Wed
Feb 23 2011
07:41 am

Bill Nbr: HB0130
Sponsor: Maggart
Status:
Next sched. action: Wed, 2011/03/30

Description:

As introduced, abolishes teachers' unions ability to negotiate terms and conditions of professional service with local boards of education. - Amends TCA Section 5-23-107 and Title 49.

This bill prohibits any local board of education from negotiating with a professional employees' organization or teachers' union concerning the terms or conditions of professional service on or after the effective date of this bill.

Under present law, the Education Professional Negotiations Act gives any person employed by a local board of education (LEA) or charter school who has a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state the rights to self-organization, to form, join or be assisted by professional employees' organizations, to negotiate through representatives of their own choosing and to engage in other concerted activities for the purpose of professional negotiations or other mutual aid or protection. The board of education and the recognized professional employees' organization must negotiate in good faith the following conditions of employment: salaries or wages; grievance procedures; insurance; fringe benefits; working conditions; leave; student discipline procedures; and payroll deductions.

This bill removes all rights and requirements under present state law regarding such professional employees, professional employees' organizations, and negotiations between such organizations and the board of education or the governing body of the charter school. However, this bill would not abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before the effective date of this bill. Any such contract or agreement would remain in full force and effect until the expiration of the contract or agreement. Upon the expiration of a contract or agreement negotiated by a board of education and a professional employees' organization, teachers employed by such board of education would have the rights in their employment that are afforded to them under state and federal law and the personnel policy applicable to them.

More info...

bizgrrl's picture

The House is considering a

The House is considering a change to this bill to allow local school boards to determine whether they will recognize the unions. They fear there may be enough votes in the House Education Committee and its subcommittee to stop the bill as it is currently worded.

Jerry Winters, the TEA's director of government relations, said the union still would oppose the bill, even with the compromise language, because it would let school boards decide unilaterally whether to recognize the union.

R. Neal's picture

Being debated right

Being debated right now.

(link...)

A committee member asks the question "what is this bill trying to solve? can someone articulate what the problem is?"

R. Neal's picture

Jerry Winters TEA addressing

Jerry Winters TEA addressing committee. Says exist professional negotiating law allows teachers to sit down and discuss with school board wide range of topics such as adequate textbooks, not just salaries. Doesn't force membership, doesn't allow work stoppage. This bill is an attack on teacher professionalism. State saying we don't trust teachers. Attempt to silence voice of teachers. A strike at the heart of the education profession. The only moral failure in this state is that we sit back and watch professional respect deteriorate. Changing the existing law is not in anyone's best interest. TEA has never said they think the existing law is perfect. Open to discuss. But weren't part of any compromise or discussion on the proposed changes.

You don't make law on the extremes of the political spectrum. You make good law in the center. You make good law to solve problems, not tear people down.

R. Neal's picture

School Board Association

School Board Association addresses committee. Were involved in discussions re. legislation throughout the process. This bill will improve education in TN. Existing law is too confrontational.

Naifeh doesn't understand. Educators, administrators, superintendents say existing law works fine. This is pure, raw, politics.

R. Neal's picture

Voting to amend bill to allow

Voting to amend bill to allow collective bargaining by any organization, but limits issues that can be negotiated.

Amendment passed, 12 to 6.

Dunn says police, fire don't have it (collective bargaining), why should teachers? Interferes with school board and principals making decisions. Biggest enemy of public education is status quo. Private schools and home schools in Knox Co. everywhere, people paying for something they could get for free. If this were a restaurant or store losing customers they would change.

Fitzhugh: One year ago we had race to the top and got buy in from everybody. There were many changes. We need to let that work. Today is not a combined collaborative effort. I will defend public education in this state.

DeBerry: This bill is punitive and political. Bad should not be a replacement for terrible.

Voting on the bill...

Bill passes Education Committee, 12 to 6.

bizgrrl's picture

Dunn says, "Biggest enemy of

Dunn says, "Biggest enemy of public education is status quo."

Hah! I'm thinking their biggest enemies are Republicans and corporate america.

jcgrim's picture

Schools are free?

Where on this planet is education, private, home or otherwise, free?

R. Neal's picture

I believe that's a reference

I believe that's a reference to Dunn's remarks comparing public education to private schools and characterizing public education as "free." Which is actually a pretty stupid thing for Dunn to say.

Stick's picture

Who says that private schools

Who says that private schools are actually better than public?

(link...)

R. Neal's picture

From the TNDP: Forrester

From the TNDP:

Forrester Slams ‘So-Called Compromise’
Bill strips Tennessee teachers’ ability to negotiate contracts

NASHVILLE – The Tennessee Democratic Party chair denounced Thursday the anti-teacher bill approved by House Republicans on the Education Committee this week.

The “so-called compromise” bill continues a misguided effort to strip teachers of their current right to negotiate classroom improvements for students, better working conditions and fair wages.

“To call this a compromise is nothing short of ridiculous,” said Chip Forrester, chair of the Tennessee Democratic Party. “You don’t make compromises with yourself. This was a back room deal cut in secret between Republicans, Republicans and presumably their public relations people.”

The anti-teacher bill makes it illegal for teachers to effectively negotiate a contract covering their salary, benefits, working conditions, school safety, class size, planning time, time to teach, length of the school day, scheduling and other priorities. The measure passed the House Education Committee Tuesday on a 12-6 party-line vote.

“This is nothing more than a Republican PR stunt,” Forrester said. “It is not a compromise — it is a blatant power play to strip teachers of their right to effectively negotiate with their employer.”

“With state unemployment rising and Tennesseans clamoring for work, the majority party and the administration should be pursuing an aggressive jobs package, but once again, all we are seeing is a concerted effort to shred the rights of working people,” Forrester said. “Meanwhile Democrats are standing by their pledge to get people working again and will introduce proposals in the coming weeks that would bring more jobs to Tennessee and preserve quality jobs and rights for our teachers and all working families across the state.”

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