Posted: | March 1, 2013 12:45 PM |
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From: | Representative Gordon Denlinger |
To: | All House members |
Subject: | Level the Playing Field for School Districts in the Collective Bargaining Process |
I plan to introduce legislation to begin to place school districts on a level playing field with labor organizations when it comes to the collective bargaining process. My legislation would amend Section 1161-A of the Public School Code of 1949 to 1) prevent a court from forcing school board members to bargain for long hours at specific times and places, putting their employment in jeopardy, and 2) prohibit penalizing a school district for not meeting the 180 day requirement if a court does not grant a request for an injunction for a teacher strike. Under current law, a court has the authority to force school board members and labor organization representatives to come to the bargaining table on certain dates and at certain times. This creates an uneven playing field as school board members may be jeopardizing their employment or their salary to attend these meetings, while labor organization representatives face no similar consequences if forced to bargain for long hours through the work day. As a result, this incentivizes school boards to make concessions that may not be in the best interest of the district. My legislation would level the playing field by prohibiting a court from mandating specific meeting times and would allow both parties to determine a meeting schedule that is mutually beneficial. Additionally, while school districts must provide at least 180 days of instruction each year, a teacher strike may jeopardize a school district’s ability to reach this target. Current law allows the Secretary of Education to request an injunction from the court to end a teacher strike, but where the court does not grant the injunction, school districts can be penalized for not meeting the 180 day requirement and forced to forfeit a portion of their basic education subsidy. My legislation makes clear that a school district cannot be penalized for failing to meet the 180 day requirement when a court does not grant an injunction to stop the teacher strike. I believe these changes will have a tremendous impact on giving school districts equal footing in the collective bargaining process, and as a result, we will ensure that our districts can provide students with the quality education they deserve while using taxpayer resources in the most efficient and effective manner possible. |
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Introduced as HB1305