Public Sector Unionism

Review Traditionally government refused to bargain with it employees – Sovereignty Doctrine Development of Private Sector Labor Law Development of Public Sector Labor Law New York – Condon-Wadlin to Taylor Different Impasse Procedures for Various public sector groups

Today Private Sector Labor Law – another aspect Process by which school employees choose union representation in New York State What unions organize school district employees in New York? Public sector union elections v. private sector elections

I. Private Sector Labor Law – the Unfair Labor Practice Developed in 1935 – the Wagner Act 1947 – Taft-Hartley Act - extended the concept to unions What is an unfair labor practice? How does the law deal with a proven unfair labor practice? Extension to Taylor Law – the Improper Practice

Improper Practices - Employer Interfere, Restrain or Coerce Dominate employee organization Discriminate Refuse to negotiate in “good faith” Refuse to continue conditions when agreement has expired Use state funds to train managers or supervisors to discourage union organization

Improper Practices – Employee Organization Interfere Restrain or Coerce Refuse to Negotiate in “good faith” Violate the Duty of Fair Representation Petitioner may ask for “injunctive relief” Striking employees can be terminated

II. Choosing Union Representation Voluntary Recognition Elections Based on Appropriate Bargaining Unit – Criteria for its determination Community of Interest Management at that level can make decisions Compatible with joint obligation to serve the public Certification Decertification

II. Bargaining Units in Education Inevitably involve only one school district Generally involve all employees in a classification within that district Instructional units Non-instructional units

Administrative Classroom will be this one except Check web site for updated schedule

III. Educational Unions in NY Teachers Other groups Administrators Paraprofessionals, custodial, food service Transportation Nothing to prevent any union from organizing any group (except the union’s own constitution)

IV. Public Sector Union Elections Private sector elections Most of the time unions lose Why? Public sector elections Most of the time unions win What kinds of rules govern these elections? What is the union shop? What is the agency shop?

V. Case Termination of a teacher’s aide What are the key facts? What are the district’s basic arguments What are the unions’ basic arguments What will be the remedy if the union wins? What would you decide and why? How are discharge cases different from other arbitration cases?

Next Time Negotiating Collective Bargaining Agreements Do the first two of the required readings, those two are in the text Hess and Kelly Hill