You need to think like an administrator. You are being prepared to be an administrator.
Information provided by this instructor is based on research, study and experience.
References are made to the instructor’s practical experience and may not be applicable in other school districts.
Cell phones should be silenced or on vibrate and you can use smartphone technology to help you with concepts for this class
When writing papers make sure you spend 1/3 of the paper describing how you would use this information as an administrator.
Course Requirements Assignment Points Possible Class Attendance and Participation 75 Simulated Bargaining Paper 50 Exam I 100 Journal Article 50 Exam II 100 Journal Presentation 25 Interview Assignment 50 Total 450
Illinois district proposes allowing public to view teacher contract negotiations.
Illinois' Northwest Herald (1/31/08, Musick) reports that in Illinois, "District 158 could become the first school district in the region and perhaps in the state to allow the public to watch teachers' contract negotiations, if teachers agree to an open-meeting policy endorsed by board members." On Wednesday, Board President Shawn Green said that "board members, teachers and residents all would benefit from public negotiations." While representatives from the board and teachers union "could retreat to private rooms to discuss contract details among themselves," the "heart of negotiations would take place in public." According to Jim Russell of the Illinois Association of School Boards, "such a plan could work, but not without challenges." Russell noted, "Collective bargaining is a really sensitive issue. You're not just talking about wages. You're also talking about hours and terms and working conditions." Meanwhile, Gail Purkey, spokeswoman for the Illinois Federation of Teachers, "said open meetings could slow negotiations."
Refusal to confer and negotiate has been one of the most prolific causes of strife. This is such an outstanding fact in the history of labor disturbances that it is a proper subject of judicial notice. Charles Evans Hughes
In 1983 the Illinois General Assembly sent a public education collective bargaining Bill to then Gov. Jim Thompson, who signed the Bill into law effective January 1, 1984. The Illinois Education Labor Relations Act requires public educational institutions, under specified conditions, to bargain collectively with employees regarding salary and terms & conditions of employment.
Prior to the passage of the IELRA several Illinois school boards bargained with its employees, as it was not against the law to do so, though strikes were. Many more school boards participated in a “meet and confer” process, and still others simply set salaries and established terms and conditions of employment unilaterally.
Prior to the IELRA unresolved disagreements between school boards and employees were resolved in the courts. With the passage of the IELRA, the Illinois Labor Relations Board was established. The IELRA’s function is to oversee the administration of the IELRA and review labor disputes thus defraying numerous disagreements otherwise referred to the courts.
Unions cause A Better Bargain by Frederick Hess
Any individual having authority in the interests of the employer to hire, transfer, suspend, layoff, recall, promote, discharge, reward or discipline other employees within the appropriate bargaining unit and adjust their grievances, or to effectively recommend such action . . .
Organize, form, join, or assist in employee organizations or engage in lawful concerted activities
Other activities such as mutual aid and protection or bargain collectively through representatives of their own free choice . . . or refrain from any or all such activities
Note: Secondary picketing is not a bargaining right
ILCS 5/4 EMPLOYER REQUIREMENTS Must bargain with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by employee representatives
ILCS 5/7 RECOGNITION OF EXCLUSIVE BARGAINING REPRESENTATIVES
Appropriateness of a unit, the IELRB shall decide in each case, in order to ensure employees the fullest freedom in exercising the rights guaranteed by this Act
Historical pattern of recognition, community of interests, including employee skills and functions, degree of functional common supervision, wages, hours and other working conditions
ILCS 5/7 RECOGNITION OF EXCLUSIVE BARGAINING REPRESENTATIVE
Employer shall voluntarily * recognize . . . if that organization appears to represent a majority of employees in the unit
Post notice for 20 school days
Send notification to the IELRB
Any dispute regarding majority status of a labor organization shall be resolved by the IELRB
* If the union has a majority of the proposed bargaining unit members sign dues deduction authorization cards, the school board is required to voluntarily recognize the union as the exclusive bargaining agent – no election required
ILCS 5/7 RECOGNITION OF EXCLUSIVE BARGAINING REPRESENTATIVE
Election of the employees in the unit
Must have 30% or more of the employees in the bargaining unit wishing to be represented for collective bargaining
IELRB investigates the petition if it has reasonable cause to suspect that a question of representation exists
Must conduct hearing within 90 days after the date the petition has been filed
Educational employees in a school district organized under Article 34 of the School Code shall not engage in a strike except under the following conditions:
They are represented by an exclusive bargaining representative
Mediation has been used without success
At least 10 days have elapsed after a notice of intent to strike has been given by the exclusive bargaining representative to the educational employer, the regional superintendent and the Illinois Educational Labor Relations Board
ILCS 5/13 STRIKES 4. The collective bargaining agreement between the educational employer and educational employees, if any, has expired 5. The employer and the exclusive bargaining representative have not mutually submitted the unresolved issues to arbitration. If, however, in the opinion of an employer the strike is or has become a clear and present danger to the health or safety of the public, the employer may initiate in the circuit court of the county in which such danger exists an action for relief which may include, but is not limited to injunction
3. Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization
4. Discharging or otherwise discriminating against an employee because he or she has signed or filed an affidavit, authorization card, petition or complaint or given any information or testimony under IELRA
7. Violating any of the rules and regulations promulgated by the Board regulating the conduct of representation elections
8. Refusing to comply with the provisions of a binding arbitration award
9. Expending or causing the expenditure of public funds to any external agent, individual, firm, agency, partnership or association in any attempt to influence the outcome of representational elections
Since the District has received the notice to strike, the Board would like to publish all the teacher’s salaries in the newspaper; over the District’s website; and distribute flyers throughout the community.
Since past experiences have shown nothing happens during the summer months (June and July), the members of the Board’s bargaining team would like to suspend negotiations.
During a teacher’s strike, the Board would like to pay any teacher who crosses the picket and additional $100.00 per day.
During a teacher’s strike, the Board would like to pay all replacements $400.00 per day.
Purpose of this act is to promote orderly and constructive relationships between all educational employees and their employers.
Purpose is to regulate labor relations
Designation of educational employee representatives
Negotiation of wages, hours and working conditions
Granted right to organize and choose freely their representatives
Requires employers to negotiate and bargain with exclusive bargaining agent
Authorized agents of an exclusive bargaining representative, upon notifying the Building Principal's office, may meet with a school employee (or group of employees) in the school building before and after the employee's work day and during the employee's duty-free lunch period.
Establish procedures to provide for the protection of fights of employees
School administrators originally believed that collective bargaining would be mostly about compensation for teachers.
Today collective bargaining matters continue year-round, punctuated by grievances, demands for information, mid-term bargaining, and increasing requests for union involvement for everything from seniority lists to reduction-in-force, from teacher evaluation to teacher-parent disciplinary committees, from Internet access to computer training and purchases.
Wise administrators and school board members recognize that a collective bargaining agreement is a long list of things they cannot do; and that in all but the rarest CB agreements, the union promises nothing.
Because of long term contracts
School boards are proposing language to put into the contract.
Must try to predict finances and also other long term implications like block scheduling.
Decisional bargaining requires the employer to bargain with the exclusive bargaining agent over a decision to do something before the decision is made or implemented.
Impact bargaining means that the employer is free to make an unfettered decision but is obligated to bargain, on demand, the effects of the decision on wages, hours, and terms or conditions of employment.
The tension necessary for union solidarity must be developed at the bargaining table.
Protracted adversarial bargaining
Time typically brings emotional stability for the union and board-management team.
Bargaining is often an adversarial process with the union on one side and management on the other.
School boards are vulnerable to political pressure and unions are private organizations whose only responsibility is to the vested interests of their membership. They have no responsibility to the public.
NEA and IFT started in 1997 to turn to collaborative bargaining. This has resulted in teachers being able to gain considerable authority over curriculum decisions -- a residual management right in most states -- by negotiating shared decision making into their agreements.
And once shared decision making for curriculum and instruction finds its way into union contracts, disputes over these topics are subject to grievance procedures -- an outcome that has caught many school officials by surprise.
Traditional bargaining which is adversarial in nature.
Win-win negotiations is a highly structured and elaborate set of ground rules that requires joint ownership and acceptance of certain restrictions.
Agreed ground rules
Personal goals are of less value than institutional goals
Neutral facilitator oversees the joint session
Time is one marathon weekend
Teams are equal in number
Subcommittees are formed to deal with issues
A commitment to reach closure at end of weekend is agreed to
Expedited bargaining adopts marathon time frame and predetermined closure time.
Human Relations Labor Relations Process Consensus Adversary Agenda Problems and needs Demands Arena Personal-Humanistic Legal Result Change or Development Contract Obligation Emphasis Self-actualization and Growth Economics and Security Goals Internal External Participants Individuals Union Location Local Issues Statewide Demands Benefits To organizational goals and clients through better programs To union and its members through increased benefits, power and security
There should be minimal publicity about the committee sessions.
Establish strong parent involvement in your district, because parents will push both sides to reach agreements.
School Board Common Mistakes in Collective Bargaining (Bolton, IASB, January 2003)
School boards negotiating a contract without any outside help.
Failing to recognize the beginning of negotiations (give away items early)
Failing to give authority to the negotiating team
For effective negotiations, the board must give its negotiating team a realistic idea of the total amount of money it is willing to make available for a settlement and the issues that are important to the board.
Failing to learn the bargaining language of the teachers
For example, when the union cries, "The board is not bargaining in good faith," it usually means, "The board isn't giving us what we want."
In almost every bargaining effort, particularly when it is difficult or prolonged, either the superintendent or a board member believes that he or she can talk to several teachers privately to arrange a settlement. This is frequently known as the savior maneuver.
Permitting unions to define the comparison base
Waving a red flag
There are far too many instances when settlements have been delayed or strikes provoked as a result of indiscriminate comments that have infuriated teachers
Being willing to negotiate every union demand
It is important to realize that very few of the union's proposed items are serious; the job of the negotiating team and the board is to ferret out those that are truly rock-bottom demands.
Be wary of union demands that are rationalized in terms of concern for students or the professionalism of teachers
Taking the bait too soon.
It is important to remember that the essence of collective bargaining is discussion and compromise
Failing to resolve intra-board conflict
Accepting ambiguous solutions
Trusting the mediator
The mediator will attempt to gain the trust of both parties, often by meeting with both parties separately and attempting to ascertain what concessions each party might be willing to make to reach an agreement.
Does the union have to defend a faculty member who is unfit to continue in his/her position?
Union ensures that all faculty have the right to due process.
Faculty member should only be subject to discipline or discharge for just cause.
Must everyone join the union?
Fair share agreements
Only to cover costs of collective bargaining and not for political issues
Union is exclusive representative for all members
Arbitration Mediation A third party, the arbitrator, has authority to decide the outcome of the dispute. The parties are in control of the final outcome of their discussions. They tailor the solutions to meet their needs. The parties, or their representatives, argue the merits of their case before the arbitrator, by preparing and presenting evidence which validates their position and defends against “the opposition.” The parties may obtain the advice of an attorney which can help their negotiations but the non-adversarial forum will be preserved. The arbitrator will render a decision that can be entered as a judgment of the court. The mediator will facilitate communications between the parties, will help develop options and solutions, and can prepare a final agreement. Although the fees for legal representation can be substantial, the process is more focused and costs less than traditional litigation. By combining their resources to pay for costs of mediation, the parties can resolve their differences less expensively. The goal is for each party to present its case before the arbitrator, avoiding the complications and delays of procedural conflicts and court schedules. By emphasizing collaboration and communication, under strict confidentiality, the parties can preserve and improve existing relationships. The authority and finality of a court-like setting, but with less formal rules of evidence and procedure. The flexibility and creativity of solution-building that enhances the interests of the participants, allowing all parties to win.