ࡱ> "( / 0LDArialؖ0ؖ0pp,F0@ .  @n?" dd@  @@`` h`| L   0AA@^gʚ;2`.ʚ;g4XdXdp9F0ppp@ <4dddd<@0p, 0___PPT10 R___PPT94,?  %7History and Background of Teacher Collective BargainingEDL 510TodayHistory of Educational Collective Bargaining in the United States Laws Governing Educational Collective Bargaining  Background Laws Governing Educational Collective Bargaining  New York Case of the Terminated Teachers and Health Insurance" /I. History of Educational Collective Bargaining00(tPublic Employees traditionally denied the right to engage in collective bargaining The Sovereignty Doctrine Collective Bargaining and  Professionalism Breakthrough came in New York CityAII. Laws Governing Educational Collective Bargaining - BackgroundBB(Early History Unions as Criminal Conspiracies Use of Injunctions 1920s, 1930s and 1940s Railway Labor Act 1926 Norris-LaGuardia Act 1932 Wagner Act (NLRA) 1935 Taft-Hartley Act (LMRA) 1947L3e3e  II. Legal BackgroundWhat does contemporary private sector law provide? Right of employees to choose union representation Right of employees to engage in collective bargaining for their mutual aid and protection Right to strike3 II. Public Sector LawLittle law at state or local level until Wisconsin in 1959 Now most states provide bargaining rights for at least some state and local employees, usually including teachers Wide variety of impasse procedures that vary by state and type of employees III. New YorkCondon-Wadlin Act Taylor Law (1967) Right to unionize and engage in bargaining Series of impasse steps but no right to strike In response public employees in New York rushed to unionize Teachers the most unionized group6$Z^$Z^AdministrativeReading for next time Farber Murphy From now on class will meet in SM 123 at 5:00 p.m. Dates we want to change? 4/1, 4/15 others? Food arrangements6pp"III. Taylor Law Impasse Procedures##(Police and Fire Fighters Mediation Interest Arbitration State, County and Municipal Employees Mediation Fact Finding Legislative DeterminationL&1&1fIII. Taylor Law Impasse Procedures  Public Schools44(/Mediation Fact Finding No terminal procedure /0III. Taylor Law and StrikesIllegal to strike Illegal even to threaten to strike Not illegal to picket or demonstrate Penalties  2 for 1 Loss of agency fee Can lose union certification Strikes have all but disappeared in the New York public sectorHeZ;Z?Ze;>4Case of the Terminated Teachers and Health Insurance55(What information would you like to have that is not available to you in the case material? Why would you like that information? Would it be available to you in  real life? What is a reply brief? Why do you think it might have been used here? Are there any limitations on its use? What are the important facts in this case? What makes them important? 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Clear U.S. is not in compliance with a variety of international standards on these issues, in particular those relating to public employees&$$H L 0޽h ? 3380___PPT10. YPvs0 &`X(  X^ X S 4    X c $4 0   jTeachers the most unionized group But law is the same for all school district employees, not just teachers&"I"IH X 0޽h ? 3380___PPT10. Y00 ]Ud(  dX d C 4   U d S 4 0   Mediation What is it? Who are the mediators? What do they do? Interest Arbitration What is it? Who are the interest arbitrators? What do they do? Fact Finding What is it? Who are the fact finders? What do they do? Legislative Determination What is it? How does it work?  Z5ZZ@Z Z7ZZZZ 5@ 7   H d 0޽h ? 3380___PPT10.BCp{x0 h(  hX h C 4    h S 4 0   No terminal procedure Triborough  get steps but not any other raises or changes Can prevent District from changing, say health insurance 8tt kH h 0޽h ? 3380___PPT10.BC@Q0 p!(  pX p C 4    p S 4 0   #Illegal to strike Not illegal in every state, e.g. Illinois Strikes have all but disappeared in the New York public sector 2006? Transit strike in NY City In early years there were many L*@@*@@H p 0޽h ? 3380___PPT10.BC`f0 tv(  tX t C 4    t S 4 0   xCollective Bargaining and  Professionalism Kahlenberg notes 3 obstacles to bargaining: That everyone thought teachers to be outside the ambit of bargaining, bargaining as inappropriate for professionals and lack of solidarity (female elementary school teachers and more heavily male high school teachers) Breakthrough came in New York City Prior to any enabling legislationL,#",#", BH t 0޽h ? 3380___PPT10.CCp䂒0 x(  xX x C 4    x S 4 0   Case BH x 0޽h ? 3380___PPT10.oz𻞴 0 |(  |X | C 4    | S Tt4 0    H | 0޽h ? 3380___PPT10.} ^rl*&-R/1j> @$'dTFald6"2# F1"(ArialDefault Design8History and Background of Teacher Collective BargainingToday0I. History of Educational Collective BargainingBII. Laws Governing Educational Collective Bargaining - BackgroundII. Legal BackgroundII. Public Sector LawIII. New YorkAdministrative#III. Taylor Law Impasse Procedures4III. Taylor Law Impasse Procedures Public SchoolsIII. Taylor Law and Strikes5Case of the Terminated Teachers and Health Insurance Next Time  Fonts UsedDesign Template Slide Titles V0x_yDonnDonn$$AA" FGDICF(GDICl.wFGDICF(GDIC6ljwFGDICF(GDIC $@FGDICRp@ArialvؖF0ؖ@ .  @n?" dd@  @@`` h`| L   0AA@^gʚ;2`.ʚ;g4XdXdp9F0ppp@ <4dddd@0P, 0___PPT10 R___PPT94,?  %7History and Background of Teacher Collective BargainingEDL 510TodayHistory of Educational Collective Bargaining in the United States Laws Governing Educational Collective Bargaining  Background Laws Governing Educational Collective Bargaining  New York Case of the Terminated Teachers and Health Insurance" /I. History of Educational Collective Bargaining00(tPublic Employees traditionally denied the right to engage in collective bargaining The Sovereignty Doctrine Collective Bargaining and  Professionalism Breakthrough came in New York CityAII. Laws Governing Educational Collective Bargaining - BackgroundBB(Early History Unions as Criminal Conspiracies Use of Injunctions 1920s, 1930s and 1940s Railway Labor Act 1926 Norris-LaGuardia Act 1932 Wagner Act (NLRA) 1935 Taft-Hartley Act (LMRA) 1947L3e3e  II. Legal BackgroundWhat does contemporary private sector law provide? Right of employees to choose union representation Right of employees to engage in collective bargaining for their mutual aid and protection Right to strike3 II. Public Sector LawLittle law at state or local level until Wisconsin in 1959 Now most states provide bargaining rights for at least some state and local employees, usually including teachers Wide variety of impasse procedures that vary by state and type of employees III. New YorkCondon-Wadlin Act Taylor Law (1967) Right to unionize and engage in bargaining Series of impasse steps but no right to strike In response public employees in New York rushed to unionize Teachers the most unionized group6$Z^$Z^AdministrativeReading for next time Farber Murphy From now on class will meet in SM 123 at 5:00 p.m. Dates we want to change? 4/1, 4/15 others? Food arrangements6pp"III. Taylor Law Impasse Procedures##(Police and Fire Fighters Mediation Interest Arbitration State, County and Municipal Employees Mediation Fact Finding Legislative DeterminationL&1&1fIII. Taylor Law Impasse Procedures  Public Schools44(/Mediation Fact Finding No terminal procedure /0III. Taylor Law and StrikesIllegal to strike Illegal even to threaten to strike Not illegal to picket or demonstrate Penalties  2 for 1 Loss of agency fee Can lose union certification Strikes have all but disappeared in the New York public sectorHeZ;Z?Ze;>4Case of the Terminated Teachers and Health Insurance55(What information would you like to have that is not available to you in the case material? Why would you like that information? Would it be available to you in  real life? What is a reply brief? Why do you think it might have been used here? Are there any limitations on its use? What are the important facts in this case? What makes them important? What are the strongest arguments in favor of the Union position? What makes them the strongest? What are the strongest arguments in favor of the District position? What makes them the strongest? How would you decide this case? Why? If you rule for the union, what would be the remedy? Why? If you were the union, would you have brought this case to arbitration? Why or why not?P  Next Time"Teacher and Public Sector Unionism/0 d&(  dX d C 4    d S 4 0   (ZH d 0޽h ? 3380___PPT10.BCp{rr6# N81"( / 0LDArial00PP,ؖF0ؖ@ .  @n?" dd@  @@`` h`| L   0AA@^gʚ;2`.ʚ;g4XdXdp9F0ppp@ <4dddd@0P, 0___PPT10 R___PPT94,?  %7History and Background of Teacher Collective BargainingEDL 510TodayHistory of Educational Collective Bargaining in the United States Laws Governing Educational Collective Bargaining  Background Laws Governing Educational Collective Bargaining  New York Case of the Terminated Teachers and Health Insurance" /I. History of Educational Collective Bargaining00(tPublic Employees traditionally denied the right to engage in collective bargaining The Sovereignty Doctrine Collective Bargaining and  Professionalism Breakthrough came in New York CityAII. Laws Governing Educational Collective Bargaining - BackgroundBB(Early History Unions as Criminal Conspiracies Use of Injunctions 1920s, 1930s and 1940s Railway Labor Act 1926 Norris-LaGuardia Act 1932 Wagner Act (NLRA) 1935 Taft-Hartley Act (LMRA) 1947L3e3e  II. Legal BackgroundWhat does contemporary private sector law provide? Right of employees to choose union representation Right of employees to engage in collective bargaining for their mutual aid and protection Right to strike3 II. Public Sector LawLittle law at state or local level until Wisconsin in 1959 Now most state  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz|~}{Root EntrydO)^Current UserJ,SummaryInformation(PowerPoint Document(yDocumentSummaryInformation8; / 0LDArial00PP,ؖF0ؖ@ .  @n?" dd@  @@`` h`| L   0AA@^gʚ;2`.ʚ;g4XdXdp9F0ppp@ <4dddd@0P, 0___PPT10 R___PPT94,?  %7History and Background of Teacher Collective BargainingEDL 510TodayHistory of Educational Collective Bargaining in the United States Laws Governing Educational Collective Bargaining  Background Laws Governing Educational Collective Bargaining  New York Case of the Terminated Teachers and Health Insurance" /I. History of Educational Collective Bargaining00(tPublic Employees traditionally denied the right to engage in collective bargaining The Sovereignty Doctrine Collective Bargaining and  Professionalism Breakthrough came in New York CityAII. Laws Governing Educational Collective Bargaining - BackgroundBB(Early History Unions as Criminal Conspiracies Use of Injunctions 1920s, 1930s and 1940s Railway Labor Act 1926 Norris-LaGuardia Act 1932 Wagner Act (NLRA) 1935 Taft-Hartley Act (LMRA) 1947L3e3e  II. Legal BackgroundWhat does contemporary private sector law provide? Right of employees to choose union representation Right of employees to engage in collective bargaining for their mutual aid and protection Right to strike3 II. Public Sector LawLittle law at state or local level until Wisconsin in 1959 Now most states provide bargaining rights for at least some state and local employees, usually including teachers Wide variety of impasse procedures that vary by state and type of employees III. New YorkCondon-Wadlin Act Taylor Law (1967) Right to unionize and engage in bargaining Series of impasse steps but no right to strike In response public employees in New York rushed to unionize Teachers the most unionized group6$Z^$Z^AdministrativeReading for next time Farber Murphy From now on class will meet in SM 123 at 5:00 p.m. Dates we want to change? 4/1, 4/15 others? Food arrangements6pp"III. Taylor Law Impasse Procedures##(Police and Fire Fighters Mediation Interest Arbitration State, County and Municipal Employees Mediation Fact Finding Legislative DeterminationL&1&1fIII. Taylor Law Impasse Procedures  Public Schools44(/Mediation Fact Finding No terminal procedure /0III. Taylor Law and StrikesIllegal to strike Illegal even to threaten to strike Not illegal to picket or demonstrate Penalties  2 for 1 Loss of agency fee Can lose union certification Strikes have all but disappeared in the New York public sectorHeZ;Z?Ze;>4Case of the Terminated Teachers and Health Insurance55(What information would you like to have that is not available to you in the case material? Why would you like that information? Would it be available to you in  real life? What is a reply brief? Why do you think it might have been used here? Are there any limitations on its use? What are the important facts in this case? What makes them important? What are the strongest arguments in favor of the Union position? What makes them the strongest? What are the strongest arguments in favor of the District position? What makes them the strongest? How would you decide this case? Why? If you rule for the union, what would be the remedy? Why? If you were the union, would you have brought this case to arbitration? Why or why not?P  Next Time"Teacher and Public Sector Unionism/ 0 ~0L(  L^ L S 4   x L c $4 0   H L 0޽h ? 3380___PPT10. YPvs0 ~`X(  X^ X S 4   x X c $4 0   H X 0޽h ? 3380___PPT10. Y00 zrt (  tX t C 4   r t S 4 0   H t 0޽h ? 3380___PPT10.CCp䂒r $# &1"( / 0LDArial00PP,  !"#$%&'()*+,-./0123456789:<=>?@ABCDEFGHIOh+'0| `hx  HistoryClifford DonnDonn24Microsoft Office PowerPoint@`7@p?C@^Gx g  $$&> WMFC  lx EMF 1@F(GDICx!b $$==% % V0xx x % % $$AA" FGDICF(GDICl.wFGDICF(GDIC6ljwFGDICF(GDIC $@FGDICRp@Arialv@ T00$@ Չ0$0(@ 0@$蒕ܓdv%    T&2AA0LHistory and Background of  % ( Rp@Arial:4s08\z@4@lt0\zhho0(  D 0g DDt0(8蒕8dv%    T2>AA<LTeacher Collective Bargaining % ( F(GDICCdFGDICRp@ArialArial4Case of the Terminated Teachers and Health Insurance55(What information would you like to have that is not available to you in the case material? Why would you like that information? Would it be available to you in  real life? 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Why or why not?P  Next Time"Teacher and Public Sector Unionism/0 zrh (  hX h C 4   r h S 4 0   H h 0޽h ? 3380___PPT10.BC@Q0 zrp (  pX p C 4   r p S 4 0   H p 0޽h ? 3380___PPT10.BC`0 zrx (  xX x C 4   r x S 4 0   H x 0޽h ? 3380___PPT10.oz𻞴r8 V"X$Z# 8&\1"( / 0LDArial00PP,ؖF0ؖ@ .  @n?" dd@  @@`` h`| L   0AA@^gʚ;2`.ʚ;g4XdXdp9F0ppp@ <4dddd@0P, 0___PPT10 R___PPT94,?  %7History and Background of Teacher Collective BargainingEDL 510TodayHistory of Educational Collective Bargaining in the United States Laws Governing Educational Collective Bargaining  Background Laws Governing Educational Collective Bargaining  New York Case of the Terminated Teachers and Health Insurance" /I. History of Educational Collective Bargaining00(tPublic Employees traditionally denied the right to engage in collective bargaining The Sovereignty Doctrine Collective Bargaining and  Professionalism Breakthrough came in New York CityAII. Laws Governing Educational Collective Bargaining - BackgroundBB(Early History Unions as Criminal Conspiracies Use of Injunctions 1920s, 1930s and 1940s Railway Labor Act 1926 Norris-LaGuardia Act 1932 Wagner Act (NLRA) 1935 Taft-Hartley Act (LMRA) 1947L3e3e  II. Legal BackgroundWhat does contemporary private sector law provide? Right of employees to choose union representation Right of employees to engage in collective bargaining for their mutual aid and protection Right to strike3 II. Public Sector LawLittle law at state or local level until Wisconsin in 1959 Now most states provide bargaining rights for at least some state and local employees, usually including teachers Wide variety of impasse procedures that vary by state and type of employees III. New YorkCondon-Wadlin Act Taylor Law (1967) Right to unionize and engage in bargaining Series of impasse steps but no right to strike In response public employees in New York rushed to unionize Teachers the most unionized group6$Z^$Z^AdministrativeReading for next time Farber Murphy From now on class will meet in SM 123 at 5:00 p.m. Dates we want to change? 4/1, 4/15 others? Food arrangements6pp"III. Taylor Law Impasse Procedures##(Police and Fire Fighters Mediation Interest Arbitration State, County and Municipal Employees Mediation Fact Finding Legislative DeterminationL&1&1fIII. Taylor Law Impasse Procedures  Public Schools44(/Mediation Fact Finding No terminal procedure /0III. Taylor Law and StrikesIllegal to strike Illegal even to threaten to strike Not illegal to picket or demonstrate Penalties  2 for 1 Loss of agency fee Can lose union certification Strikes have all but disappeared in the New York public sectorHeZ;Z?Ze;>4Case of the Terminated Teachers and Health Insurance55(What information would you like to have that is not available to you in the case material? Why would you like that information? Would it be available to you in  real life? What is a reply brief? Why do you think it might have been used here? Are there any limitations on its use? What are the important facts in this case? What makes them important? What are the strongest arguments in favor of the Union position? What makes them the strongest? What are the strongest arguments in favor of the District position? What makes them the strongest? How would you decide this case? Why? If you rule for the union, what would be the remedy? Why? If you were the union, would you have brought this case to arbitration? Why or why not?P  Next Time"Teacher and Public Sector Unionism/rn\# J\y1