As a public service, this blog provides the following advice to the CPS Board of Education. They are so close to following the Missouri constitution. The last step of passing an election policy that meets constitutional standards will complete a thoughtful and open process:
Collective bargaining and exclusive representation are legal terms with legal definitions. The National Labor Relations Act was passed in 1935, and thirty-four state collective bargaining laws have been passed in the decades since 1959. Numerous court decisions have been rendered to interpret and define these laws. Legal scholars tell us that exclusive representation is inherent in collective bargaining.
Teachers are not a separate class of people. Teachers have the same constitutional right to equal protection under the law as other public employees. Teachers should not be forced to clear additional hurdles to elect the representative of their choice, while other public employees are allowed to utilize the recognized and traditional way of electing a representative (state law 105.500). Vote for the simple, one step exclusive bargaining election process and let the teachers choose their representative. There is no reason to bring the Missouri Supreme Court into this process.
By CATHERINE MARTIN
Tuesday, September 13, 2011
Board of Education Vice President Christine King said it all when she noted that no matter which collective bargaining policy the board adopts, someone is going to be upset.
That was clear as teachers and district staff sat divided by an aisle at the district administration building, 1818 W. Worley St., last night, and members of Columbia’s two teachers unions sat on different sides of the room while the board discussed collective bargaining.
The meeting served as a first read of a collective bargaining policy Columbia Public Schools is considering adopting that calls for exclusive representation, a version favored by the Columbia Missouri National Education Association, CMNEA. Members of the Columbia Missouri State Teachers Association, CMSTA, however, favor a version that allows multiple representatives to collectively bargain or sticking with the current policy, which is more of a “meet and confer” model.
The exclusive representation model, Superintendent Chris Belcher said, is the safest policy for legal purposes and consistency. But CMSTA members have a number of concerns with the policy, namely that members’ voices wouldn’t be heard if the district adopted an exclusive representation model.
“Some in this room prefer MSTA not be an option for teachers and want all of us to be forced to join another organization that is more expensive, more radical and, frankly, more concerned about contract obligations than what happens in the classroom,” President Kari Schuster said.
Other CMSTA members questioned why the district needs to adopt a new policy at all, citing benefits of what they call a more collaborative effort. And some cited concern that the fees collected from nonmembers would be charged by the exclusive representative elected to negotiate with the district.
But CMNEA members, including President Susan McClintic, said if CMNEA were chosen to represent teachers, the organization would not charge fees to nonmembers. The exclusive representation model, which also allows teachers to vote to have no representative, mirrors a voting process Americans are most familiar with, CMNEA members said.
“We believe this version allows for employees that do not belong to a union to be represented. In Policy 2, unaffiliated employees would have no voice and no representation,” McClintic said. “We believe there should be one unified voice for educators in the district, and Version 1 delivers that opportunity.”
After several teachers and district employees came forward to speak on behalf of both groups, the board also showed division on the issue.
“This is hard for me. I’ve worked with many of you, and a lot of you are my friends, and seeing you sitting on opposite sides of the aisle makes me uncomfortable as a board member,” said Jan Mees, who worked in the district for 22 years. “In my heart of hearts, I am adamantly opposed to changing the current practice.”
The policy committee will discuss the issue of collective bargaining again later this month. The board likely will vote on a policy at its Oct. 10 meeting.
This article was published on page A14 of the Tuesday, September 13, 2011 edition of The Columbia Daily Tribune.
More like this story
Why limit teachers to one bargaining agent?- August 28, 2011 2 a.m.
Collective bargaining heads to school board- August 25, 2011 2 p.m.
School board eyes policies on bargaining- July 29, 2011 2 p.m.
Teacher collective bargaining policy in works- April 21, 2011 2 p.m.
Teacher rep tells board of division- April 13, 2010 2 p.m.
No comments:
Post a Comment