AM I REALLY REQUIRED TO PowerPoint Presentation
BARGAIN OVER . THAT %*#!!!?. Douglas . G. Griffin. Assistant General Counsel, School Board of Broward County &. Author, School Law Answer Manual. WHAT ARE THE TYPES OF BARGAING SUBJECTS?. MANDATORY SUBJECTS. ID: 678417Embed code:
Download this presentation
DownloadNote - The PPT/PDF document "AM I REALLY REQUIRED TO" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Presentations text content in AM I REALLY REQUIRED TO
AM I REALLY REQUIRED TO BARGAIN OVER THAT %*#!!!?
Assistant General Counsel, School Board of Broward County &
Author, School Law Answer ManualSlide2
WHAT ARE THE TYPES OF BARGAING SUBJECTS?
WHY DOES A DISTRICT CARE DURING BARGAINING
WHETHER A SUBJECT IS MANDATORY OR PERMISSIVE?
A school district must bargain over mandatory
if the parties do not reach agreement, their dispute must be settled through the impasse resolution procedure established in Fla. Stat. §
subjects may be voluntarily bargained, but they may not be bargained to impasse.Slide4
WHAT QUESTIONS MUST BE ANSWERED TO DETERMINE WHETHER AN ISSUE CONSTITUTES A MANDATORY SUBJECT OF BARGAINING?
Does the issue
wages, hours, and terms and conditions of
Doe the issue impact an inherent managerial prerogative?
Does the issue involve a waiver of the union’s right to bargain?Slide5
What is the test for determining whether an issue impacts terms and conditions of employment?
Florida courts have not developed a precise
for determining whether a certain subject is important enough to be considered a
“term and condition
Most courts therefore have determined the issues on a case-by-case basis, but,
key is how direct the impact of an issue is on the well-being of the individual teacher, as opposed to its effect on the operation of the school system as a
What is a district’s duty to bargain over wages, hours, and terms and conditions of employment during negotiations?
If the subject matter of
a wage, hour,
term or condition of employment, not involving inherent managerial rights, it is a “
mandatory subject of bargaining
either or both parties may insist to impasse on its position. Disagreements on mandatory subject of bargaining must be resolved through the impasse resolution procedure.Slide7
What matters are considered managerial rights for purposes of determining bargaining obligations?
It is the right of the school district to determine unilaterally
the purpose of each of its constituent agencies
standards of services
to be offered to the public, and exercise
control and discretion over its organization and operations
is also the right of the school district to direct its employees, take
disciplinary action for proper cause
relieve its employees
from duty because of
lack of work
other legitimate reasons
When is a matter effecting both a managerial prerogative and a term or condition of employment a mandatory subject of bargaining?
According to Supreme Court, the
are to apply
a balancing test to
right to collectively bargain, or management's right to exercise control and discretion should predominate
According to PERC, the district must negotiate such decisions unless the
directly related to the public employer's fundamental policy
May a School Board impose a waiver of bargaining rights on the union?
waiver of the statutory
provided by Section 447.401, Florida
a permissive item of bargaining which may not be imposed by the legislative body.Slide10
What are the basic rules for determining whether an item is a mandatory subject of bargaining?
Matters only impacting wages, hours, terms or conditions of employment are mandatory.
Matters only impacting
Matters impacting both managerial prerogatives and terms and conditions of employment must be balanced to determine which predominates.
Matters involving a waiver of a union’s right to bargain are permissive.Slide11
Let’s test our knowledgeBonuses to newly hired (e.g. STEM) teachers.
Supplemental pay for extracurricular activities.
Subcontracting services that will replace existing employees.
Let’s test our knowledge (cont’d)
The number of instructional periods teachers must teach
Reducing the length of the workday
Let’s test our knowledge (cont’d)Mandatory furloughs to alleviate economic shortfalls
Excluding discipline issues from the collective bargaining agreement
Job descriptions or job classifications
Let’s test our knowledge (cont’d)Duration clauses effective longer than 1 year.
A salary proposal conditioned on an agreement to waive the right to bargain over changes in insurance
Settlement of pending grievance
Once a permissive subject is included in the agreement, may the parties insist to impasse that it continue to be included in future years?
when parties agree to include a
subject of bargaining in a contract, that voluntary agreement does not mean that the
insist to impasse that the provision be continued
Does a district commit a ULP if it still has permissive subjects of bargaining in its proposals when the union declares impasse?
No, so long as the district modifies its proposals to eliminate permissive subjects from its proposals before final resolution
impasse resolution process is utilized, neither party may insist that a special magistrate consider a
subject of bargaining.
a legislative body may not impose a
subject such as a waiver of a union' s right to bargain over mandatory subjects of bargaining.Slide17
WHY DOES A DISTRICT CARE DURING THE CONTRACT
WHETHER A SUBJECT IS MANDATORY OR PERMISSIVE?
As a general rule, a public employer may not unilaterally alter the
of a mandatory subject of bargaining, i.e., wages, hours, and terms and conditions of employment of its employees during the term of a collective bargaining agreement.Slide18
How is the “status quo” established in the event that an express term and condition in the collective bargaining agreement conflicts with past practice?
When terms or conditions of employment are in a contractual provision, the status quo is determined by reference to the precise wording of the relevant contractual provision.Slide19
How is the “status quo” established in the event that either the agreement is either ambiguous
a term or
A change to the “status quo” is more
than that the employer changed a practice involving a mandatory subject of bargaining.
must be established that the past practice that has been
existed substantially unvaried for a significant period of time prior to the change, and
reasonably have been expected by bargaining unit employees to have continued unchanged.Slide20
When may a district unilaterally alter the status quo of a mandatory subject of bargaining during the contract?
alter the status quo of a mandatory subject of bargaining if it can
clear and unmistakable waiver by the union of the right to bargain over the subject,
body action taken after impasse,
circumstances requiring immediate action.Slide21
May a district unilaterally alter the status quo of a mandatory subject of bargaining after term of a collective bargaining agreement has expired
Generally, no. Following the expiration of a collective bargaining agreement, an employer is prohibited from unilaterally altering the status quo of mandatory subjects of bargaining.Slide22
May a district unilaterally alter the status quo of a subject that is an inherent managerial right during the term of an agreement without bargaining over the
Yes. If the subject matter of the decision is an inherent managerial right, not involving a term or condition of employment, the school district may act unilaterally because the matter is considered a permissive subject because it falls within managerial prerogative.Slide23
Is a district obligated to bargain over any
on terms and conditions of employment relating to implementation of a subject that is an inherent managerial right?
Yes, but only if a timely demand for impact bargaining is made by the union which identifies
on wages, hours, terms and conditions of employment. An effect is negotiable if it is “direct and substantial.”Slide24
May a district proceed to alter the status quo of a subject that is an inherent managerial right before giving the union a reasonable opportunity to negotiate impacts?
district must afford the union reasonable
time to impact bargain
to implementation of a
Is the district required to complete the entire impasse resolution process before proceeding to alter the status quo of a subject that is an inherent managerial
No, although the district must allow for a reasonable opportunity for the union to identify and negotiate impacts, the
impasse process contained in Section
447.403, need not
be completed prior to modifying
the status quo. After a reasonable opportunity to negotiate the impacts, the district may declare impasse, implement its decision, and thereafter proceed to complete the impasse process.Slide26
Let’s test our knowledgeAs has been done in the past, adjusting cafeteria workers hours up or down to meet needs (agreement is silent)
Strictly enforcing language in the agreement for the first time that all mandatory extra-duty time for teachers shall be compensated at $20/hr.
Adding a new extra-curricular activity that you want to pay the same as all of the comparable coachesSlide27
Let’s test our knowledge (cont’d)
Adding hour of instruction to student day because it is in the lowest 300
Changing percentage of dependent health insurance premium contribution (not stated in the agreement)
Changing health insurance benefits (e.g. deductibles, co-pays, etc.) where plan
is mentioned by reference (e.g.
health insurance plan provided by
Changing health insurance benefits (e.g. deductibles, co-pays, etc.)
per recommendation of the long-established district insurance committee.Slide28
What are prohibited subjects of bargaining?
are null and void from the outset only when
unlawful subjects of bargaining,
contrary to a statute or constitutional provision, or
to achieve a purpose contrary to public policy.Slide29
What are examples of prohibited subjects of bargaining?
Smoking on Campus.
Binding interest arbitration.
“Just cause” for non-renewal of probationary teachers.