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This article provides an overview of the collective bargaining legislation in Idaho public schools in 2013, including resolutions, negotiation processes, and the final result. It covers key components of the resolutions and the specific legislation that was passed.
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Overview of 2013 Labor / Collective Bargaining Legislation By: Jessica Harrison, Idaho School Boards AssociationDirector of Policy & Government Affairs
ISBA RESOLUTIONS • ISBA’s Legislative Agenda is established through a Resolution process. • Resolutions may be submitted by any individual trustee, a school district board, or an ISBA Region. • After submission the ISBA Executive Board reviews the Resolutions and makes a recommendation to the membership. • There is a mechanism for a Resolution to be brought from the Floor bypassing this process. • Resolutions are then voted on at the Business Session of the Annual Convention each year by the ISBA membership.
COLLECTIVE BARGAINING RESOLUTION • The 2012 ISBA Annual Convention was held one week after the defeat of the Propositions on November 6th. • After Students Come First was overturned, the Minidoka Joint School District submitted a Resolution on collective bargaining from the Floor of the Business Session. • That Resolution passed the ISBA membership by a 3 to 1 margin and became a part of ISBA’s 2013 Legislative Agenda.
RESOLUTION COMPONENTS There were 10 components in the Resolution: • All labor agreements effective for one year from July 1 to June 30 (evergreen) • If no agreement by June 10, the school board imposes the last best offer • All labor negotiations must be held in open session • Union negotiators must prove that they represent more than 50% of certificated staff in order to negotiate on their behalf • Ensure that districts are provided evidence of majority ratification • Teacher contracts must be returned in time for them to be paid in July • Allow boards to consider other factors in addition to seniority when considering reductions in force • Allow boards to reduce the salary of a certificated employee without the requirement of an individualized due process hearing • Limit costly litigation of employment disputes (eliminate de novo hearings) • Allow boards to put teachers on leave for situations involving inappropriate criminal actions and provisions whereby such leave may be without pay
Negotiations with the IEA The final versions of the legislation that passed this session were the result of negotiations and compromises arising from over 10 hours of meetings between the ISBA, the IASA, the IEA, and the House and Senate Education Chairs.
The Final Result • ISBA printed 3 different “rounds” of legislation throughout the session all based upon the Collective Bargaining Resolution and the compromises with the IEA. • In total 7 pieces of legislation passed containing various components of the Resolution: • HB163 Contract Return • HB259a Unpaid Leave • HB261 RIF/Seniority • SB1040a Reducing Salaries/Contract Days • SB1147a One Year Agreements • SB1149 50% + 1 Representation /Majority Ratification • SB1150 Elimination of De Novo Hearings
HB163 Contract Return • Sets out the timelines for the return of teacher contracts as 21 days after delivery if no date is established by the board (the minimum the board can establish for returnis 10 days). • Allows for teacher contracts to either be delivered electronically, return receipt requested, or by certified mail, return receipt requested, or in person. • If the contract is not electronically received by the employee, the district can then attempt to deliver through other methods. • Contains an emergency clause.
HB259a Unpaid Leave • An employee with a criminal court order preventing them from being on school grounds, and keeping them from complying with their contract, can be placed on unpaid leave. • Previously the district could only place an employee on paid leave in such situations. • Requires the district to maintain an account for the deposit of the employee’s salary until adjudication by the first court. If the employee is found innocent or charges are dismissed then the district shall remit the salary, less the cost of a sub, to the employee. • Allows the board to delegate ongoing authority to a designee to grant/place an employee on leave. The board will then ratify or nullify the action at the next regular board meeting. • If leave is due to the district’s need to conduct an investigation (no criminal investigation) then the administration must complete the investigation within 60 working days.
HB261 RIF/Seniority • The decision to institute RIF and the employees subject thereto is at the sole discretion of the board. • Seniority and/or contract status shall NOT be the sole factor for determination as to which employees are subject to RIF. • Districts may adopt a recall policy for those employees subject to RIF. • This bill contains an emergency clause and a sunset clause for expiration on 7/1/14.
SB1040a Reducing Salaries/Contract Days • This bill contained two major components. • The first is regarding teacher contract issuance/notice of non-reemployment. • The second is regarding the ability to reduce salaries/contract days . • This bill contains an emergency clause and a sunset clause for expiration on 7/1/14.
SB1040a Contract Components • Notice of non-reemployment shall be given by July 1st. • Teacher contracts shall be issued by July 1st. • Letters of intent may be issued by the district in May, but the letters themselves will not state the specific duration of the contract or the salary and benefits.
SB1040a Reducing Components • Removed the section of statute that prevented reduction of salaries/contract days. • Allows for contracts to be issued for a shorter term or at a lesser salary if: • 1) Both parties agree. • 2) If there is no agreement then the board can reduce if the amount paid for salaries is over and above the reimbursement from the State for Salary Based Apportionment. • All reductions must be uniformly applied based upon the District’s salary schedule and cannot go below the State salary grid. • Reductions CANNOT be done midyear. • States that no individual due process hearings are required for such reductions.
SB1147a One Year Agreements • All master agreements shall have a one year duration from July 1st – June 30th. • Prohibits in the inclusion of “evergreen” clauses in master agreements. • Allows that upon mutual agreement any item other than compensation and benefits may have a two year non-rolling duration with a designated start and end date. • This bill contains an emergency clause and a sunset clause for expiration on 7/1/14.
SB1149 50%+1 Representation and Majority Ratification • The local education association must provide written proof that it represents %50+1 of professional employees if the board requests. • The board may require such proof annually prior to commencing negotiations. • Each party must provide written evidence of majority ratification of the master agreement. • Provides that the parties shall negotiate in good faith and defines that term. • Contains an emergency clause.
SB1150 Elimination of De Novo Hearings • Under prior statute, when a certificated employee is terminated or not renewed, they participate in a hearing before the board and the board makes a decision. The employee could then sue the district (typically for wrongful termination). At the district court level they would essentially get a completely new trial (a de novo hearing) and they could present evidence entirely different and/or in addition to the evidence which was presented at the board hearing and upon which the decision was based. • Provides that the district court can either: • Affirm the board’s decision, set it aside, or remand it back. • The decision of the board shall be affirmed unless the court finds the board violated the law, acted in excess of its’ authority, made an unlawful procedure or was arbitrary, capricious, or abusing discretion.
