Collective Bargaining

Case for Change

As we have learned about the collective bargaining process, we have questions about the final option open to parties that cannot reach an agreement. After mediation, the parties can agree to go to binding arbitration.

What if the arbitrator could have insight to the mediator’s thoughts or preferences?

What if the arbitrator had more flexibility in the final decision and could set his own ruling, not based on one position or the other?

State Code

Iowa Code, Chapter 20 provides guidance regarding Collective Bargaining and Public Employee Relations.

Establishes PERB (Public Employee Relations Board) and powers and duties of the board.

Rules and timelines for Collective Bargaining can be found in the Administrative Code of Iowa- Chapter 6 & 7

PERB

PERB- Public Employees Relation Board Implement the provisions of Iowa CodeThree members appointed by governorFour-year termsEqual party representationProvides services for mediationProvides services for arbitrationAll contracts and negotiations agreements must be

filed with PERB

Case Law

Strikes are unlawful –New York Court of Appeals held that strikes were unlawful. Also referenced in Iowa Code (20.12)

Bargaining good faith (can’t walk away from table)

Norwalk Teacher’s Association v. Board of Education of City of Norwalk (Connecticut, 1951)- public education teachers can organize and bargain collectively but cannot strike

Anderson Federal of Teacher, Local 519 v. School City of Anderson (1969) – must have express legislative permission to strike

Pawtucket School Committee v. Pawtucket Tea hers Alliance (1995) lesson plans are not appropriate negotiation subjects (day to day management of school)- Iowa Code 20.9 details scope of negotiation subjects

Collective Bargaining Steps

Exchange of Initial Offers

• Open to the public

Impasse• Mediation• Arbitratio

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Settlement

Mediation and Arbitration

Either side may request PERB mediation

The function of the mediator is to bring the parties together (10 days)

When sides cannot agree following mediation, arbitration is requested

Final offer must be presented by employer and association

PERB will supply five names of arbitrators

Each side will strike a name until only one remains

Each side presents case- artifacts, testimony,

Arbitrator chooses most reasonable offer from each impasse item

Arbitrator ruling is within 15 days

Arbitrator must consider:

Past collective bargaining contracts between the parties including the bargaining that led up to such contracts.

Comparison of wages, hours and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.

The interests and welfare of the public, the ability of the public employer to finance economic adjustments and the effect of such adjustments on the normal standard of services.

The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.

Role Play

Impasse item - Wages

District position

Association position

Background information

Case for Change- Arbitrator Comments

“Rather than negotiate through the current situation, the parties are placing each other in an adversarial posture. In the view of this neutral, the District is too low in its final position and the Association is too high with its final offer. Going down the same road will lead to the same destination.” p. 15

“This neutral cannot pick and chose (sic) parts of a proposal or structure a new or different alternative.” p.4

Krueger Consulting, LCC – New Hampton CSD/EA (2012)

Your Final Offer

Union

Other

District

ReferencesAlexander, K., and M.D. Alexander. American

public school law. Wadworth Publishing Company.

Drew Bracken- Ahlers & Cooney Law Firm

Dennis Krueger- Krueger Consulting, LLC

Iowa Association of School Boards

Iowa PERB- www.iowaperb.iowa.govContracts- under Database linkArbitratorsDecisions