Public%20Sector%20Unionism

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Public Sector Unionism
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Review

• Traditionally government refused to bargain with
  it employees Sovereignty Doctrine
• Development of Private Sector Labor Law
• Development of Public Sector Labor Law
• New York Condon-Wadlin to Taylor
• Different Impasse Procedures for Various public
  sector groups

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Today

1. Private Sector Labor Law another aspect
2. Process by which school employees choose union
   representation in New York State
3. What unions organize school district employees in
   New York?
4. Public sector union elections v. private sector
   elections

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I. Private Sector Labor Law the Unfair Labor
Practice

• Developed in 1935 the Wagner Act
• 1947 Taft-Hartley Act - extended the concept to
  unions
• What is an unfair labor practice?
• How does the law deal with a proven unfair labor
  practice?
• Extension to Taylor Law the Improper Practice

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Improper Practices - Employer

• Interfere, Restrain or Coerce
• Dominate employee organization
• Discriminate
• Refuse to negotiate in good faith
• Refuse to continue conditions when agreement has
  expired
• Use state funds to train managers or supervisors
  to discourage union organization

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Improper Practices Employee Organization

• Interfere Restrain or Coerce
• Refuse to Negotiate in good faith
• Violate the Duty of Fair Representation
• Petitioner may ask for injunctive relief
• Striking employees can be terminated

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II. Choosing Union Representation

• Voluntary Recognition
• Elections
• Based on Appropriate Bargaining Unit Criteria
  for its determination
• Community of Interest
• Management at that level can make decisions
• Compatible with joint obligation to serve the
  public
• Certification
• Decertification

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II. Bargaining Units in Education

• Inevitably involve only one school district
• Generally involve all employees in a
  classification within that district
• Instructional units
• Non-instructional units

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Administrative

• Classroom will be this one except
• Check web site for updated schedule

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III. Educational Unions in NY

• Teachers
• Other groups
• Administrators
• Paraprofessionals, custodial, food service
• Transportation
• Nothing to prevent any union from organizing any
  group (except the unions own constitution)

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IV. Public Sector Union Elections

• Private sector elections
• Most of the time unions lose
• Why?
• Public sector elections
• Most of the time unions win
• Why?
• What kinds of rules govern these elections?
• What is the union shop?
• What is the agency shop?

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V. Case

• Termination of a teachers aide
• What are the key facts?
• What are the districts basic arguments
• What are the unions basic arguments
• What will be the remedy if the union wins?
• What would you decide and why?
• How are discharge cases different from other
  arbitration cases?

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Next Time

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