States Aim to Curb Collective Bargaining

By Stephen Sawchuk
February 7, 2011

First it was changes to pay, then evaluation systems, and then tenure laws. Now, lawmakers in several states are challenging collective bargaining, the foundation of teacher unionism.

In Idaho and Indiana, Republican leaders are proposing bills that would limit collective bargaining to wages and benefits, excluding education policy issues. And in Tennessee, a recently introduced bill would abolish altogether teachers’ ability to bargain collectively.

None of the proposals has yet passed its respective legislative chambers, but they are emerging in what may be a particularly favorable political climate, given the rightward shift in many state capitals as a result of the November elections. Teachers’ unions are already defending many hard-won policies, such as due process procedures granted to teachers who earn tenure.

If enacted, the proposals would tilt decisionmaking on policy decisively toward school leaders just as they are coming under increasing pressure to become more nimble and purposeful with spending. ...

Teachers’ unions in those three states, though, view the legislative proposals as thinly veiled attacks on their very existence. They have vowed to mobilize to prevent the proposals from becoming law—and will have help to that end from the National Education Association, the parent of affiliates in all three states. ...

Winds of Change

Labor analysts say that some of the movement can be traced to changing political winds. Republicans have traditionally sought to curtail collective bargaining rights for public employees, while Democrats have promoted them; workers in states such as New Mexico have even experienced flip-flops as successive leaders have moved through the state. ("Collective Bargaining Gets New Life in New Mexico," March 19, 2003.)

For teachers, bargaining is currently prohibited in just five states, and it is mandatory in 35, according to the National Council on Teacher Quality, a Washington-based advocacy group. The scope of bargaining differs by state.

Limitations on Negotiations

At least three states have proposed bills to curtail or eliminate teacher bargaining. other states could follow suit.

IDAHO

SPONSORS: State Superintendent Tom Luna, a Republican, has proposed two bills. At press time, they awaited a sponsor and bill numbers.

One bill would limit negotiations to wages and compensation and require such negotiations to be held in open meetings. It would disallow “continuation clauses” in contracts—essentially clearing all previous policies for each negotiation. A second bill would require school districts to post copies of their current school district budgets and collective bargaining pacts on their websites.

INDIANA

SB 575 - SPONSORS: Sens. Phil Boots, ®, Luke Kenley ®, Ed Charbonneau ®

The bill would remove certain items from collective bargaining negotiations, including teacher-evaluation procedures, teacher-dismissal procedures, and school restructuring options, among others. it also would permit districts to impose certain employment terms if the teachers’ contract expires without a new one in place. contracts could not extend beyond two years.

STATUS: Passed Senate committee on Pensions and Labor, Jan. 27

HB 1337 - SPONSORS: Reps. Robert Behning ®, David Frizzell ®

Similar to the Senate bill, it also would alter the teacher-evaluation framework and allow for the dismissal of tenured teachers for performance reasons.

STATUS: Referred to house committee on Education, Jan. 13

TENNESSEE

HB 0130 - SPONSORS: Reps. Debra Maggart ®, Glen Casada ®

The bill would prohibit teachers’ unions and other professional employees’ organizations from negotiating employment contracts with local school boards. Labor contracts signed before enactment of the bill would remain in force through their expiration.

STATUS: Filed for introduction, Jan. 18

“There’s absolutely no question that the Republican playbook is about weakening public-sector unions,” said Charles Taylor Kerchner, a research professor at Claremont Graduate University, in Claremont, Calif., who has studied teacher bargaining. “What’s different is that the teachers’ unions have lost the confidence of a swath of the Democratic Party,” potentially emboldening opponents of teacher bargaining. ...

“If you take power away from the unions, then the blame [for results] falls entirely on the superintendents and the school boards,” Mr. Hurd of Cornell said. “In the past, the unions have been able to ally themselves with the school boards. They both want more money for the schools.”

“Democrats who want to weaken labor relations ought to be real, real careful,” added Claremont’s Mr. Kerchner. “If you want someone to be steadfastly in public education’s corner in terms of raising money, you’ve got no better friend than the NEA.”

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