William Allan Kritsonis, PhD

COLLECTIVE COLLECTIVE BARGIANINGBARGIANINGDEFININTIONDEFININTION

Collective bargaining is Collective bargaining is defined as the negotiation defined as the negotiation between an employer and a between an employer and a union to determine the union to determine the wages, hours and other terms wages, hours and other terms of employment for a group of of employment for a group of employees with common employees with common duties and interests and duties and interests and similar pay. The collective 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 BARGAINING COLLECTIVE BARGAINING IN EDUCATIONIN EDUCATION

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

TEACHER UNIONS/COLLECTIVE TEACHER UNIONS/COLLECTIVE

BARGAININGBARGAINING

BackgroundBackground in 1935 Congress passed the National in 1935 Congress passed the National Labor Relation Act (Wagner Act) which guarantees Labor Relation Act (Wagner Act) which guarantees the right of private employees to form and join the right of private employees to form and join unions to bargain collectively.unions to bargain collectively.A wide range of provisions may be negotiated in A wide range of provisions may be negotiated in collective bargaining between teachers’ unions and collective bargaining between teachers’ unions and school districts.school districts.The following are some of the matters that are often The following are some of the matters that are often the subject of bargaining: academic freedom, the subject of bargaining: academic freedom, curriculum, wages and salaries, training, hours, curriculum, wages and salaries, training, hours, workload, and teaching responsibilities, tenure, and workload, and teaching responsibilities, tenure, and probationary period, promotion, reappointment probationary period, promotion, reappointment personnel files etc.personnel files etc.

Constitutional Considerations: Constitutional Considerations: the First Amendment the First Amendment of the Bill Of Rights provides: “Congress shall make of the Bill Of Rights provides: “Congress shall make no law prohibiting…the right of people peaceably to no law prohibiting…the right of people peaceably to assemble.” This right, as applied to the states assemble.” This right, as applied to the states through the Fourteenth Amendment of the through the Fourteenth Amendment of the Constitution, has been interpreted to give teachers Constitution, has been interpreted to give teachers and other employees the right to free association, and other employees the right to free association, including the right to join a union, such as the including the right to join a union, such as the National Education Association or the American National Education Association or the American Federation of Teachers.Federation of Teachers.

STATE AND LOCAL PROVISIONS STATE AND LOCAL PROVISIONS GOVERNING COLLECTIVE GOVERNING COLLECTIVE

BARGAININGBARGAINING

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

Forming and Joining A Union Forming and Joining A Union To Bargain CollectivelyTo Bargain Collectively

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

BARGAINING UNITSBARGAINING UNITS

Teachers seeking to join for collective bargaining Teachers seeking to join for collective bargaining must define an appropriate bargaining unit. Under must define an appropriate bargaining unit. Under most labor relations statues, only those individuals most labor relations statues, only those individuals who share a “community of interests” may who share a “community of interests” may compromise an appropriate bargaining unit. compromise an appropriate bargaining unit. Community of interests generally means that the Community of interests generally means that the teachers have substantial mutual interests, including teachers have substantial mutual interests, including the following:the following:Wages or compensationWages or compensationHours of WorkHours of WorkEmployment benefitsEmployment benefitsSupervisionSupervisionQualifications Training and skillsQualifications Training and skillsJob functionsJob functionsContract with other employeesContract with other employeesIntegration of work functions with other employeesIntegration of work functions with other employeesHistory of collective bargainingHistory of collective bargaining

ILLINOIS EDUCATIONAL ILLINOIS EDUCATIONAL LABOR ACTLABOR ACT

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

ILLINOIS SCHOOL DISTRICT ILLINOIS SCHOOL DISTRICT BUDGET PROCESSBUDGET PROCESS

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

COLLECTIVE COLLECTIVE BARGAINING BARGAINING TIGHTROPETIGHTROPE

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

ILLINOIS PROVISIONS ILLINOIS PROVISIONS GOVERNING COLLECTIVE GOVERNING COLLECTIVE

BARGAININGBARGAINING

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