Teachers and The Law 7 th Chapter 4 How Does Collective Bargaining Affect Me ? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald 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.
Copyright © Allyn & Bacon 2007 In what ways has the collective bargaining unit assisted teachers in your district or state? Chapter 4 How Does Collective Bargaining Affect Me? Essential Question
Copyright © Allyn & Bacon 2007 Key Concepts Chapter 1-Teachers and the Legal System RIGHTTO ORGANIZE ORGANIZE TEACHERS’ RIGHTS Key Concepts Chapter 4 –How Does Collective Bargaining Affect Me? CONTRACTNEGOTIATIONS STRIKES
Copyright © Allyn & Bacon 2007 KEY TERMS Chapter 4 - pp AFTNEA 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 The Norwalk Teachers’ Association Case
Copyright © Allyn & Bacon 2007 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 RIGHTSTO ORGANIZE ORGANIZE
Copyright © Allyn & Bacon 2007 Illinois Labor Relations Board (1984) 1978 – Congress passed legislation for collective bargaining rights for federal employees; no federal law regulates teachers 1968 – McLaughlin v. Tilendis (14 th Amendment – Right of Association) TEACHERS’ RIGHTS
Copyright © Allyn & Bacon 2007 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) 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 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 Association- guidelines 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 to meet and to reach an agreement) Access to school mail facilities Bargains exclusively with the School Board
Copyright © Allyn & Bacon 2007 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) CONTRACT NEGOTIATIONS
Copyright © Allyn & Bacon 2007 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) 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 Teachers’ Rights Clause Teacher Organizations’ Rights Clause Representation Clause Management Rights Clause Terms of the Agreement
Copyright © Allyn & Bacon 2007 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. STRIKES
Copyright © Allyn & Bacon 2007 Analysis of The Norwalk Teachers’ Association Case Abood v. Detroit Board of Education Analysis of The Norwalk Teachers’ Association Case Abood v. Detroit Board of Education
Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference
Copyright © Allyn & Bacon 2007 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?