StateNotes
	Unions/Collective Bargaining

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Education Commission of the States 700 Broadway, Suite 1200 Denver, CO 80203-3460 303.299.3600 Fax: 303.296.8332 www.ecs.org

State Collective Bargaining Policies for Teachers

Compiled by Carl Krueger

June 2002

Collective bargaining for teachers is a relatively new phenomenon. A 1960 teacher strike in New York City led to the first-ever collective bargaining agreement for American teachers in 1962 between the United Federation of Teachers and the City of New York. As strikes spread across the country in the 1960s and 70s, many states eventually passed public sector collective bargaining legislation that codified negotiations between teacher unions and school districts. Collective bargaining spread across the nation and so did the power of teacher unions such as the American Federation of Teachers (AFT) and the National Education Association (NEA). The power teachers unions wield over education policy, often through the collective bargaining agreements, is praised by some but derided by others. Collective bargaining for teachers is a contentious issue that promises to grow increasingly complex as governance reform – changing who makes what decisions about public education – takes center stage.

Collective bargaining, if allowed, always occurs at the school district level. State policy, however, influences the process in a number of ways, from prohibiting strikes to dictating the terms of arbitration. The table below is divided into the following areas of collective bargaining state policy:

· STATE POLICY: This section addresses whether a state has a collective bargaining law. Currently, 33 states have such laws.

• COVERAGE/EXCLUSIONS: This section presents who is covered under the law, such as teachers, and who is excluded from coverage, such as superintendents. Thirteen states have collective bargaining laws specifically for teachers. Six states have laws that grant collective bargaining to public school employees. In 16 other states, teachers are included as part of a larger collective bargaining law for public employees.

• SCOPE OF BARGAINING: This section details which issues are negotiable under the state’s collective bargaining law. Though some states actually allow teachers to bargain over issues such as curriculum or classroom management, most limit the scope of bargaining to wages, hours and other conditions of employment such as health benefits, vacation time or pension plans.

• RIGHT TO WORK: Twenty-one states, mostly located in the southern United States, have a “right-to-work” law. Such laws prevent collective bargaining agreements from containing union security clauses that require workers to support and share the costs of union representation.

• BARGAINING IMPASSE PROCEDURES: If an agreement cannot be reached through initial negotiations between a teacher union and a school district, steps can be taken to reach a resolution. Thirty-one states use meditation, in which a third party attempts to broker an agreement between the two parties. Twenty-eight states use fact-finding procedures that allow an impartial panel to review both sides of the dispute, report their findings and occasionally make recommendations for settlement. Arbitration, in which an impartial party holds a formal hearing and determines a resolution, is similar to mediation, but the ruling of the third party is often binding and final. Eighteen states provide for voluntary arbitration in which one side or the other can request a hearing. Four states mandate arbitration in which the two sides have to submit to a formal hearing.

• STRIKES: State policies permit or prohibit strikes by teachers or other public employees; if they are prohibited, penalties may be imposed for those who strike. Twenty-four states prohibit strikes and nine states permit them. Twelve states impose penalties for strikes, which range from fines to dismissal to, in some cases, imprisonment.

State Collective Bargaining Policies
STATE	STATE POLICY	COVERAGE/ EXCLUSIONS	SCOPE OF BARGAINING	RIGHT TO WORK	BARGAINING IMPASSE PROCEDURES			STRIKES
					Mediation	Fact Finding	Arbitration	Prohibited	Permitted	Penalties
Alabama	No state collective bargaining law			X
Alaska	Recognizes the right of public employees to organize for the purpose of collective bargaining [Alaska Stat. § 23.40.070]	Certified and non-certified school employees, except for school superintendents	Wages and conditions of employment		X		Mandatory		X
Arizona	No state collective bargaining law			X
Arkansas	No state collective bargaining law			X
California	Recognizes the right of public school employees to join organizations of their own choice, to be represented by the organizations in their professional and employment relationships with public school employers, and to afford certificated employees a voice in the formulation of educational policy [CAL GOV’T CODE § 3540 to 3549.3]	Public school employees with the exception of managerial and supervisory employees	Wages, hours and conditions of employment		X	X		X
Colorado	No state collective bargaining law
Connecticut	Provides rights concerning professional organization and negotiations [CONN. GEN. STAT. § 10-153a]	Teachers are covered; super-intendents, assistant superintendents, personnel or budget employees and temporary substitutes are not	Wages and conditions of employment		X		Mandatory	X
Delaware	Obligates boards of education and school employee organizations that have been certified as representing their school employees to enter into collective bargaining negotiations [Del. Code. ANN. title 14 § 4001 to 4018]	School employees with the exception of supervisory staff	Wages, benefits and conditions of employment		X	X		X
Florida	Grants to public employees the right of organization and representation; requires the state, local governments, and other political subdivisions to negotiate with bargaining agents duly certified to represent public employees [Fla. Stat. § 447.201]	All public employees, including teachers	Wages, hours and conditions of employment, excluding pensions	X	X	X		X		X
Georgia	No state collective bargaining law			X
Hawaii	Recognizes the right of public employees to organize for the purpose of collective bargaining; requires the public employers to negotiate with and enter into written agreements with exclusive representatives on matters of wages, hours and other conditions of employment [Haw. Rev. Stat § 89-1]	All public employees, including teachers	Wages, hours and conditions of employment, excluding retirement, health fund and salary ranges		X	X	Voluntary	X
Idaho	Empowers the board of trustees of each school district, including specially chartered districts, upon its own initiative or upon the request of a local education organization representing professional employees, to enter into a negotiation agreement with the local education organization or the designated representative(s) [Idaho Code § 33-1271 to 33-1276]	Teachers are covered; superintendents, supervisors and principals are excluded	Wages and conditions of employment	X	X	X		X
Illinois	Permits educational employees to organize, form, join or assist in employee organizations or engage in lawful concerted activities for the purpose of collective bargaining [115 Ill. COMP. STAT 5/1 to 5/20]	Public school employees, with the exception of supervisors, short-term or part-time employees, and students	Wages, hours and conditions of employment Teachers in the Chicago Public Schools are prohibited from bargaining over class size, staffing, academic calendars and layoffs		X	X	Voluntary		X
Indiana	Requires a school employer to bargain collectively with the exclusive representative on the following: salary, wages, hours, and salary and wage related fringe benefits [Ind. Code Ann. § 20-7.5-1-1 to 20-7.5-1-14]	Teachers are covered; supervisors, part-time employees and security personnel are not	Wages, hours, benefits, curriculum development, teaching methods, textbook selection, class size, student discipline and budget appropriations		X	X	Voluntary	X		X
Iowa	Permits public employees to organize and bargain collectively [Iowa Code § 20.1 to 20.26]	All public employees, including teachers	Wages, hours, vacation time, insurance, holidays, leave, overtime, seniority, and health and safety issues	X	X	X	Mandatory	X		X
Kansas	Professional employees have the right to form, join or assist professional employees' organizations, to participate in professional negotiation with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service [Kan. STAT. ANN. § 72-5410 to 72-5437]	Teachers, excluding administrative employees	Wages, hours and conditions of employment		X	X		X
Kentucky	No state collective bargaining law
Louisiana	No state collective bargaining law			X
Maine	Provides a uniform basis for recognizing the right of public employees to join labor organizations of their own choosing and to be represented by such organizations in collective bargaining for terms and conditions of employment [ME. REV. STAT. ANN. title 26 § 961]	All municipal employees, including school employees, are covered; superintendents and assistant superintendents of schools, temporary, seasonal, and on-call employees are excluded from coverage	Wages, hours, grievance arbitration, working conditions, and educational policy