Collective Bargaining

1. Collective Bargaining

2. 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?

3. 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

4. PERB • PERB- Public Employees Relation Board • Implement the provisions of Iowa Code • Three members appointed by governor • Four-year terms • Equal party representation • Provides services for mediation • Provides services for arbitration • All contracts and negotiations agreements must be filed with PERB

5. 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

6. Collective Bargaining Steps

7. 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

8. 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.

9. Role Play Impasse item - Wages District position Association position Background information

10. 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)

11. Your Final Offer Union District Other

12. References • Alexander, 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.gov • Contracts- under Database link • Arbitrators • Decisions