CB in PoliticsToday CollectiveBargaining &Teachers’ Unions aretargeted as a drainon state funds aswell as a drain oninnovation inschools. Somelegislators wouldchoose to eliminatepublic sectorbargaining rights.
Stand for Children or STAND http://stand.org/illinois/action/ chicago/collective-bargaining-101 League of Education Voters http://www.educationvoters.org Partnership for Learning www.partnership4learning.org
Where do you stand?Are you active in your local union?Do you respect local union leaders?Do you view it as a valuable service?From what sources and information were your current perceptions of unions formed?Where will you stand as a principal?What will be your relationship with union reps?What is a principal’s role in bargaining?
Origins of Collective Bargaining The term "collective bargaining" was first used in 1891 by economic theorist Sidney Webb. However, collective negotiations had existed since the rise of trade unions during the 18th century. Before the 1930s, collective bargaining had no legal protection. After FDR’s election in 1932, a series of federal laws were enacted limiting the power of federal courts to issue injunctions against unions, authorizing the formation of unions, and imposing on employers the legal duty to bargain collectively. Public sector bargaining evolved more slowly but began to gain recognition when Wisconsin passed laws permitting it in 1949. In 1962, President Kennedy issued an executive order giving federal employees some limited rights to bargain collectively.
Pre-CB Negotiations in WA State 1915: All teachers must have at least a four-year high school degree as a result of union-backed legislation. College requirements for different levels of teaching also increase. 1923: First statewide retirement act approved by Legislature after years of union pressure. 1959: Union helps pass SHB 135, which guarantees educators 10 days sick leave per year. 1963: Legislature allows districts to participate in health insurance benefits. Before 1965 no school employees in Washington had the benefits of a collective bargaining contract. A few specific rights for teachers were outlined in state law. Individual contracts contained only an annual salary figure, the length of contract in days and teaching assignments.
WA State Collective Bargaining History 1965: Passage of Washingtons Professional Negotiations Act, a one-page law requiring school boards to confer and negotiate with elected employee groups prior to final adoption of key policies. School boards resist the change as an infringement on their authority. 1967: Legislature approves a collective bargaining law for classified school employees. First real collective bargaining contract negotiated under the old Professional Negotiations Act was won in Tacoma in 1968. The Seattle Teachers Association followed in 1969. By the early 1970s the number of comprehensive contracts began to increase, but as they increased, boards in other districts drew a line in the dust and declared they would never sign contracts with teachers.
WA State CB History continued As school boards stiffened their resistance to "teacher encroachment," teachers became more determined and finally resorted to strikes. The first K-12 teacher strike in WA occurred in Aberdeen in 1972. Some 200 teachers there voted to go on strike protesting unresolved issues such as class size, use of teacher aides, salary, planning time and medical insurance. Educational Employment Relations Act took effect in 1976. Also created was the Public Employment Relations Commission (PERC), which was given authority to administer all of WA public employee bargaining acts.
Collective Bargaining in WA Today About 74 percent of the WA state’s 64,000 generalgovernment employees are represented by unions.Collective bargaining by common school employersand employees are governed by the following statutes:• Chapter 41.56 RCW, Public Employees Collective Bargaining• Chapter 41.58 RCW, Public Employment Labor Relations• Chapter 41.59 RCW, Educational Employment Relations Act
Definition of Collective Bargaining in WA State Law (RCW 41.56.030)"Collective bargaining" means the performance ofthe mutual obligations of the public employer and theexclusive bargaining representative to meet at reasonabletimes, to confer and negotiate in good faith, and to executea written agreement with respect to grievance proceduresand collective negotiations on personnel matters, includingwages, hours and working conditions, which may bepeculiar to an appropriate bargaining unit of such publicemployer, except that by such obligation neither party shallbe compelled to agree to a proposal or be required to makea concession unless otherwise provided in this chapter.”
Employee Right to Organize in WA State Law (RCW 41.56.040)41.56.040 “Right of employees to organize anddesignate representatives withoutinterference. No public employer, or otherperson, shall directly or indirectly, interferewith, restrain, coerce, or discriminate against anypublic employee or group of public employees inthe free exercise of their right to organize anddesignate representatives of their own choosing forthe purpose of collective bargaining, or in the freeexercise of any other right under this chapter.”
Disagreement on Rep. or Unit in WA State Law (RCW 41.56.050)41.56.050 “Disagreement in selection of bargainingrepresentative—Disagreement as to merger ofbargaining units—Intervention by commission. (1) Inthe event that a public employer and public employees are indisagreement as to the selection of a bargainingrepresentative, the commissionshall be invited to intervene as is provided in RCW41.56.060 through 41.56.090.(2) In the event that a public employer and a bargainingrepresentative are in disagreement as to the merger of twoor more bargaining units in the employer’s workforce thatare represented by the same bargaining representative, thecommission shall be invited to intervene as is provided inRCW 41.56.060 through 41.56.090.”
41.56.120 Right to strike notgranted. Nothing contained in thischapter shall permit or grantany public employee the rightto strike or refuse to performhis official duties.
Where do administrators gofor help with Collective Bargaining?Ask your district if they have anERNN Membership. ERNN is theEmployee Relations & Negotia-tions Network, a non-profitaffiliate of WASA & AWSP, created25 years ago to help and educatedistrict administrators in collectivebargaining and arbitration/employee relations issues. www.ernn.com