COLLECTIVE BARGAINING

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COLLECTIVE BARGAINING Powered By Docstoc
					William Allan Kritsonis, PhD
 COLLECTIVE BARGIANING
      DEFININTION

Collective bargaining is defined
as the negotiation between an
employer and a union to
determine the wages, hours and
other terms of employment for a
group of employees with
common duties and interests
and similar pay. The collective
bargaining agreement will be
active for a set period of time.
 COLLECTIVE BARGAINING
     IN EDUCATION
The  major purpose of
collective bargaining in
education is to develop and
nurture those educational
leadership skills which are
germane to the
understanding and
application of collective
bargaining law.
 The major thrusts are to
provide the students with a
conceptual base from which
they can exert educational
leadership, develop those
technical skills necessary to
function effectively, and
identify and foster human
skills associated with
successful contract
development and
management.
TEACHER UNIONS/COLLECTIVE
       BARGAINING

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

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


The National Labor Relations Act governs
labor relations in private schools, subject
to some limitations. A teachers’ union of a
private schools should determine whether
the NRLA applies to its school. State labor
statues generally govern labor relations
between public school districts and
teachers’ unions. Collective bargaining
statues differ considerably from state to
state, with some states providing much
more guidance and specific rules than
others.
Forming and Joining A Union To
     Bargain Collectively
          Laws governing the representation
          process are often quite complex.
          This process prefaces the collective
          bargaining process and involves
          numerous considerations, including
          types of employees that will
          constitute a “bargaining unit,” as
          well as the selection of an
          appropriate union to represent
          teachers. In the public school
          sector, state law affects both of
          these determinations. Some states
          exclude certain employees from a
          bargaining unit, including
          supervisors and individuals in
          management positions.
      BARGAINING UNITS
Teachers seeking to join for collective bargaining must
define an appropriate bargaining unit. Under most labor
relations statues, only those individuals who share a
“community of interests” may compromise an appropriate
bargaining unit. Community of interests generally means
that the teachers have substantial mutual interests,
including the following:
Wages or compensation
Hours of Work
Employment benefits
Supervision
Qualifications Training and skills
Job functions
Contract with other employees
Integration of work functions with other employees
History of collective bargaining
ILLINOIS EDUCATIONAL
      LABOR ACT

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

Collective bargaining is one of the most
complex areas of school administration.
Successful experiences in this endeavor
involve the ability to timely orchestrate
a myriad of special skills and
knowledge. School law, labor law,
personal administration, human
relations, labor relations, school
finance, community pressures,
communication skills, and common
sense is included in this myriad. Access
to timely and accurate information is
also vital to successfully completing
negotiations. They also publish a
annual IASA publication to assist in the
collection of key salary and general
contract data that can be used in
collective bargaining planning and
decision making.
      COLLECTIVE
 BARGAINING TIGHTROPE
The collective bargaining process between a
board of education and a teachers’ union can
have wide-ranging effects, not only for board
members and teachers but also for the
community. The superintendent, often
caught in the middle, must put politics aside
and focus on doing what’s right for the
students.
  ILLINOIS PROVISIONS
 GOVERNING COLLECTIVE
      BARGAINING

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

				
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posted:5/25/2013
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Description: Public School Law - Dr. Kritsonis