Whereas the right for teachers to join a union is constitutionally protected, the right to collective bargaining is not protected.<br />As public employees, the government has the authority to restrict collective bargaining.<br />
Norwalk Teachers Association vs. Board of Education of City of NorwalkSupreme Court of Errors of Connecticut, 1951<br />Teachers may organize and bargain collectively but cannot strike.<br />Teachers serve the public welfare and not a private purpose.<br />By allowing public employees to strike, that would be equivalent to denying the government of its authority to act in the best interest of the public’s welfare. <br />
Anderson Federation of Teachers, Local 519 vs. School City of AndersonSupreme Court of Illinois, 1969<br />Public employees must have Express Legislative permission to strike.<br />This case reflects U.S. vs. United Mine Workers(1947), which states that public employees do not have the right to strike.<br />
Board of Education vs. New Jersey Education AssociationSupreme Court of New Jersey, 1968<br /><ul><li>The teachers’ union encouraged teachers to resign or not accept employment for the upcoming school year.
The court stated that even though every citizen has the right to resign or refuse public employment, if two or more persons agree to this course of action it may impede the government’s ability to function.
Teachers’ “Sanctions” against Board are concerted action towards illegal end.</li></li></ul><li>City of Biddeford vs. Biddeford Teachers AssociationSupreme Judicial Court of Maine, 1973<br />Can the superintending school committees constitutionally delegate authority of labor and personnel issues to an arbitrator.<br />Binding Arbitration is not an illegal delegation of School Board power.<br />
Abood vs. Detroit Board of EducationSupreme Court of the United States, 1977<br />Nonunion teachers can still be required to pay “fees” under the terms of the school district’s agency-shop agreement. <br />Union teacher’s pay “dues”.<br />Use of “fees” paid by nonunion employees does not violate that person’s constitutional right UNLESS “fees” are used to support “Objectionable Political and Ideological views”<br />
City of Madison vs. Wisconsin Employment Relations CommissionSupreme Court of the United States, 1976<br />Nonunion teachers have a 1st Amendment right make public comments or to speak at open meetings about matters that are subject to collective bargaining negotiations.<br />
How is Collective Bargaining Enforced?<br />To enforce collective bargaining and other laws affecting public employees, many states have labor relations board<br />
Is There a Constitutional Right to Organize?<br />Yes. Terminating a teacher because they are a part of a union is a violation of that “teacher’s right of free association and unjustified interference with teachers associational freedom violated the due process clause of the 14th Amendment.”<br />
Is There a Constitutional Right to Bargain?<br />No. Most states have statues that provide for collective bargaining for teachers, but in the absences of such laws, teachers do not have a constitutional right to bargain collectively.<br />
Can the School Board Bypass the Union and Make Salary Agreements with Individual Teachers?<br />No. The school board must bargain exclusively with the teachers’ designated representative over wages, hours, and other terms and conditions of employment.<br />It is an unfair labor practice (a legal term for violation of the law by a union or employer) for a school district to enter into individual arrangements with certain teachers agree to pay them differently than unionized teachers.<br />
What Happens During Collective Bargaining?<br />Step 1-The union or the School Board drafts a contract proposal<br />Step 2- There is an exchange of initial proposals between the teachers’ union and the school board. <br />Step 3 – Negotiations (If an amicable agreement cannot be made, proceed to step 4<br />Step 4 - Arbitration<br />