Dr. William Allan Kritsonis - Collective Bargaining, PPT.
William Allan Kritsonis, PhD
COLLECTIVE BARGIANING DEFININTIONCollective bargaining is definedas the negotiation between anemployer and a union todetermine the wages, hours andother terms of employment for agroup of employees withcommon duties and interestsand similar pay. The collectivebargaining agreement will beactive for a set period of time.
COLLECTIVE BARGAINING IN EDUCATIONThe major purpose ofcollective bargaining ineducation is to develop andnurture those educationalleadership skills which aregermane to theunderstanding andapplication of collectivebargaining law. The major thrusts are toprovide the students with aconceptual base from whichthey can exert educationalleadership, develop thosetechnical skills necessary tofunction effectively, andidentify and foster humanskills associated withsuccessful contractdevelopment andmanagement.
TEACHER UNIONS/COLLECTIVE BARGAININGBackground in 1935 Congress passed the National LaborRelation Act (Wagner Act) which guarantees the right ofprivate employees to form and join unions to bargaincollectively.A wide range of provisions may be negotiated incollective bargaining between teachers’ unions and schooldistricts.The following are some of the matters that are often thesubject of bargaining: academic freedom, curriculum,wages and salaries, training, hours, workload, andteaching responsibilities, tenure, and probationary period,promotion, reappointment personnel files etc.Constitutional Considerations: the First Amendment ofthe Bill Of Rights provides: “Congress shall make no lawprohibiting…the right of people peaceably to assemble.”This right, as applied to the states through the FourteenthAmendment of the Constitution, has been interpreted togive teachers and other employees the right to freeassociation, including the right to join a union, such asthe National Education Association or the AmericanFederation of Teachers.
STATE AND LOCAL PROVISIONS GOVERNING COLLECTIVE BARGAININGThe National Labor Relations Act governslabor relations in private schools, subjectto some limitations. A teachers’ union of aprivate schools should determine whetherthe NRLA applies to its school. State laborstatues generally govern labor relationsbetween public school districts andteachers’ unions. Collective bargainingstatues differ considerably from state tostate, with some states providing muchmore guidance and specific rules thanothers.
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 UNITSTeachers seeking to join for collective bargaining mustdefine an appropriate bargaining unit. Under most laborrelations statues, only those individuals who share a“community of interests” may compromise an appropriatebargaining unit. Community of interests generally meansthat the teachers have substantial mutual interests,including the following:Wages or compensationHours of WorkEmployment benefitsSupervisionQualifications Training and skillsJob functionsContract with other employeesIntegration of work functions with other employeesHistory of collective bargaining
ILLINOIS EDUCATIONAL LABOR ACTThe Illinois Educational Labor Act isan act to establish the right ofeducational employees to organize andbargain collectively to define andresolve unfair practice disputes and toestablish the Illinois EducationalLabor Relations Board to administerthe Act.
ILLINOIS SCHOOL DISTRICT BUDGET PROCESSCollective bargaining is one of the mostcomplex areas of school administration. Successful experiences in thisendeavor involve the ability to timelyorchestrate a myriad of special skillsand knowledge. School law, labor law,personal administration, humanrelations, labor relations, schoolfinance, community pressures,communication skills, and commonsense is included in this myriad.Access to timely and accurateinformation is also vital to successfullycompleting negotiations. They alsopublish a annual IASA publication toassist in the collection of key salaryand general contract data that can beused in collective bargaining planningand decision making.
COLLECTIVE BARGAINING TIGHTROPEThe collective bargaining process between aboard of education and a teachers’ unioncan have wide-ranging effects, not only forboard members and teachers but also for thecommunity. The superintendent, oftencaught in the middle, must put politicsaside and focus on doing what’s right for thestudents.
ILLINOIS PROVISIONS GOVERNING COLLECTIVE BARGAININGIllinois: Educational employees at alllevels permitted to bargain under theIllinois Educational Labor RelationsAct. However, several types ofemployees, including supervisors,managers, confidential employees,short-term employees, and students,are excluded from bargaining bystatue. Impasse procedures includemediation and fact-finding.Arbitration is permitted. Strikes arepermitted after several conditions setforth in the statue are met.