Del. Clagett's 2010 Mid-March Session Update

Fairness in Negotiations

Last year, there was significant debate on whether to require binding arbitration between teachers unions and school boards during labor negotiations. The bill passed the Senate but did not reach the House until the evening of Sine Die.

Based on the last year's passed Senate version, the Fairness in Negotiations Act (HB 243) requires an independent board appointed by the Governor, with Senate confirmation, to hear disputes over the scope of bargaining in teacher labor negotiations. In the event of an impasse, the bill would require mandatory mediation, the outcome of which may be rejected by the local jurisdiction, as long as the local jurisdiction continues negotiations in good faith within local government budget constraints. The current system allows for collective bargaining between local jurisdictions and teachers unions, during labor negotiations.

Scope of Negotiations

This legislation impacts the scope of matters open for negotiation by establishing a Public School Labor Relations Board to administer and enforce labor relations laws for local boards of education and their employees. The PSLRB consists of five members appointed by the Governor with the advice and consent of the Senate, including two chosen from a list provided by employee organizations and two who must be members of the education or business community.

Currently, local boards of education and employee organizations must negotiate all matters that relate to salaries, wages, hours, and other working conditions, but state law prohibits negotiations on school calendar and class size. Under HB 243, if asked by a local board of education or a local employee organization, the PSLRB must determine if a matter is a mandatory, permissive, or illegal subject for bargaining, after hearing from both sides.

Procedures regarding employee transfers and assignments are specified as a working condition that must be negotiated for certificated employees.

Impasse in Negotiations

Currently, only local Superintendents can declare an impasse in negotiations. The State Board of Colocation has authority to decide all disputes between local school boards and their employee organizations. The bill would allow either the local school board or the employee organization to declare an impasse and mandatory mediation would ensue provided both sides had negotiated in good faith.

The legislation also creates deadlines for a range of actions and Board table

decisions to create a clear timeline for the process. In the event of an impasse, the bill would require mandatory mediation, the outcome of which may be rejected by the local jurisdiction, as long as the local jurisdiction continues negotiations in good faith within local government budget constraints.

If mediation fails, the mediator and both parties will make their last best offer and the local school board will choose one of those offers. The local school board's decision is final and either party can seek relief from the circuit court. Any negotiated settlement is subject to the fiscal relationship between the county and the public school employer. If the county does not fund the agreement, the parties shall renegotiate the funds allocated for the contract. This bill was heard on Wednesday, March 10 in Ways and Means.