Allyn & Bacon 2007