1. Public Sector Unionism

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

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

10. 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)

11. 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?

12. 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?

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