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Collective bargaining in education offers an organized and transparent system to improve student learning and the overall environment in public schools, and helps ensure that educators receive a professional level of pay.
Traditional teacher strikes occur when a teachers union and a school district cannot come to an agreement around various work issues through a process known as collective bargaining. Collective bargaining is legal for teachers in 34 states, optional in an additional 10 states, and illegal in seven states.
Collective bargaining gives educators a voice in their workplace. It helps assure fair wages and benefits, im- proving teacher recruitment and retention. Educators also negotiate better teaching and learning conditions.
Teachers have a constitutional right to join unions, which can be designated as collective bargaining representatives for school districts. "The public employer and the exclusive representative, through appropriate officials or their representatives, have the authority and the duty to bargain collectively."
The right to collective bargaining is the right of individual employees in a workplace to come together and to choose a representative, based on a majority vote, who will then negotiate with their employer over terms and conditions of employment.
Teachers, as with other public employees, do not have the constitutional right to collectively bargain (that is for the states to decide). But the First Amendment does provide that people have the right to "peaceably assemble," which includes the right to join a union (if not as a vehicle for collective bargaining).
The Act excludes certain individuals, such as agricultural laborers, independent contractors, supervisors and persons in managerial positions, from the meaning of "employees." None of these individuals can be included in a bargaining unit established by the Board.
Bargaining gives education professionals a genuine voice Negotiations ensure that education employees have a respected voice in the workplace and are involved in both identifying and solving school and classroom issues, which in turn promotes student learning.