From the ECS State Policy Database Teaching Quality--Unions/Collective Bargaining

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 Community College From bill summary: Requires a school district or a community college district to provide a paid leave of absence to a classified employee who is an unelected member of a school district public employee organization or community college district public employee organization for activities the member is authorized by the organization to attend. Requires the employee organization to reimburse the school district or community college district on behalf of an unelected member who receives a paid leave of absence. Requires an employee organization to provide reasonable notification to the employer requesting a leave of absence without loss of compensation for any of the above-described activities. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1201-1250/ab_1203_bill_20120930_chaptered.pdf Title: A.B. 1203 Source: www.leginfo.ca.gov NC Signed into law 07/2012 P-12 Provides that all education employee associations have equal access to employees at schools and prohibits schools from favoring or endorsing an education employee association. Provides that all education employee associations must have equal access to charter school employees. http://www.ncleg.net/Sessions/2011/Bills/Senate/PDF/S755v4.pdf Title: S.B. 755 Source: ncleg.net PA Signed into law 07/2012 P-12 Provides that one year after a contract impasse, the Secretary of Education may request a public hearing in the school district of impasse. Requires the hearing to include testimony from the board, administration, employee organization and any other party requested by the Secretary. Requires the public to have 30 days to submit written testimony and allows from testimony from experts commenting on the social, emotional and educational well being of students in the district. Requires the Secretary to issue a report on recommendations regarding the impasse 90 days following the hearing. http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2011&sessInd=0&billBody=H&billTyp=B&billNbr=1363&pn=3837 Title: H.B. 1363 - Contract Impasse Source: http://www.legis.state.pa.us CT Signed into law 05/2012 P-12 (Sec. 20) Requires the local school board and the teachers' or administrators' union to negotiate on any matters in an approved turnaround plan or a plan developed by the commissioner that conflicts with provisions of an existing union contract. It sets out two detailed tracks for these negotiations, one for turnaround plans agreed to at the local level and approved by SBE and another when (1) there is no consensus on the local plan, (2) the commissioner deems the local plan deficient, or (3) no local plan is developed. For the track regarding non-consensus or no sufficient plan, a bargaining referee must determine whether the matters that conflict with the existing agreement are to be negotiated under existing bargaining parameters or through impact bargaining. Under either track, if negotiations reach an impasse, an expedited arbitration process is used and any arbitration decision is final and binding. (Not Codified) http://www.cga.ct.gov/2012/ACT/PA/2012PA-00116-R00SB-00458-PA.htm Title: S.B. 458 Source: cga.ct.gov MI Signed into law 03/2012 P-12 Provides that the following are not considered 'public employees' and are not entitled to representation or collective bargaining rights: An individual serving as a graduate student research assistant or in an equivalent position and any individual whose position does not have sufficient indicia of an employer-employee relationship. PA 45'12 http://www.legislature.mi.gov/documents/2011-2012/billenrolled/House/pdf/2011-HNB-4246.pdf Title: H.B. 4246 Source: legislature.mi.gov NC Signed into law 01/2012 P-12 Eliminates the option of active or retired public school employees to pay an employees' organization through a periodic deduction from payroll or a retirement account. Session Law 2012-1. http://www.ncleg.net/EnactedLegislation/SessionLaws/PDF/2011-2012/SL2012-1.pdf Title: S.B. 727 Source: ncleg.net CA Vetoed 10/2011 P-12 From bill summary: Authorizes family child care providers to choose whether to be represented by a single provider organization designated pursuant to a specified petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. Requires the state department of social services and the state department of education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding individual family child care providers available to provider organizations and requires the provider organization requesting the information to bear the costs of collecting the information. Authorizes a certified provider organization to perform various functions, including meeting with state regulatory agencies and engaging in various types of negotiation on matters within a specified scope of representation with the department of personnel administration, in consultation with the superintendent and other state agencies that administer programs of publicly funded child care. Prohibits provider organizations from calling strikes and from interfering with, intimidating, restraining, coercing or discriminating against a family child care provider because the family child care provider joins or refuses to join a provider organization. Provides that the state also is subject to the latter prohibition. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_101_bill_20110920_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/AB_101_Veto_Message.pdf Title: A.B. 101 Source: www.leginfo.ca.gov IL Signed into law 08/2011 P-12 Requires that if an Annual Financial Report resulting from a mandated audit reflects a deficit, the district must, within 30 days after acceptance of such audit report, submit a deficit reduction plan. Makes legislative findings relative to the need for financial oversight panels. Creates the Financial Oversight Panel Law of the School Code. Allows a school district (other than the Chicago school district) to petition the state board of education for the establishment of a Financial Oversight Panel for the district, and allows the state board to establish a Financial Oversight Panel without a petition from a district. Requires the Financial Oversight Panel, the school board and the district superintendent or chief executive officer to develop goals and objectives to help the district obtain financial stability. Contains provisions concerning duties of the district; members and meetings of a Panel; powers of a Panel; deposits and investments; and cash and bank accounts. Permits a Panel to employ a chief executive officer, a chief educational officer, a chief fiscal officer, a superintendent (who must be under the direction of the Panel or the chief executive officer employed by the Panel and must have all of the statutorily-assigned powers and duties of a school district superintendent and such other duties as may be assigned by the Panel), and a chief school business official. Permits a Panel, in its discretion, to remove the local board-appointed or -elected treasurer and appoint a new treasurer. Authorizes a Panel to negotiate collective bargaining agreements with the district's employees. Upon a Panel's direction, requires a district to reorganize the district's financial accounts, management, and budgetary systems in a manner consistent with state board rules to remedy the conditions that led the Panel to be created, to achieve greater financial responsibility and to reduce financial inefficiency. Permits a Panel to prepare and file a proposal for emergency financial assistance for the school district and for the Panel's operations budget. Permits a district to receive both a loan and a grant. Provides that if a district is unable after 3 attempts to secure short-term financing, a Panel, with state superintendent approval, must have the same power as a district to issue tax anticipation warrants, issue tax anticipation notes, issue revenue anticipation certificates or notes, issue general state aid anticipation certificates, and establish and utilize lines of credit. Authorizes certain actions if a Panel is unable to secure short-term borrowing. Requires a Panel to annually submit to the state superintendent a report that includes the audited financial statement for the preceding fiscal year, an approved financial plan and a statement of the major steps necessary to accomplish the objectives of the financial plan. Authorizes the state superintendent to require a separate audit of the Panel. Specifies that a district must render such services to and permit the use of its facilities and resources by the Panel at no charge, and permits any state agency or district to render such services to the Panel as may be requested by the Panel. Requires a Panel to be abolished 10 years after its creation. Permits the state board to abolish a panel at any time after 3 years if no obligations of the Panel are outstanding and the financial need for the Panel no longer exists. Establishes provisions for return of power to local board if financial need for the Panel no longer exists but the Panel has outstanding financial obligations. Creates special provisions for districts subject to the authority of a Financial Oversight Panel in terms of tax levy procedures. Makes certain employees of a Financial Oversight Panel who are not superintendents or certified school business officials participants in the Illinois Municipal Retirement Fund. Provides that if the Financial Oversight Panel is unable to pay the required employer contributions to the fund, then the school districts served must make payment of required contributions. Permits monies from the School District Emergency Financial Assistance Fund to be used to provide technical assistance or consultation to Financial Oversight Panels that petition for emergency financial assistance grants. Establishes provisions related to payment of emergency state financial assistance loans by Financial Oversight Panels. Provides an emergency financial assistance loan to the Panel or district must not be considered part of the calculation of a district's debt for purposes of limitation. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0429.pdf Title: S.B. 2149 Source: www.ilga.gov MI Signed into law 07/2011 P-12 From Legislative Staff Summary - Amends the public employment relations Act to prohibit decisions about the following subjects from being included in collective bargaining between a public school employer and a representative of its employees: (1) Teacher placement; (2) Policies for personnel decisions made when an employer eliminates a position, or recalls or hires after a position has been eliminated; (3) An employer's performance evaluation system; (4) A policy for discharging or disciplining employees subject to the tenure law, and the discharge or discipline of an individual employee; (5) Classroom observation; (6) A performance-based method of compensation; and (7) Parental notification of ineffective teachers. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0103.htm Title: H.B. 4628 Source: http://www.legislature.mi.gov RI Signed into law 07/2011 P-12 Notwithstanding other provisions, requires that the power and duty to enter into collective bargaining agreements be vested in the chief executive officer of the municipality and not in the school committee. Gives the elected school committees of each city, town, or regional school district, or the chief executive officer of any municipality having an appointed school committee, the power to bind their successors and successor committees by entering into contracts of employment in the exercise of their governmental functions. Addresses other particulars. http://www.rilin.state.ri.us/PublicLaws/law11/law11265.htm Title: S.B. 1062 Source: http://www.rilin.state.ri.us IN Signed into law 07/2011 P-12 Indiana has recently enacted comprehensive collective bargaining reform for public education employees under Public Law 48-2011; and the legislation has substantially limited the nature and relationship of collective bargainin contracts to wages and wage-related benefits. Indiana school corporation contracts shall not exceed two years in duration and cannot force a school corporation to deficit spend. The Indiana Education Employment Relations Board is charged with the regulatory authority over the implementation of this new law. The Indiana Education Employment Relations Board consists of a chairperson, two board members and limited staff to implement this comprehensive reform effort. The Indiana Department of Education has extensive legal, regulatory and policy staff available to directly support Indiana Education Employment Relations Board in the implementation of this landmark legislation. The State Superintendent of Public Instruction is charged with the general supervision of public education and is the designated director of the Indiana Department of Education. The Indiana Department of Education has extensive legal and fiscal responsibilities related to the proper implementation of collect bargaining reform that can be more effectively and efficiently utilized with the direct oversight and leadership of the Indiana Education Employment Relations Board by the State Superintendent of Public Instruction. NOW, THEREFORE, I, Mitchell E. Daniels, Jr., virtue of the authority vested in me as Governor of the State of Indiana, do hereby order that: 1) To further the goal of implementing the collective bargaining reform legislation, the three members of the Indiana Education Employment Relations Board who are appointed by and serve at the pleasure of the Governor, shall report to the Superintendent of Public Instruction and administer the agency in compliance with such policies and procedures as may be established by the Superintendent. 2) This Executive Order shall expire upon the enactment of legislation by the General Assembly to codify the measures described in this Executive Order. Title: E.O. 11-07 Source: http://www.in.gov/gov/files/EO_11-07.pdf OH Signed into law 06/2011 P-12 Provides that the employees of a conversion community school sponsored by the Cleveland board of education will cease to be subject to any future collective bargaining agreement if the mayor submits to the board of education sponsoring the school and to the state employment relations board a statement requesting that all employees of the community school be removed from a collective bargaining unit. Provides that the employees of the community school who are covered by a collective bargaining agreement in effect when the mayor submits the statement must remain subject to that collective bargaining agreement until the agreement expires on its terms. Upon expiration of that collective bargaining agreement, the employees of that school are not subject to Chapter 4117 of the Revised Code and may not organize or collectively bargain pursuant to that chapter. Page 229 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Collective Bargaining at Cleveland Board-Sponsored Community School Source: www.legislature.state.oh.us IL Signed into law 06/2011 P-12 Provides the following changes take place if and only if S.B. 7 as passed by the 97th General Assembly becomes law: Provides that, with respect to the list of permissive subjects of bargaining between an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000 and an exclusive representative of its employees, decisions to determine length of the work and school day and length of the work and school year apply only to the Chicago school district. Provides neither the Board nor any appointed mediator or fact-finder has jurisdiction over a collective bargaining dispute or impasse. Requires that, in the event of an impasse, the board post both parties' offers on its Web site. Provides that all members of Chicago's exclusive bargaining representative at the time of a strike authorization vote must be eligible to vote; http://www.ilga.gov/legislation/publicacts/97/PDF/097-0007.pdf Title: H.B. 1197 Source: www.ilga.gov IL Signed into law 06/2011 P-12 Amends the Illinois Educational Labor Relations Act. Specifies that Chicago collective bargaining agreements may address decisions to determine the length of the work and school day and length of the work and school year. Page 97 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Length of School Day and Year in Collective Bargaining Agreements Source: www.ilga.gov IL Signed into law 06/2011 P-12 Specifies that certain existing impasse procedures do not apply to Chicago Public Schools. Directs the Illinois Educational Labor Relations Board to invoke mediation if parties engaged in collective bargaining do not reach an agreement within 45 days of the start of the school year (previously was 15 days before start of school year). Adds new impasse provisions (which do not apply to Chicago Public Schools), relative to declaring an impasse during the mediation process. Also creates new provisions for Chicago that require the parties, if they fail to reach an agreement after a reasonable period of mediation, to submit the dispute to fact-finding, which must follow a specified process. Provides that if the dispute is not settled within 75 days after the the fact-finding panel is appointed, the fact-finding panel must issue a private report to the parties that contains advisory findings of fact and recommended terms of settlement for all disputed issues and that sets forth a rationale for each recommendation. Applies to all districts in the state: Specifies that certain costs outside of fact-finding and mediation must be borne by the party incurring them. Provides that if an educational employer or exclusive bargaining representative refuses to participate in mediation or fact finding when required by statute, the refusal must be deemed a refusal to bargain in good faith. Adds to conditions that must be met for educational employees to strike: if an impasse was declared, at least 14 days have elapsed after the mediator has made public the final offers; if fact-finding was invoked, at least 30 days have elapsed after a fact-finding report has been released for public information; for Chicago, at least 3/4 of all bargaining unit members have voted to authorize the strike; and for all districts, the collective bargaining agreement either has expired or has been terminated (previously only expired agreements were recognized under this provision). Applies to Chicago: Repeals 105 ILCS 5/34-85b, which provided that the provisions of Adminstrative Review Law applied to and governed all proceedings instituted for the judicial review by either the employee, teacher, principal or the board of final administrative decisions of the hearing officer. Pages 98-111 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Impasse, Mediation, Fact-Finding, Strikes Source: www.ilga.gov MI Signed into law 06/2011 P-12 Amends sections of the Public Employee Relations Act (PERA) to address public employee pay increases without a contract. Provides that after the expiration date of a collective bargaining agreement ("CBA") and until a successor CBA is in place, a public employer must pay and provide wages and benefits at levels and amounts that are no greater than those in effect on the expiration date of the CBA (including increases that would result from wage step increases). Requires employees who receive health, dental, vision, prescription, or other insurance benefits under a CBA to pay any increased cost of maintaining those benefits that occurs after the expiration date of the CBA. Permits a public employer to make payroll deductions necessary to pay the increased costs of maintaining those benefits. Provides that the parties to a CBA may not agree to, and an arbitration panel may not order, any retroactive wage or benefit levels or amounts that are greater than those in effect on the expiration date of the CBA (with the exception that for a CBA that expired before the effective date of this legislation, wages and benefits are limited to the levels and amounts in effect on the effective date of this legislation). http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2011-PA-0054.pdf Title: H.B. 4152 Source: http://www.legislature.mi.gov TN Signed into law 06/2011 P-12 Deletes the Education Professional Negotiations Act and replaces it wtih the "Professional Educators Collaborative Conferencing Act of 2011." Requires the development of a training program in the principles and techniques of interest-based collaborative problem-solving for use in collaborative conferencing. Requires any training program to be implemented, as appropriate, within each local education agency no later than July 1, 2012. Requires any and all bargaining being conducted pursuant to the Education Professional Negotiations Act on the effective date of this act to be suspended indefinitely. No collaborative conferencing pursuant to this part may be conducted by a local board of education until the training developed under this part has been implemented within the local education agency. http://www.capitol.tn.gov/Bills/107/CCRReports/CC0001.pdf Title: S.B. 113 Source: http://www.capitol.tn.gov/ OK Signed into law 05/2011 P-12 Requires the Oklahoma State System of Higher Education to adopt a policy for each institution in the system that has a teacher education program to require equal access for statewide professional educators' associations to students enrolled in the programs. The policy should prohibit programs, faculty and employees from denying associations the same access to students that other associations receive. This will include setting up informational tables at student meetings, speaking at student meetings, distributing information in mail boxes or through the e-mail system of the institution, using institution meeting rooms during nonworking hours, posting information on bulletin boards and using printing services for the institution. http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB1854%20ENR.DOC Title: H.B. 1854 Source: http://webserver1.lsb.state.ok.us IN Signed into law 04/2011 P-12 Extends the use of temporary teacher contracts to hiring for positions funded by grants outside the school funding formula. Provides that wage payment arrangements may not contain terms beyond those permitted to be bargained. Provides that the statutory procedures for refusing to continue or canceling a teacher contract may not be modified by a collective bargaining agreement (agreement). Limits the number of teachers the exclusive representative may appoint to serve on statutory or locally created district wide and school wide committees of a school corporation. Provides that an agreement may not include provisions that limit a school employer's ability to restructure schools that do not meet federal or state accountability standards, or that limit a school employer's ability to enter into programs that offer postsecondary credit or dual credits to students. Provides that an agreement may not extend beyond December 31 of the year at the end of a state budget biennium. Prohibits certain subjects from being bargained collectively, and provides that prohibited subjects and items that lead to deficit financing may not be included in an agreement. Removes certain items from the list of discussion subjects between a school employer and an exclusive representative. Provides that collective bargaining begins before August 1 in the first year of the state budget biennium. Provides that if a complaint that is filed alleging an unfair practice concerning a subject of discussion is found to be frivolous, the complaining party is liable for costs and attorney's fees. Modifies the meditation process. Establishes a process for factfinding. Expands the purposes for which money in the capital projects fund may be used. Repeals provisions concerning minimum salary and salary increments for teachers, the definition of ''submission date", and a provision allowing the statutory procedures for refusing to continue or canceling a teacher contract to be modified by an agreement, certain provisions concerning mediation and factfinding, and makes conforming changes to related sections. http://www.in.gov/legislative/bills/2011/SE/SE0575.1.html Title: S.B. 575 Source: http://www.in.gov OH Signed into law 03/2011 P-12 Postsec. From bill summary: --Community schools (charter schools): Prohibits employees of community schools from collectively bargaining, except for conversion community schools. Allows the governing authority of a conversion community school to opt out of collectively bargaining with the community school's employees. --"Management-level employees" at state institutions of higher education: Adds faculty who participate in the governance of a state institution of higher education, who are involved in personnel decisions, selection or review of administrators, planning and use of physical resources, budget preparation, and determination of education policies related to admissions, curriculum, subject matter, and methods of instruction and research to those employees who are considered management level employees, potentially making more people management level employees and ineligible to collectively bargain. --Rights of public employees, including strikes: Removes continuation, modification or deletion of an existing collective bargaining agreement from the subject of collective bargaining. Removes a provision granting specific authority to public school employees to collectively bargain for health care benefits. Prohibits public employees from striking. Allows a public employer to enjoin a strike. Requires the public employer to deduct from the compensation of a striking employee an amount equal to twice the employee's daily rate of pay for each day or part thereof that the employee engaged in a strike. Provides that an employee that strikes in violation of an injunction can be fined no more than $1,000 or imprisoned for no longer than 30 days. --Bargaining units and exclusive representatives: Changes the time limitations within which the State Employment Relations Board must act upon a request for recognition. Allows the Board to determine appropriate units, remove classifications from a bargaining unit, or hold an election regardless of an agreement or a memorandum of understanding granting nonexclusive recognition. Removes the provision prohibiting the appeal of a decision of the Board that determines the appropriate bargaining unit. --Subjects for collective bargaining: Makes the following inappropriate subjects for collective bargaining: (1) employer-paid contributions to any of the five public employee retirement systems; (2) health care benefits for which the employer is required to pay more than 85% of the cost; (3) the privatization of a public employer's services or contracting out of the public employer's work; (4) the number of employees required to be on duty or employed in any department, division or facility of the public employer. Permits public employers to not bargain on any subject reserved to the management and direction of the governmental unit, even if the subject affects wages, hours, and terms and conditions of employment. Prohibits an existing provision of a collective bargaining agreement that was modified, renewed or extended that does not concern wages, hours, and terms and conditions from being a mandatory subject of collective bargaining. Allows the public employer to do any of the following, unless the public employer specifically agrees otherwise in an express written provision of a collective bargaining agreement: (1) Hire, discharge, transfer, suspend or discipline employees; (2) Determine the number of persons required to be employed or laid off; (3) Determine the qualifications of employees; (4) Determine the starting and quitting time and the number of hours to be worked by its employees; (5) Make any and all reasonable rules and regulations; (6) Determine the work assignments of its employees; (7) Determine the basis for selection, retention, and promotion of employees; (8) Determine the type of equipment used and the sequence of work processes; (9) Determine the making of technological alterations by revising either process or equipment or both; (10) Determine work standards and the quality and quantity of work to be produced; (11) Select and locate buildings and other facilities; (12) Establish, expand, transfer, or consolidate work processes and facilities; (13) Transfer or subcontract work; (14) Consolidate, merge, or otherwise transfer any or all of its facilities, property, processes, or work with or to any other municipal corporation or entity or effect or change in any respect the legal status, management, or responsibility of such property, facilities, processes, or work; (15) Terminate or eliminate all or any part of its work or facilities. --Collective bargaining agreement provisions and approval: Prohibits a collective bargaining agreement from prohibiting a public employer that is in a state of fiscal emergency from serving a written notice to terminate, modify, or negotiate the agreement. Prohibits a collective bargaining agreement from prohibiting a public employer that is in a state of fiscal watch from serving a written notice to modify a collective bargaining agreement so that salary or benefit increases, or both, are suspended. Prohibits a collective bargaining agreement from prohibiting a public employer from entering into a contract with another public or private sector entity to privatize the public employer's services or the contracting out of the public employer's work. Prohibits a collective bargaining agreement from containing a provision that does any of the following: (1) Limits a public employer in determining the number of employees it employs or has working at any time, in any facility, building, classroom, on any work shift, or on any piece of equipment or vehicle; (2) Provides for the public employer to pay any portion of a public employee's state pension contributions or payments; (3) Provides for an hourly overtime payment rate that exceeds the overtime rate required by the federal Fair Labor Standards Act; (4) Requires the public employer to adhere to, follow, or continue any practices or benefits not specifically set forth in the specific written provisions of the agreement. Prohibits a collective bargaining agreement from containing certain provisions regarding the deferred retirement option plan. Prohibits a collective bargaining agreement from containing any provision that allows accrual of leave credits in excess of the following: (1) 6 weeks annually of paid vacation prior to 20 years of service; (2) 12 paid holidays annually; (3) 3 paid personal days annually. Prohibits a collective bargaining agreement from containing a provision for the exchange or sell-back of a public employee.s accumulated paid sick leave balance at the public employee.s final retirement or death that provides for a cash payment that exceeds 50% of the public employee.s total sick leave accumulations and for accumulated sick leave in excess of 1,000 hours. Prohibits a public employer from agreeing to a provision in a collective bargaining agreement that requires the public employer, when a reduction in force is necessary, to use employee length of service as the only factor when making layoffs. Prohibits a public employer from agreeing to a provision in a collective bargaining agreement that requires the employer to pay more than 85% of the cost paid for benefits. Requires the parties to consider, when determining the ability of the employer to pay for any terms, only the financial status of the employer at the time period surrounding the negotiations and the employer's inability to pay for those terms. Prohibits the parties from considering, when determining the ability of the employer to pay for any terms, any potential future increase in the income of the public employer that would only be possible by the employer raising revenue, including, but not limited to, passing a levy or a bond issue, or the employer's ability to sell assets. --Conflicting provisions of agreements: Makes laws pertaining to the provision of health care benefits to public employees prevail over conflicting collective bargaining agreements. --School districts, educational service centers, community schools, and STEM schools: Prohibits a public employer that is a school district, educational service center, community school, or STEM school from entering into a collective bargaining agreement that (from Section 4117.081): (1) Requires the public employer to employ a minimum number of total personnel or any category of personnel; (2) Restricts the authority of the public employer or a district or service center superintendent to assign personnel to school buildings or restricts the authority of a building principal to designate the responsibilities and workloads of personnel assigned to the building; (3) Establishes a maximum number of students who may be assigned to a classroom or teacher; (4) Prohibits the public employer from making reductions in teachers or nonteaching employees for any applicable reason specified in statute or in a policy adopted under statute; (5) Restricts the authority of the public employer, when making personnel reductions, to determine the order of layoffs; (6) Restricts the authority of the public employer to acquire noneducational services from another public or private entity through competitive bidding; (7) Restricts the authority of the public employer to acquire any products, programs, or services per statute; (8) Otherwise relinquishes, impairs, or restricts the managerial rights and responsibilities of the public employer. Requires collective bargaining agreements between such an education-related public employer and public employees to comply with all applicable state or local laws or ordinances regarding wages, hours, and terms and conditions of employment, unless the conflicting provision establishes benefits that are less than provided in the law or ordinance. --Dispute resolution procedures, strikes, and unfair labor practices: Revises collective bargaining dispute resolution procedures. Requires the employer and the State Employment Relations Board to post in a conspicuous location on the web site maintained by the board and the employer the terms of the last collective bargaining agreements offered by the employer and the exclusive representative at specific times. Revises the factors that a person or group administering an alternate dispute resolution procedure must take into account. If either party rejects a fact finding panel's recommendations, permits the public employer to implement, in whole or in part, any of those recommendations that have been approved by the appropriate legislative authority. Removes the mandatory final offer settlement conciliation procedure for public employees who do not have the right to strike. Requires a public employer to report certain information about compensation paid to public employees under a collective bargaining agreement. Specifies that expressions of views, opinions, and arguments are not unfair labor practices, and cannot be used as evidence of such, without a threat. Revises what constitutes an unfair labor practice. Revises the procedures for hearing an unfair labor practice complaint. Repeals the provision requiring the Public Employee Collective Bargaining Law to be liberally construed. --Public employee pay: Does away with salary schedules and replaces with salary "ranges." Requires performance-based pay for teachers and nonteaching school employees. Requires a school board to measure performance by considering the level of license the teacher holds, whether the teacher is a "highly qualified teacher," the value-added measure the board uses to determine the performance of the students assigned to the teacher's classroom, the results of the teacher's performance evaluations or peer reviews (see Section 3317.13). --Public employee benefits: Caps vacation leave at 7.7 hours per biweekly pay period. Reduces sick leave accrual for most public employees from 4.6 hours to 3.1 hours per biweekly pay period. Limits public employer contributions toward health care benefit costs to 85%. Requires health care benefits provided to management level employees to be the same as any health care benefits provided to other employees of the same public employer. Requires boards of education to adopt policies to provide leave with pay for school employees not covered by a collective bargaining agreement, and abolishes statutorily provided leave for teachers and nonteaching school employees. Abolishes continuing contracts for teachers, except for those continuing contracts in existence prior to the effective date of the bill and revises the law relating to limited contracts. Prohibits a public employer from paying employee contributions to the five public employee retirement systems. Requires health care benefits provided through a jointly administered trust fund to be the same as the health care benefits provided to other public employees. Reduction in force: Prohibits a school district financial planning and supervision commission from using seniority as the only factor when making reductions in nonteaching employees. Prohibits a public employer from violating Ohio or federal civil rights law when conducting a reduction in force. Bill text: http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf Bill summary: http://www.lsc.state.oh.us/analyses129/s0005-rs-129.pdf Title: S.B. 5 - Collective Bargaining, Strikes, Dispute Resolution Section Source: www.legislature.state.oh.us MI Signed into law 03/2011 P-12 Amends the Public Employment Relations Act to do the following: -- Require a new collective bargaining agreement between a public employer and public employees to include a provision allowing an emergency manager to reject, modify, or terminate the agreement. -- State that the provision required by the bill would be a prohibited subject of bargaining. -- Specify that collective bargaining agreements could be rejected, modified, or terminated pursuant to the Local Government and School District Fiscal Accountability Act. -- Provide that the public employment relations Act would not confer a right to bargain that would infringe on the exercise of powers under the proposed Act. -- Exempt a local government from collective bargaining requirements during the term of a consent agreement entered into under the proposed Act. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0009.htm Title: S.B. 158 Source: http://www.legislature.mi.gov UT Signed into law 03/2011 P-12 Requires that an employer promptly cease or commence a union dues wage deduction upon the written request of the employee. States that an employee's request to cease a union dues wage deduction may not be conditioned on the labor organization's advance notice or consent. States that a labor organization is not liable to an employee for any claim, service or benefit that is available only to a member of the organization if the employee requests cessation of union dues wage deductions. Provides an employee may join a labor organization or terminate membership at any time, and that restrictions may not be placed on the time that an employee may join or terminate membership with a labor organization. States that the rights described in this bill cannot be waived. http://le.utah.gov/~2011/bills/sbillenr/sb0206.pdf Title: S.B. 206 Source: le.utah.gov UT To governor 03/2011 P-12 Prohibits a local school board from granting paid association leave for an employee to perform an employee association or union duty. Permits a local board to grant paid association leave for an employee to perform an association or union duty if (1) the duty will directly benefit the school district, including representing the school district's licensed educators on specified boards or committees, or at certain workshops or meetings, (2) the duty does not include political activity, and (3) the local board ensures compliance with specified policies. Requires reimbursement to a school district of the costs for an employee, including benefits, for the time that an employee is on unpaid association leave, or participating in a paid association leave activity that does not provide a direct benefit to the school district. Provides that for a district that allowed association leave prior to January 2011, the district may allow up to 10 days of association leave before requiring a reimbursement. Provides that such reimbursement may be made by an employee, association or union. http://le.utah.gov/~2011/bills/hbillenr/hb0183.pdf Title: H.B. 183 Source: le.utah.gov ID Signed into law 03/2011 P-12 Section 33-515 states that it is the intent of the legislature that after January 31, 2011, no new employment contract between a school district and a certificated employee shall result in the vesting of tenure, continued expectations of employment or property rights in an employment relationship. Therefore, no board of trustees has the authority to enter into any renewable contract with any certificated or other employee hired by such district, except as specifically addressed by section 33-515 and 33-514 (3), Idaho Code. For any certificated employees already holding renewable contract status with a district as of January 31, 2011, the employees have the right to the continued automatic renewal of that employee's employment contract. For those employees not grandfathered in, there are two categories of annual contracts. A category A contract is a limited -year contract for certificated personnel in the first or greater years of continuous employment with the same district. A category B contract is a limited 2-year contract that may be offered at the sole discretion of the board of trustees who may choose to add an additional year to such a contract upon the expiration of the first year, resulting in a new 2-year contract. For employees whose contracts will not -- at the board's discretion -- be renewed, notice must be provided to the employee in writing by July 1. Employees must be given, upon request, the opportunity for an informal review of such a decision by the board of trustees. Provides other provisions relating to reductions in force; and to provisions relating to contract negotiations and establishing contracts. Part 2 of 3 part Children Come First legislation. http://legislature.idaho.gov/legislation/2011/S1108.pdf Title: S.B. 1108 Source: http://legislature.idaho.gov/ WI Signed into law 03/2011 P-12 Postsec. Prohibits bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any factor or condition of employment except wages. http://legis.wisconsin.gov/2011/data/acts/11Act10.pdf Wages would include only total base wages and would exclude any other compensation, including, but not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions. Unless approved by referendum as described below, prohibits any increase in base wages that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the increase in the consumer price index. Unless approved by referendum as described below, prohibit any increase in base wages that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the increase in the consumer price index. Provides that, if a local governmental unit (this includes technical college districts, local cultural arts district, or any other political subdivision of the state) wishes to increase the total base wages of its general municipal employees in an amount that exceeds these CPI limits, the governing body of the local governmental unit must adopt a resolution to that effect. The resolution must specify the amount by which the proposed total base wages increase will exceed the CPI limit. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum must occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement. These referendum provisions would also apply to elementary and secondary school districts, except that the referendum would occur in April for collective bargaining agreements that begin in July of that year. For state employees, a statewide referendum would be required, but there is no specification of the timing of the referendum or the required ballot language. Provide that no local governmental unit, or any school district, except as provided under the Municipal Employment Relations Act (MERA), may collectively bargain with its employees. If a local governmental unit has in effect, on the effective date of the bill, an ordinance or resolution that is inconsistent with this requirement, the ordinance or resolution would not apply and may not be enforced. Each local governmental unit that is collectively bargaining with its employees would be required to determine the maximum total base wages expenditure that is subject to collective bargaining under the provisions of the bill. Expressly prohibits strikes. Repeals collective bargaining for the University of Wisconsin System. For more details, see page 39+ of the following: http://legis.wisconsin.gov/lfb/2011-13Bills/2011_03_10_WILeg_CC.pdf Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement, an employer may not offer a health care coverage plan to its employees if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection. Some provisions distinguish between public safety employees (firefighters, police) and general municipal employees (includes teachers). Limits negotiated agreements to one year and specifies that they are subject to renegotiation (was four years). Teachers are considered municipal employees and municipal employees have the right to refrain from paying dues while remaining a member of a collective bargaining unit. Full text: https://docs.legis.wisconsin.gov/2011/related/acts/10.pdf Title: Act 10 (A.B. 11) Source: http://legis.wisconsin.gov/2011/data/acts/11Act10.pdf MI Signed into law 12/2010 P-12 Provides an exception to the statutory requirement that a school board adopt and implement a performance evaluation system, if a collective bargaining agreement that prevented compliance with that requirement were in effect on January 4, 2010, until that agreement expired. Requires school districts, intermediate school districts, or public school academies to continue to conduct the evaluations for school principals that are currently required by the state department of education through the 2010-2011 school year. At the end of the 2010-2011 school year, a school district, intermediate school district, or public school academy must report the most recently completed or determined "effectiveness label" from that evaluation for each principal who is in place for 2010-2011, in a form and manner prescribed by the state department of education. http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2010-PA-0336.htm Title: S.B. 1509 Source: http://www.legislature.mi.gov MD Signed into law 04/2010 P-12 This bill establishes a Public School Labor Relations Board (PSLRB) to administer and enforce the labor relations laws for local boards of education and their employees. The authority of the State Board of Education to decide public school labor relations disputes and the authority of the State Superintendent of Schools to declare labor impasses are repealed. The bill also repeals the authority of the local boards of education to make final determinations of matters that have been the subject of negotiation. By July 1, 2014, PSLRB must report on the the implementation of the bill. The bill takes effect July 1, 2010, and terminates June 30, 2015. http://mlis.state.md.us/2010rs/bills/sb/sb0590e.pdf http://mlis.state.md.us/2010rs/bills/hb/hb0243t.pdf Title: S.B. 590/H.B. 243 Source: Lexis-Nexis/StateNet IA Signed into law 03/2010 P-12 Community College Concerns public employee collective bargaining; provides that one of the powers and duties of the public employment relations board (PERB) is to represent the board in court; provides for prohibited practices; relates to decertification; provides that parties who by agreement are utilizing a cooperative alternative bargaining process may exchange their respective initial interest statements in lieu of initial bargaining positions at these open sessions; provides for community college employee bargaining. http://coolice.legis.state.ia.us/linc/HF2485_Enrolled.pdf Title: H.B. 2485 Source: http://coolice.legis.state.ia.us MI Signed into law 01/2010 P-12 Part of Michigan's Race to the Top Legislation. Beginning in 2010, not later than September 1 of each year, the state superintendent is required to publish a list of the lowest achieving 5% of all public schools. Once a building is identified as being in the lowest 5%, the superintendent must issue an order placing those buildings under the supervision of the newly created state school reform and redesign officer (RRO). Within 90 days of receiving this order, the local school board must submit a redesign plan to the RRO. The plan must implement one of the 4 intervention models provided for in the American Recovery and Reinvestment Act (ARRA). The 4 models are: turnaround, restart, closure and transformation. The plan must also include an addendum to the collective bargaining agreement to alter any seniority system in place and suspend the work rules to allow for longer school days or years in the event that those methods are determined to be necessary for success. If the RRO denies a plan or determines that a previously approved plan isn't working adequately, the school may be placed into the newly formed State School Reform and Redesign District. The RRO would then act as the superintendent of the district and impose one of the intervention models at the beginning of the next school. The RRO also may impose modifications to the collective bargaining agreement. The RRO may appoint a chief executive officer to administer a school or several school buildings at once. http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2009-PA-0204.htm Title: H.B. 4787 - Sec. 1280c Source: http://www.legislature.mi.gov MI Signed into law 01/2010 P-12 Part of Michigan's Race to the Top Legislation. Provides for changes in collective bargaining act to allow more flexibility in failing schools; provides that collective bargaining between schools and bargaining representatives shall not include the decision of whether or not to contract with a third party for noninstructional support services; provides that if a public school is placed in the state school reform/redesign school district or is placed under a chief executive officer then that officer is the employer for purposes of collective bargaining. http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2009-PA-0201.htm Title: H.B. 4788 Source: http://www.legislature.mi.gov IL Signed into law 11/2009 P-12 Requires the Labor Relations Board to employ a specified number of attorneys and investigators. Provides that evidence submitted to the board concerning an employee's choice of an employee organization is confidential. Specifies the time period within which a hearing to resolve issues of representation must be concluded. Modifies the procedure for selecting an arbitrator. http://www.ilga.gov/legislation/publicacts/96/PDF/096-0813.pdf Title: H.B. 2445 Source: Lexis-Nexis/StateNet UT Adopted 09/2009 P-12 Requires each local school board and charter school governing board to provide written assurance assurances that the board has: (1) Implemented an electronic device (cell phones and pagers) policy consistent with state board rule (2) Posted collective bargaining agreement(s) on the school district or charter school Web site within 10 days of the ratification or modification of any collective bargaining agreement (3) By May 15, 2010, posted certain public financial information on the school district or charter school Web site consistent with state statute. http://www.rules.utah.gov/publicat/bulletin/2009/20090701/32729.htm Title: R277-108-5 Source: www.rules.utah.gov IL Signed into law 08/2009 P-12 Requires school districts to post on their Web site an itemized salary compensation report for every administrative employee in the district, including the superintendent. Requires the report to include base salary, bonuses, pension contributions, retirement increases, the cost of health insurance, the cost of life insurance, paid sick and vacation day payouts, annuities and any other form of compensation or income paid on behalf of the employee. Requires the report to be presented at a regular board meeting. Provides that copies must be available to any individual requesting them. Requires every district to post online the contract the board enters into with an exclusive bargaining representative. http://www.ilga.gov/legislation/96/SB/PDF/09600SB2270lv.pdf Title: S.B. 2270 Source: www.ilga.gov/legislation/ IL Signed into law 07/2009 P-12 Requires that a charter school comply with all provisions of the Educational Labor Relations Act. Provides that "educational employer" under the Educational Labor Relations Act includes the governing body of a charter school, a contract school or contract turnaround school or a subcontractor of instructional services of a school district, combination of school districts, charter school, or contract school or contract turnaround school. Specifies that "educational employer" under the Educational Labor Relations Act does not include an approved nonpublic special education facility that contracts with a school district or combination of school districts to provide special education services. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1984lv.pdf Title: S.B. 1984 Source: www.ilga.gov WI Signed into law 07/2009 P-12 Relates to the Municipal Employment Relations Act (MERA); provides for school districts and preparation time for teachers. From Legislative Reference Bureau analysis: This bill creates a new mandatory subject of collective bargaining under MERA in school districts. Under the bill, in a school district, the employer is required to bargain collectively with respect to time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties. http://www.legis.state.wi.us/2009/data/AB-95.pdf Title: A.B. 95 Source: http://www.legis.state.wi.us/2009/data/AB-95.pdf OH Signed into law 07/2009 P-12 Defines "independent child care provider" as either a licensed provider who does not meet the definition of "employee" under the National Labor Relations Act, or a certified or licensed provider or in-home aide who is not a county or state employee. Authorizes independent child care providers to: (1) Form, join, assist or participate in any representative organization of their choosing (2) Engage in additional concerted activities for purposes of collective bargaining or other mutual aid and protection (3) Be represented by a representative organization (4) Bargain collectively with the state to determine wages, hours, terms, other conditions of employment within the state's control, the amendment of existing collective bargaining provisions, and enter into a collective bargaining agreement (5) Present grievances and have them adjusted without the intervention of the representative organization, within the parameters of the terms of the collective bargaining agreement. Provides that a representative organization shall become the exclusive collective bargaining representative of all independent child care providers by either filing a request with the state to be recognized as an exclusive representative, or by being certified by an impartial election monitor as described in the governor's executive order 2008-02S for independent child care providers. Specifies the supporting evidence that must be included in a representative organization's request for recognition as the exclusive collective bargaining representative for independent child care providers in the state. Bars the state from recognizing another representative organization as the exclusive representative if a lawful written agreement, contract or memorandum of understanding between the state and another representative organization has been recognized by the state. Requires all matters pertaining to wages, hours, terms and other conditions of employment within the state's control and the continuation or amendment of any existing collective bargaining agreement to be subject to collective bargaining between the state and the exclusive representative. Provides that all of the aforementioned provisions must remain in effect until the end of the current governor's term in office as governor. Pages 3081-3084 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 741.01, 741.02, 741.03, 741.04, 741.05, 741.06 and 741.07 Source: www.legislature.state.oh.us WI Signed into law 06/2009 P-12 Provides that no collective bargaining agreement covering school district employees may exceed four years. Also provides that upon the expiration date of any collective bargaining agreement, two or more collective bargaining units of school district employees must be combined if a majority of employees voting in each collective bargaining unit vote to combine. Page 454 and 456 of 692: http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf Title: A.B. 75 Source: www.legis.state.wi.us WI Signed into law 06/2009 Postsec. Enacts provisions related to labor relations and collective bargaining for faculty and academic staff at the University of Wisconsin. Establishes definitions, rights of employees to bargain collectively, and duties of the state, including the duty of the board of regents of the University of Wisconsin System to establish a collective bargaining capacity. Establishes collective bargaining units for specified groups. Adopts provisions related to selection of representatives and elections. Identifies specific unfair labor practices. Adopts provisions pertaining to fair-share and maintenance of membership agreements; grievance arbitration; mediation; fact-finding. Prohibits strikes. Enumerates management rights. Identifies areas that may or may not be bargained upon. Pages 459-468 of 692: http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf Title: A.B. 75 Source: www.legis.state.wi.us UT Signed into law 03/2009 P-12 Requires a local board or charter school board to post a collective bargaining agreement entered into by the board on the school district's or charter school's Web site within 10 days of ratification of the agreement. http://le.utah.gov/~2009/bills/hbillenr/hb0210.pdf Title: H.B. 210 Source: Lexis-Nexis/StateNet KS Signed into law 03/2009 P-12 Relates to teachers and teachers' contracts. Chapter 2009-72 http://www.kslegislature.org/bills/2010/290.pdf Title: S.B. 290 Source: http://www.kslegislature.org/ ME Signed into law 04/2008 P-12 Removes language from the regional school unit authorization laws requiring the merger of bargaining units on a regional school unit-wide basis and enacts new provisions preserving existing bargaining units, existing collective bargaining agents and existing collective bargaining obligations; extends the deadline for the merger of bargaining units represented by different collective bargaining agents. http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280026143&LD=1931&Type=1&SessionID=7 Title: S.B. 738 Source: http://janus.state.me.us/legis/ WA Signed into law 03/2008 Postsec. Authorizes student employees of Washington State University (WSU) to engage in collective bargaining. New bargaining units are to include graduate teaching assistants, staff assistants, project assistants, veterinary assistants and tutors, readers and graders. Excluded from the new bargaining units are graduate research assistants (and employees like them) who perform research primarily related to their dissertation and who have little to no service expectations placed upon them by the university. The scope of bargaining for WSU student employees does not include the ability to terminate an employee not meeting academic requirements set by the university, the amount of tuition or fees at WSU, the academic calendar nor the number of students admitted to a particular class. Compensation from a collective bargaining agreement may not exceed limits established by the legislature. http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/2963-S.SL.pdf Title: H.B. 2963 Source: http://www.leg.wa.gov/legislature DE Signed into law 03/2008 P-12 Adds a new provision to the Public School Employment Relations Act. Provides a procedure for more effective dispute resolution procedures for issues that arise in negotiating a collective bargaining agreement. Provides that the decision of the interest arbitrator is to be adopted in its entirety by the Public Employment Relations Board. http://legis.delaware.gov/LIS/LIS144.nsf/vwLegislation/HB+283?Opendocument Title: H.B. 283 Source: http://legis.delaware.gov/ RI Signed into law 07/2007 P-12 Adds labor and labor relations, negotiating collective bargaining agreements, and employee contract analysis to the professional development program for Rhode Island school committees. offered by Rhode Island College and the Rhode Island Association of School Committees. Title: H.B. 5286 Source: Lexis-Nexis/StateNet WI Signed into law 06/2007 P-12 Relates to ratification of the agreement negotiated between the state of Wisconsin and the Wisconsin Education Association Council, for the 2007-09 biennium, covering employees in the professional education collective bargaining unit, and authorizing an expenditure of funds. The general effective date of the Act is June 7, 2008. http://www.legis.state.wi.us/2007/data/lc_act/act235-sb581.pdf Title: S.B. 581 Source: http://www.legis.state.wi.us WA Signed into law 04/2007 P-12 Under the Public Employees' Collective Bargaining Act (PECBA), the maximum allowable term for collective bargaining agreements between cities, counties, municipal corporations, and school districts and their respective employees is increased from three to six years. http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Session%20Law%202007/5251.SL.pdf Title: S.B. 5251 Source: http://www.leg.wa.gov WA Signed into law 04/2007 Postsec. The Public Employees Collective Bargaining Act is made applicable to employees of institutions of higher education who are exempt from civil service under the PSRA, with the following exceptions: • executive employees and their principal assistants; • certain managers; • confidential employees; and • certain employees involved in personnel or labor relations matters or tort actions. Summary of substitute bill: http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bill%20Reports/Senate/2361-S.SBR.pdf Title: H.B. 2361 Source: http://www.leg.wa.gov/ UT Signed into law 03/2007 P-12 Requires school districts and charter schools to allow education employee associations equal access regarding distribution of information to teachers' or employees' physical or electronic mailboxes, and membership solicitation at new teacher or employee orientation; prohibits school districts and charter schools from establishing or maintaining procedures that favor one education employee association over another, or explicitly or implicitly endorsing an education employee association; prohibits a school's calendars and publications from referring to the name of any education employee organization in reference to any break in the school calendar. http://le.utah.gov/~2007/bills/sbillenr/sb0056.htm Title: S.B. 56 Source: http://www.le.state.ut.us/ CA Signed into law 08/2006 P-12 Prohibits the transferring of a teacher who requests to be transferred to a school offering kindergarten or any of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3, inclusive, on the Academic Performance Index if the principal of the school refuses to accept the transfer. Prohibits a school district board from adopting a policy or regulation regarding priority of a teacher requesting that a school over certified individuals applying for positions at that school. Relates to collective agreements. http://www.leginfo.ca.gov/pub/bill/sen/sb_1651-1700/sb_1655_bill_20060824_enrolled.pdf Title: S.B. 1655 Source: California Legislature WI Signed into law 05/2006 P-12 Relates to ratification of the agreement negotiated between the state and the Education Association Council, for the 2005-07 biennium, covering employees in the professional education collective bargaining unit; authorizes an expenditure of funds. http://www.legis.state.wi.us/2005/data/acts/05Act376.pdf/2005/data/SB-710.pdf Title: Act No. 376 Source: Lexis-Nexis/StateNet WI Signed into law 05/2006 Postsec. Relates to ratification of the agreement negotiated between the state and the Teaching Assistants' Association, AFT, Local 3220, AFL-CIO, for the 2003- 05 biennium, covering employees in the program, project, and teaching assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension collective bargaining unit; authorizes an expenditure of funds. http://www.legis.state.wi.us/2005/data/acts/05Act373.pdf Title: Act No. 373 Source: Lexis-Nexis/StateNet WI Signed into law 05/2006 P-12 Relates to ratification of the agreement negotiated between the state and the Wisconsin Education Association Council, for the 2003-05 biennium, covering employees in the professional education collective bargaining unit; authorizes an expenditure of funds. http://www.legis.state.wi.us/2005/data/acts/05Act375.pdf Title: Act No. 375 Source: Lexis-Nexis/StateNet WI Signed into law 05/2006 Postsec. Community College Relates to ratification of the agreement negotiated between the state and the Teaching Assistants' Association, AFT, Local 3220, AFL-CIO, for the 2005- 07 biennium, covering employees in the program, project, and teaching assistants of the University of Wisconsin-Madison and University of Wisconsin- Extension collective bargaining unit authorizes an expenditure of funds. http://www.legis.state.wi.us/2005/data/acts/05Act374.pdf Title: Act No. 374 Source: Lexis-Nexis/StateNet WI Signed into law 05/2006 Postsec. Relates to ratification of the agreement negotiated between the state and the Milwaukee Graduate Assistants Association, AFT/WFT, Local 2169, AFL- CIO, for the 2005-07 biennium, covering employees in the program, project, and teaching assistants of the University of Wisconsin-Milwaukee collective bargaining unit; authorizes an expenditure of funds. http://www.legis.state.wi.us/2005/data/acts/05Act384.pdf Title: Act No. 384 Source: Lexis-Nexis/StateNet VT Signed into law 05/2005 P-12 Teachers have the right to or not to join, assist, or participate in any teachers' organization of their choosing, but teachers or administrators may be required to pay an agency fee pursuant to a negotiated agreement. Authorizes an agency fee to be included as an item of negotiation. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/bills/passed/H-299.HTM Title: H.B. 299 Source: http://www.leg.state.vt.us OK Signed into law 05/2005 P-12 No school district, employee of a school district, or employee organization can deny by any means, including a collective bargaining agreement, a statewide professional educators' association equal access to employees of the school district, to the same extent that access is granted to other educators' associations. For purposes of this section, access shall include, but is not limited to: 1. Setting up informational tables at in-service or other similar teacher meetings; 2. Speaking at in-service or other similar teacher meetings; 3. Distributing information in school mail boxes or through the school e-mail system; 4. Utilizing school district meeting rooms during nonworking hours; 5. Representing employees in employment matters, when requested by the employee; 6. Posting information on school district bulletin boards; and 7. Utilizing school district printing services. Any association which utilizes school district facilities or services shall reimburse the district for any costs incurred by the district. http://www2.lsb.state.ok.us/2005-06SB/sb982_enr.rtf Title: S.B. 982, Section 12 Source: http://www2.lsb.state.ok.us/ WA to governor 04/2005 P-12 Collective Bargaining - Bargaining Unit Determination - Requires the Public Employment Relations Commission (PERC), when determining bargaining units of classified school employees, to consider the avoidance of excessive fragmentation. Prohibits the PERC from dividing an existing bargaining unit without the agreement of the bargaining representative and the school district. Title: H.B. 1432 Source: http://www.leg.wa.gov WA To governor 04/2005 P-12 For classified employees appropriate bargaining units existing on the effective date of this section may not be divided into more than one unit without the agreement of the public employer and the certified bargaining representative of the unit; and (b) In making bargaining unit determinations under this section, the commission must consider, in addition to the factors listed in subsection (1) of this section, the avoidance of excessive fragmentation. http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Passed%20Legislature/1432.PL.pdf Title: H.B. 1432 Source: http://www.leg.wa.gov DE Rule Adoption 01/2005 P-12 Amends regulation relating to professional employee work stoppage or strike by adding charter schools to the regulation. Title: 14 DAC 714 Source: StateNet CA Signed into law 09/2003 P-12 Community College Requires the governing board of a school district and the governing board of a community college district that collect or deduct dues, agency fees, fair share fees, or any other fee or amount of money from an employee's salary for the purpose of transmitting the money to an employee organization, to transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction. Prohibits compliance waivers. http://www.leginfo.ca.gov/pub/bill/asm/ab_0301-0350/ab_310_bill_20030909_chaptered.html Title: A.B. 310 Source: California Legislative Web site CA Signed into law 08/2003 Postsec. Provides the circumstances under which the Public Employment Relations Board is authorized to conduct a representation election. Requires, if an employee organization provides proof of support of more than 50% of the members of the appropriate bargaining unit of a State institution of high education, and no other employee organization has proof of support of at least 30% of those members, then the organization providing proof of support is to be certified. http://www.leginfo.ca.gov/pub/bill/asm/ab_1201-1250/ab_1230_bill_20030811_chaptered.html Title: A.B. 1230 Source: California Legislative Web site IL Signed into law 08/2003 Postsec. Amends the Labor Relations Act to restore a provision that provides the sole appropriate bargaining unit for academic faculty at the University of Illinois will be a unit comprised of non-supervisory academic faculty employed more than half-time and that includes all tenured, tenure- track, and nontenured-track faculty employed by the University's board of trustees. Makes provisions regarding college of dentistry, law and veterinary bargaining units. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=1360&GAID=3&DocTypeID=SB&LegID=4379&SessionID=3 Title: S.B. 1360 Source: Illinois Legislative Web site IL Signed into law 08/2003 P-12 Amends the Illinois Public Labor Relations Act and the Educational Labor Relations Act. Provides that the respective Boards shall designate a collective bargaining representative, ascertain the employees' choice of employee organization in the case of a dispute, conduct an election if the dues deduction authorizations are fraudulent, and investigate a party's allegations that the authorizations were changed. Provides for recognition of labor organization. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0444 Title: H.B. 3396 Source: Illinois Legislative Web site CA Signed into law 08/2003 P-12 Revises the definition of confidential employee to mean any employee who is required to develop or present management positions with respect to confidential information that is used to contribute significantly to the development of management positions. Deletes the authority of a public school employer to withhold recognition of an employee organization by requiring that a representation election be conducted. Makes conforming and related changes. http://www.leginfo.ca.gov/pub/bill/sen/sb_0251-0300/sb_253_bill_20030804_chaptered.html Title: S.B. 253 Source: California Legislative Web site IL Signed into law 07/2003 P-12 Provides if a teacher is elected to serve as an officer of a state or national teacher organization that represents teachers in collective bargaining negotiations, then the school board shall grant the teacher a leave of absence of up to 6 years or the period of time the teacher serves as an officer, whichever is longer. http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=230 Title: S.B. 230 Source: Illinois Legislative Web site AK Signed into law 06/2003 P-12 Relates to strikes by employees of a municipal school district, a regional educational attendance area or a state boarding school; requires notice of at least 72 hours of a strike by those employees. http://www.legis.state.ak.us/basis/get_bill.asp?session=23&bill=sb95 Title: S.B. 95 Source: Alaska Legislative Web site DE Signed into law 06/2003 P-12 Requires that collective bargaining agreements between public school employers and employees include binding arbitration provisions; limits the matters which may be processed through binding arbitration; provides for a panel of arbitrators consisting of retired judges and supplemented by labor arbitration. http://www.legis.state.de.us/LIS/LIS142.NSF/db0bad0e2af0bf31852568a5005f0f58/6533b19a4e4572fa85256d410073d28a/$FILE/Engross.html Title: H.B. 1 Source: Delaware Legislative Web site NJ Signed into law 06/2003 P-12 Provides collective negotiation procedures for school employee contracts, prohibits imposition of such contracts. Title: A.B. 3419 Source: StateNet NV Signed into law 06/2003 P-12 Revises provisions governing the qualifications required of certain teachers in core academic content areas, and for paraprofessionals in Title I Schools, as required for compliance with the federal No Child Left Behind Act. A new middle school license is authorized to comply with the federal law. Further, each school district must develop a plan to ensure students in schools receiving federal Title I funds are being taught by experienced teachers. Senate Bill 1 also revises existing provisions governing regional professional development training programs for teachers and administrators and provides for additional duties for the Statewide Coordinating Council for these regional training programs. The act also revises various other provisions governing education to comply with the federal No Child Left Behind Act of 2001 and repeals certain provisions related to the current system of accountability. In addition, the measure clarifies that no provisions will supersede, negate, or limit collective bargaining agreements. (114 page bill) http://www.leg.state.nv.us/19thSpecial/bills/SB/SB1_EN.pdf Title: S.B. 1 (Omnibus Bill) Source: Research Division, Legislative Counsel Bureau Summary NM Signed into law 06/2003 P-12 Reestablishes collective bargaining in New Mexico. Covers all public employees, including teachers. Allows public employers other than the state to create a local board similar to the public employee labor relations board. Bargaining units are to be established on the basis of occupational groups or clear and identifiable communities of interest. These groups are generally identified as blue-collar, secretarial clerical, teechnical, professional, paraprofessional, police, fire and corrections. Title: 10-7E-1 Source: 10-7E-1 IA Vetoed 05/2003 P-12 Authorizes school districts, upon a teacher or administrator's written request, to deduct a specified amount from the teacher or administrator's salary to pay fees for membership in not-for-profit professional education associations. Requires that if a written request is granted, all other written requests for salary or wage deductions for payment of dues or membership fees for membership in the same not-for-profit, professional education association must also be granted. http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/SF/00100/SF00173/030424.html Title: S.F. 173 Source: www.legis.state.ia.us MD Signed into law 05/2003 P-12 Includes supervisory noncertificated employees in the definition of public school employee as it applies to provisions that relate to organizations of employees in Baltimore County. States that of three permitted organizations in Baltimore County to be exclusive representative of all public school employees in a county, one organization must represent school administrators and one must represent supervisory noncertificated employees. Authorizes only three nonsupervisory units in addition to a specified supervisory unit established by the act. http://mlis.state.md.us/2003rs/bills/hb/hb0778t.rtf Title: H.B. 778 Source: mlis.state.md.us HI Vetoed 04/2003 P-12 Creates a collective bargaining unit for substitute teachers of the Department of Education, including part-time employees working less than one- half of a full-time equivalent. Allows the members of bargaining unit (14) to strike. Prohibits bargaining over wages as long as the wages of these employees are established in law. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb1426_.htm; http://www.capitol.hawaii.gov/site1/docs/getstatus2.asp?billno=SB1426 Title: S.B. 1426 Source: Hawaii Legislative Web site AR Signed into law 04/2003 P-12 Amends Arkansas Code to provide for procedures to the Grievance Law; provides that a group of school employees who have the same grievance may file a group grievance; defines grievance to be a concern relating to personnel policy, salary, federal or state laws and regulations, or terms or conditions of employment. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/SB913.pdf Title: S.B. 913 Source: Arkansas Legislative Web site MN Signed into law 04/2003 P-12 Specifies that any provision of a collective bargaining agreement or compensation plan in the section and that provides a benefit based on a person's status as a domestic partner of a state employee is not ratified and must not be implemented. Adds that if a collective bargaining agreement or compensation plan in this section provides for sick leave with pay, an employee must be granted sick leave with pay, to the extent of the employee's accumulation of sick leave, for absences under specified circumstances. Specifies that the sick leave with pay benefit for absences specified above is not a replacement for any other sick leave benefit provided for in the collective bargaining agreement or compensation plan as ratified in this section. http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF0293&session=ls83&version=latest&session_number=0&session_year=2003 Title: S.F. 293 Source: www.revisor.leg.state.mn.us UT Signed into law 03/2003 P-12 Section 53A-3-411 prohibits local boards from entering into a collective bargaining agreement that prohibits or limits individual contracts of employment. (Contract terms were already limited to no more than five years.) Defines alternative certification to include competency-based licensure. Section 53A-6-104.5 defines competency-based licensing. Local boards or charter schools may request a competency-based license for a person who meets the following qualifications: elementary staff must hold at least a bachelor's degree and have demonstrated, by passing a rigorous state test, subject knowledge and teaching skills in core areas of the elementary curriuclum; middle or secondary candidates must hold at least a bachelor's degree and have demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by passing a rigorous state academic subject test in each area taught and completed an academic major, graduate degree, course work equivalent to an undergraduate academic major, or advance certification in subjects taught. A license candidate who teaches subjects other than a core academic subject at any level must hold a bachelor's degree, associate's degree or skill certification; and have skills, talents, or abilities, as evaluated by the employing entity, that make the person suited for the teaching position. Section 53A-8-106 says that employees holding competency-based licenses are at-will employees and are not eligible for career employee status (unless they hold a level 1, 2 or 3 license.) http://www.le.state.ut.us/~2003/bills/sbillenr/sb0154.pdf Title: S.B. 154 (Omnibus Bill) Source: http://www.le.state.ut.us IL Signed into law 03/2003 P-12 Provides that amendatory Act may be referred to as the Chicago Education Reform Act of 2003. Amends requirements for Chicago area charter schools. Amends the School Code and the Illinois Educational Labor Relations Act. Requires the Chicago Board of Education and the chief executive officer to enter into a partnership agreement with the Chicago Teachers Union with regard to advancing student achievement. http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=19 Title: S.B. 19 Source: State legislative web site VA Signed into law 03/2003 P-12 Relates to timelines for decisions and appeals of teacher grievances; clarifies that a school board has a specified amount of time to initiate another hearing after receipt of a fact-finding panel's decision, determine grievability after the following of a grievance, and transmit a notice of appeal of its decision on grievability to the clerk of the relevant court. Title: H.B. 1790 Source: StateNet MD Signed into law 05/2002 P-12 Alters the matters which may be negotiated by a public school employer or its designated representatives and certain employee organizations; prohibits a public school employer from negotiating certain matters; providing that certain matters may not be raised in an action to resolve an impasse; redefines public school employer to eliminate certain exceptions; repealing certain exceptions relating to noncertificated employees. http://mlis.state.md.us/2002rs/bills/sb/sb0233t.rtf Title: S.B. 233 Source: Lexis-Nexis/StateNet FL Signed into law 05/2002 Postsec. According to legislative summary, "The bill eliminates from current law the collective bargaining limitation on awarding equivalent teaching service." Eliminates requirement that student representative be present at all collective bargaining negotiations. Eliminates exemption giving reimbursement of travel expenses and per diem for student representatives. See bill section 1007, page 1748, line 13 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf Title: S.B. 20E Source: http://www.leg.state.fl.us TN Became law without GOVERNOR'S signature. 05/2002 P-12 Amends the Professional Negotiations Act. The "terms and conditions of professional service" or "working conditions" of professional employees are those fundamental matters that affect a professional employee financially or the employee's employment relationship with the board of education. While a board of education is not required to agree or concede to any proposal, good faith negotiations of terms and conditions of employment or working conditions of employees shall be undertaken, provided that no proposal may directly prevent the director of schools from transferring faculty and staff to address performance and accountability deficiencies as identified by state accountability standards. Basic education policy shall not be a mandatory subject of negotiations. "Basic education policy" shall be defined to include such things as the content of the curriculum, teaching strategies, class offerings, student placement and other things related to the policy's effect on the school system's overall ability to meet and maintain the state's student performance standards. Title: S.B. 467 Source: http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0683.pdf TN Became law without governor's signature 04/2002 P-12 Amends the Education Professional Negotiations Act to define working conditions of professional employees and allows a liberal interpretation of the term unless the proposed area of bargaining impinges so indirectly upon matters of employment as to require the exclusion of the subject from the area of mandatory bargaining. Title: S.B. 467, H.B. 1913 Source: http://www.legislature.state.tn.us/bills/currentga/Summary.asp?BillNumber=SB0467 WA Signed into law 04/2002 Postsec. Provides for collective bargaining at four-year institutions of higher education by establishing a uniform structure for recognizing the right of faculty of the public four-year institutions of higher education to engage in collective bargaining as provided, if they should so choose. Title: H.B. 2403 Source: http://www.leg.wa.gov/ WA Signed into law 03/2002 Postsec. Relates to collective bargaining for University of Washington employees who are enrolled in academic programs; permits certain categories of predoctoral instructors, lecturers and teaching assistants to participate in collective bargaining. Title: H.B. 2540 Source: Lexis-Nexis/StateNet RI Became law without GOVERNOR'S signature 06/2001 Postsec. (Joint Resolution) Extends the reporting date of the special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors from January 27, 2001 to January 29, 2002 and said commission shall expire on March 29, 2002. Title: H.B. 5188 Source: Lexis-Nexis/StateNet IN Signed into law 05/2001 P-12 In section allowing local board flexibility, deletes language stating the section does not apply to collective bargaining. Deletes language stating that exclusive representative of certified district employees may bargain collectively only on matters pertaining to salary, wages and salary and wage-related fringe benefits. Deletes language that exclusive representative may not bargain collectively or discuss performance awards. Adds that beginning July 1, 2001, provision requiring any items included in the 1972-73 agreements between district and employee organization to continue to be bargainable does not apply to district. Title: S.B. 165 Source: www.state.in.us/legislative MD Signed into law 04/2001 Postsec. Expands collective bargaining to specified employees of certain institutions of higher education; requires those institutions to designate bargaining representatives; identifies bargaining units in those institutions. Title: S.B. 207 Source: Lexis-Nexis/StateNet MS Signed into law 03/2001 P-12 Education Employment Procedures Law of 2001. It is the intent of the legislature to provide for accountability in the teaching profession and to provide for the nonrenewal of licensed education employees in a timely, cost-efficient and fair manner, to provide the employee with an opportunity for a hearing, and to require nonrenewal decisions to be based upon valid educational reasons or noncompliance with school district personnel policies. Clarifies that the protection under the Act applies only to licensed education personnel. In addition, it establishes a new probationary period where the notice and hearing requirements are not applicable for the first two years of Mississippi school employment, and at least one year in the current district. The language provides "grandfather" protection for existing employees meeting these conditions. February 1 is the date for a school board to give initial notice of its preliminary non-reemployment decision to the superintendent. The superintendent, without prior approval of the school board, shall give notice to any principals being nonrenewed no later than March 1 and for other educators no later than April 15. New procedures are established for an employee receiving notice of nonrenewal. A board designee can set the date and time of the hearing without requiring the board to have a special meeting just for that purpose. Title: H.B. 527 Source: Lexis-Nexis/StateNet CO Signed into law 03/2001 P-12 Requires school district boards of education to provide copies of all collective bargaining agreements to the State Board of Education the largest public library in the school district; requires the placement of a copy on the district's website and in the district's main offices for public inspection. Title: S.B. 76 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Requires public school employees who are in a bargaining unit for which an exclusive representative has been selected to be required, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a fair share service fee. Establishes a procedure for employees to petition for the recession of an organizational security arrangement. Title: S.B. 1960 Source: Lexis-Nexis/StateNet CA Vetoed 08/2000 P-12 Community College Requires classified employees of school districts and community college districts, whose positions must be eliminated as a result of the expiration of a specially funded program and are subject to layoff for lack of funds, to be given written notice not less than 60 days prior to the effective date of their layoff if the termination date of any specially funded program is other than 06/30. Title: A.B. 2578 Source: Lexis-Nexis/StateNet RI Became law without governor's signature 07/2000 P-12 Postsec. (Joint Resolution); Extends the reporting date of the special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors. Title: H.B. 6968 Source: Lexis-Nexis/StateNet CT Signed into law 05/2000 P-12 Allows local and regional boards of education and unions to agree to wage payment schedules that differ from the statutory requirement that all wages be fully paid within 8 days of the end of the preceding pay period. Title: H.B. 5157 Source: Lexis-Nexis/StateNet WA Signed into law 03/2000 Postsec. Excludes exempt positions from bargaining units of employees of institutions of higher education. Title: H.B. 2722 Source: Lexis-Nexis/StateNet