This document provides an overview of collective bargaining in public education in the United States. It discusses how collective bargaining and teachers' unions are currently targeted as draining state funds and inhibiting school innovation. The origins and history of collective bargaining are covered, including key events and legislation in Washington state. Important definitions and statutes regarding collective bargaining that apply to Washington state public employees are also summarized.

1. Collective Bargaining
in Public Education
by Craig Curry EDAD 587/522 Summer

2. A Polarizing Issue in the U.S.

3. Map published Feb. 2011. “X” has been added to states who have abolished bargaining rights since then.

5. A Right to Work law secures the right of employees to decide for
themselves whether or not to join or financially support a union.
Copyright © 2012 The National Right to Work Committee.

6. CB in Politics
Today Collective
Bargaining &
Teachers’ Unions are
targeted as a drain
on state funds as
well as a drain on
innovation in
schools. Some
legislators would
choose to eliminate
public sector
bargaining rights.

7.  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

8. 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?

9. 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.

10. 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.

11. WA State Collective Bargaining History
 1965: Passage of Washington's 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.

12. 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.

13. http://www.perc.wa.gov

14. Collective Bargaining in WA Today
About 74 percent of the WA state’s 64,000 general
government employees are represented by unions.
Collective bargaining by common school employers
and 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

16. Definition of Collective Bargaining
in WA State Law (RCW 41.56.030)
"Collective bargaining" means the performance of
the mutual obligations of the public employer and the
exclusive bargaining representative to meet at reasonable
times, to confer and negotiate in good faith, and to execute
a written agreement with respect to grievance procedures
and collective negotiations on personnel matters, including
wages, hours and working conditions, which may be
peculiar to an appropriate bargaining unit of such public
employer, except that by such obligation neither party shall
be compelled to agree to a proposal or be required to make
a concession unless otherwise provided in this chapter.”

17. Employee Right to Organize
in WA State Law (RCW 41.56.040)
41.56.040 “Right of employees to organize and
designate representatives without
interference. No public employer, or other
person, shall directly or indirectly, interfere
with, restrain, coerce, or discriminate against any
public employee or group of public employees in
the free exercise of their right to organize and
designate representatives of their own choosing for
the purpose of collective bargaining, or in the free
exercise of any other right under this chapter.”

18. Disagreement on Rep. or Unit
in WA State Law (RCW 41.56.050)
41.56.050 “Disagreement in selection of bargaining
representative—Disagreement as to merger of
bargaining units—Intervention by commission. (1) In
the event that a public employer and public employees are in
disagreement as to the selection of a bargaining
representative, the commission
shall be invited to intervene as is provided in RCW
41.56.060 through 41.56.090.
(2) In the event that a public employer and a bargaining
representative are in disagreement as to the merger of two
or more bargaining units in the employer’s workforce that
are represented by the same bargaining representative, the
commission shall be invited to intervene as is provided in
RCW 41.56.060 through 41.56.090.”

19. 41.56.120 Right to strike not
granted.
Nothing contained in this
chapter shall permit or grant
any public employee the right
to strike or refuse to perform
his official duties.

20. Where do administrators go
for help with Collective Bargaining?
Ask your district if they have an
ERNN Membership. ERNN is the
Employee Relations & Negotia-
tions Network, a non-profit
affiliate of WASA & AWSP, created
25 years ago to help and educate
district administrators in collective
bargaining and arbitration/
employee relations issues.
www.ernn.com

23. QUESTIONS?