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 |
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 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
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| 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
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| 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
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| 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
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| 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
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