North Carolina Collective Bargaining Agreement Between School District and Community Teachers' Association
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FAQ
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.
Mandatory subjects are those topics required by law and the National Labor Relations Board (NLRB). Those subjects include items like wages, overtime, bonuses, grievance procedures, safety and work practices, and seniority, as well as procedures for discharge, layoff, recall, or discipline.
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).
Collective bargaining is a process through which the employee union and employer representatives exchange ideas, mutually solve problems, and reach a written agreement. The resulting approved contract binds both groups.
They divide bargaining subjects into three categories: mandatory, permissive, and illegal. Mandatory subjects, broadly speaking, relate to wages, hours, pensions, healthcare and working conditions. Employers cannot refuse to bargain over these subjects, and negotiations may continue to the point of mediation or strike.
What is the right to collective bargaining? 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.
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.
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.