Public Sector Unionism
• Traditionally government refused to
bargain with it employees – Sovereignty
• 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
I. Private Sector Labor Law – another
II. Process by which school employees
choose union representation in New
III. What unions organize school district
employees in New York?
IV. Public sector union elections v. private
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
Improper Practices - Employer
• Interfere, Restrain or Coerce
• Dominate employee organization
• 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
Improper Practices – Employee
• 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
• 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
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
• Classroom will be this one except
• Check web site for updated schedule
III. Educational Unions in NY
• Other groups
– Paraprofessionals, custodial, food service
• Nothing to prevent any union from
organizing any group (except the union’s
IV. Public Sector Union Elections
• Private sector elections
– Most of the time unions lose
• Public sector elections
– Most of the time unions win
– What kinds of rules govern these elections?
• What is the union shop?
• What is the agency shop?
• 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?
• Negotiating Collective Bargaining
• Do the first two of the required readings,
those two are in the text
– Hess and Kelly