Public Sector Unionism

							Public Sector Unionism
                Review
• Traditionally government refused to
  bargain with it employees – Sovereignty
  Doctrine
• Development of Private Sector Labor Law
• Development of Public Sector Labor Law
• New York – Condon-Wadlin to Taylor
• Different Impasse Procedures for Various
  public sector groups
                  Today
I.   Private Sector Labor Law – another
     aspect
II. Process by which school employees
     choose union representation in New
     York State
III. What unions organize school district
     employees in New York?
IV. Public sector union elections v. private
     sector elections
 I. Private Sector Labor Law – the
        Unfair Labor Practice
• Developed in 1935 – the Wagner Act
• 1947 – Taft-Hartley Act - extended the
  concept to unions
• What is an unfair labor practice?
• How does the law deal with a proven
  unfair labor practice?
• Extension to Taylor Law – the Improper
  Practice
    Improper Practices - Employer
• Interfere, Restrain or Coerce
• Dominate employee organization
• Discriminate
• Refuse to negotiate in “good faith”
• Refuse to continue conditions when
  agreement has expired
• Use state funds to train managers or
  supervisors to discourage union
  organization
  Improper Practices – Employee
          Organization
• Interfere Restrain or Coerce
• Refuse to Negotiate in “good faith”
• Violate the Duty of Fair Representation

• Petitioner may ask for “injunctive relief”

• Striking employees can be terminated
II. Choosing Union Representation
• Voluntary Recognition
• Elections
• Based on Appropriate Bargaining Unit – Criteria
  for its determination
  – Community of Interest
  – Management at that level can make decisions
  – Compatible with joint obligation to serve the public
• Certification
• Decertification
II. Bargaining Units in Education
• Inevitably involve only one school district
• Generally involve all employees in a
  classification within that district
• Instructional units
• Non-instructional units
            Administrative
• Classroom will be this one except

• Check web site for updated schedule
  III. Educational Unions in NY
• Teachers
• Other groups
  – Administrators
  – Paraprofessionals, custodial, food service
  – Transportation
• Nothing to prevent any union from
  organizing any group (except the union’s
  own constitution)
 IV. Public Sector Union Elections
• Private sector elections
  – Most of the time unions lose
  – Why?
• Public sector elections
  – Most of the time unions win
  – Why?
  – What kinds of rules govern these elections?
• What is the union shop?
• What is the agency shop?
                  V. Case
•   Termination of a teacher’s aide
•   What are the key facts?
•   What are the district’s basic arguments
•   What are the unions’ basic arguments
•   What will be the remedy if the union wins?
•   What would you decide and why?
•   How are discharge cases different from
    other arbitration cases?
                Next Time
• Negotiating Collective Bargaining
  Agreements
• Do the first two of the required readings,
  those two are in the text
  – Hess and Kelly
  – Hill