|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Kittell of Franklin District and Senator Collins of Franklin District
Subject: Education; collective bargaining; supervisory unions and districts
Statement of purpose: This bill proposes to require all public school employers and employees to conduct collective bargaining on a supervisory unionwide basis.
AN ACT RELATING TO SUPERVISORY UNIONWIDE COLLECTIVE BARGAINING FOR ALL SCHOOL DISTRICTS AND THEIR EMPLOYEES
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 16 V.S.A. § 1981 is amended to read:
§ 1981. DEFINITIONS
As used in this chapter unless the context requires otherwise:
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(2) "Professional negotiations" means the meeting, conferring, consulting, discussing, and negotiating in good faith between a school board negotiations council and a teachers' organization negotiations council or an administrators' organization negotiations council to reach agreement.
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(6) A "teachers' organization" or an "administrators' organization" means an organization, committee, council, group, or separate unit thereof in which teachers or administrators participate and which exists, in whole or in part, for the purpose of professional negotiation.
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(8) "School board negotiations council" means, for a supervisory district, its school board, and, for school districts within a supervisory union, the supervisory union school board or the body comprising representatives designated by each school board within the supervisory union to engage in professional negotiations with a teachers' or administrators' organization.
(9) "Teachers' organization negotiations council" or "administrators' organization negotiations council" means the body comprising representatives designated by each teachers' organization or administrators' organization within a supervisory district or supervisory union to act as its representative for professional negotiations.
Sec. 2. 16 V.S.A. § 1991(a) is amended to read:
(a) Teachers and administrators may select organizations to represent them on their negotiations council in collective negotiations with the school board negotiations council. The school board shall recognize an organization as the exclusive representative of the teachers or of the administrators in the school district when that organization has proved its claim to sole and exclusive representative status of the respective group as hereinafter provided. The superintendent, the assistant superintendent, and the principal shall not serve as negotiating agents for the teachers' organization.
Sec. 3. 16 V.S.A. § 2001 is amended to read:
§ 2001. GOOD FAITH
The negotiations councils of the
school board and of the recognized
teacher or administrator teachers’
or administrators’ organization shall meet together at reasonable times,
upon request of either party, and shall negotiate in good faith on all matters
properly before them under the provisions of this chapter.
Sec. 4. 16 V.S.A. § 2003 is amended to read:
§ 2003. TIME TO BEGIN
The teacher or administrator
organizations holding exclusive negotiating rights shall make a request for
commencement of negotiations either to their school board or to the school
board negotiations council no later than
one hundred and twenty 120
days prior to the earliest school district's district annual
meeting conducted within the supervisory union.
Sec. 5. 16 V.S.A. § 2004 is amended to read:
§ 2004. AGENDA
The school board,
directly or through authorized representatives through its negotiations
council, shall, upon request, negotiate with representatives of the recognized
organizations teachers’ or administrators’ organization negotiations council
on matters of salary, related economic conditions of employment, an agency
service fee, procedures for processing complaints and grievances relating to
employment, and any mutually agreed upon matters not in conflict with the
statutes and laws of the state of Vermont.
Sec. 6. 16 V.S.A. § 2005 is amended to read:
§ 2005. WRITTEN AGREEMENT
The negotiations councils for the
school board and the
recognized teachers’ or administrators’ organization
shall enter into a written agreement incorporating therein matters agreed to in
Sec. 7. 16 V.S.A. § 2006 is amended to read:
§ 2006. MEDIATOR
If, after negotiation has taken
place on all matters properly before them, the negotiations councils for the
school board and
a negotiating teachers’ or administrators’
organization are unable to reach agreement on specific negotiable items, they
may jointly agree upon the services and person of a mediator for the purpose of
assisting them in reconciling their differences and resolving the controversy
on terms which are mutually acceptable. If agreement cannot be reached upon
the person of a mediator, then either party may request mediation upon
any and all unresolved issues to be conducted by the American Arbitration
Association or its designee. The parties shall meet with the mediator and make
such information available as required.
Sec. 8. 16 V.S.A. § 2007(b) is amended to read:
fact-finding committee, which shall be activated as soon as practicable upon
request, shall be composed of one member selected by the school board negotiations
council, one member selected by the
council for the teachers’ or administrators’ organization, and one member
who shall serve as chairman chair, to be chosen by the other two
members. In the event that agreement cannot be reached on a third member for
the fact-finding committee, the American Arbitration Association shall be asked
to appoint the third member.
Sec. 9. 16 V.S.A. § 2009 is amended to read:
§ 2009. DELEGATION OF AUTHORITY
School The negotiations
councils for school boards and negotiating for teachers’ and
administrators’ organizations are empowered to delegate in whole or in part
the responsibility for negotiation of the collective agreement to any persons
they may choose. However, final ratification of any agreement on behalf of the
a school board shall remain the sole responsibility of the school board,
unless the school board has agreed to binding interest arbitration pursuant to
subchapter 4 of this chapter.
Sec. 10. 16 V.S.A. § 2021(a) is amended to read:
(a) Arbitration shall only occur
both parties the school board and the recognized organization, or
some or all of the school boards and recognized organizations within a
supervisory union agree in writing to submit to binding arbitration. An
agreement to accept binding interest arbitration may not be revoked.
Sec. 11. 21 V.S.A. § 1722(18) – (20) are added to read:
§ 1722. DEFINITIONS
For the purposes of this chapter:
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(18) "School board negotiations council" means, for a supervisory district, its school board, and, for school districts within a supervisory union, the supervisory union school board or the body comprising representatives designated by each school board within the supervisory union to engage in collective bargaining with their school employees' negotiations council.
(19) "School employees' negotiations council" means the body comprising representatives designated by each exclusive bargaining agent within a supervisory district or supervisory union to engage in collective bargaining with its school board negotiations council.
(20) "Supervisory district" and "supervisory union" shall have the same meaning as in section 11 of Title 16.
Sec. 12. 21 V.S.A. § 1725(b) is amended to read:
(b) The municipal employer shall be represented in the bargaining by its legislative body or its designated representative or representatives. If the municipal employer is a supervisory district or supervisory union, it shall be represented by the school board negotiations council, and the bargaining unit shall be represented by the school employees’ negotiations council.
Sec. 13. TRANSITIONAL PROVISIONS
(a) Unless otherwise agreed to by the parties, collective bargaining agreements between school boards and their employees entered into before the effective date of this act shall remain in effect until their expiration and until the terms of the successor agreements are established.
(b) Unless otherwise agreed to by the parties, collective bargaining agreements for which negotiations began prior to July 1, 2008, but which are executed after that date, shall remain in effect until their expiration and until the terms of the successor agreements are established.
(c) School employers and employees within multi-district supervisory unions who are engaged in collective bargaining as of July 1, 2008, are encouraged but are not required to do so in accordance with the provisions of this act. If the employers and employees have not negotiated a prior agreement by means of supervisory unionwide negotiating, the commissioner shall provide an incentive payment of $5,000.00 from the education fund to be shared by the employer and employee bargaining units within the multi-district supervisory union that choose to proceed with negotiations pursuant to this act.
(d) If the school employers and employees of two supervisory unions negotiate a written agreement covering the employers and employees of both supervisory unions pursuant to the general framework of this act, then the commissioner shall provide an incentive payment of $10,000.00 from the education fund to be shared by the employer and employee bargaining units within the two supervisory unions.
(e) School employers and employees beginning negotiations for a collective bargaining agreement after July 1, 2008 shall do so in accordance with the provisions of this act.
(f) Nothing in this act shall prevent a school district and its employees from amending an existing agreement to expire on a date earlier than previously agreed to for purposes of entering into an agreement under this act.
(g) Nothing shall prevent an agreement negotiated under this act from containing staggered effective dates for the different districts within the supervisory union.
The Vermont General Assembly
115 State Street