RUNNING HEAD: BARGAINING REVIEW 1

Bargaining Review

Scott Greiner

EA 742

Dr. Rodney Green

Oakland University

July 19, 2017

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Introduction

Bargaining is something that has been around for a while, but in education, it has only

been around for roughly 50 years. The idea of bargaining in education began in 1965 when

workers came together to discuss wages, hours, and conditions of employment. Compa (2014)

explained that in 1806, there was a court case where shoemakers in Philadelphia did not want to

work for less than the set price they had established (p. 91). The result of this case led the idea of

collective bargaining into the 19th century, where bargaining was deemed more of an unnatural

thing instead of a good thing.

Moving into the 20th century, the topic began to heat up again, and more people began

talking about bargaining in various job fields. While the early part of the century produced little

results, the second half of the century is where the big push came for legislation on bargaining.

Compa goes on to explain that we have three types of bargaining today, railroad and airline

industries, private sector, and public sector (p. 92). In 1935, the National Relations Act was

passed, and soon after the National Labor Relations Board was created. Under the NRA of 1935,

guidelines were established for Unfair Labor Practice, Majority Rule, Certification, Duty to

Bargain, Impasse, etc.

Background of District

The district I looked at and reviewed was Swartz Creek Community Schools. Swartz

Creek is located outside of Flint, between Flint and Lansing. It is a small town with under 10,000

people. The town has a median household income of $49,000. When it comes to education, there

are 8 schools in the community, and the high school houses 1,100 students, with a graduation

rate of 95%. There are more than 200 teachers employed and roughly 4,000 students that attend

the schools. The employment of the schools has fluctuated over the past years with a small dip
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followed by a gain in teachers and teacher assistants. The school has a 40-45% low-income

population; 14% of the student body has at least one disability, the gender ratio is 42% female

compared to 58% male, and the ethnicity breakdown is 20.4% minority compared to 79.6%

caucasian.

While reviewing and researching the district, there was a lot of information that goes into

their contract and negotiating. Some of the biggest challenges facing the district are those that we

hear a lot about already as educators, class sizes are too big, days off, and layoffs. This past

negotiation went pretty smooth overall; however, the district’s current contract expires at the end

of the next school year, 2014-2018. Overall, it seems like the district has a very smooth transition

that works for both sides of negotiating to agree on a contract that benefits all in the educational

environment.

Process of Bargaining

Throughout the course of bargaining and negotiating, groups meet in their designated

teams to discuss their points, topics, stances to issues, etc. From there, the teams come to the

table and discuss the items at hand. When the teams are discussing their points in their own

teams, they prepare their arguments about why they feel the topic should be covered. The teams

must cover the required information that needs to be covered, and then the union and team

discuss other topics as needed.

After meeting with their own teams, the teams come together. During this initial

conversation, norms are set, and lines are drawn. In this phase, all sides try and build trust and a

calm, smooth environment that is productive to all involved. This is a time for initial thoughts to

be set and topics lined out, as in an agenda.

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The third step is for the topics and solutions to be proposed. During this time, ideas are

proposed with possible solutions. All parties involved discuss their thoughts and potential

solutions to the topics at hand. Parties put the thoughts down on paper, and this could be thought

of as the rough draft stage. All thoughts and solutions are written down for all parties, and this

leads into the next phase.

Next, the bargaining begins. While going through this step, teams discuss their stances

and solutions. The other side counters what is being proposed with their recommendations, and

then the teams go back and forth to come up with a final resolution. Each team is given the time

to propose their ideas and discussion takes place.

Finally, the settlement comes in. At this point, teams have negotiated and bargained their

points and solutions. Everyone has come to an agreement on the solutions and are ready to

confirm the contract and terms of service.

Overall, the process can be very drawn out or very simple. The topics range in

complexity based upon the negotiations of both parties. Bargaining is something that looks out

for the interest of all, but it can have a huge impact on the school community. One would think

that bargaining would be utilized as a beneficial tool to build positive relationships and positive

culture, but it is sometimes something that creates tension and negativity.

Issues in Bargaining

There are a wide variety of issues that take place in bargaining. Issues include class sizes,

teacher pay, schedule of the school day at the school level; furthermore, issues like evaluations,

how tenure is earned, benefits to be paid, and rules of a firing come from the state. These issues

impact the school as a whole, and these can lead to very tense conversations and situations. The
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local issues are important, but usually play out a little easier than the state issues. State issues are

created by legislature that has little background into the education world. These prove hard to

deal with from all sides of the education community.

It is the union’s job to advocate for collective bargaining which helps keep higher

salaries, ensure there is an appropriate way for the dismissal of teachers, as well to ensure class

sizes stay at a reasonable level. According to Biddle, Cohen, Walsh (2008), all but five states

either require or permit school districts to bargain a contract with the local teachers’ union (p. 4).

For these states, the union is the voice for the bargaining, but for the other states, there are either

no rules on bargaining or employees represent themselves.

Other issues that come into play according to Biddle, Cohen, Walsh (2008) include

granting sick days, time for preparation of lessons, seniority provisions, and bumping of teachers

by other teachers (p. 4-5). The state influences tenure, and this topic varies based on the state.

Some states require longer amounts of time of experience to gain tenure, such as Michigan,

whereas other states require less time, like 2-3 years with exceptions for highly effective

teachers. Evaluations are also dictated by the state and Biddle, Cohen, Walsh say there are very

few unions or administrators that will defend the current system (p.7). Pay reform is included in

one of these state issues. These reforms include achievement and test results and high-poverty

schools. Employee benefits are also determined at a state level, and this includes sick leave,

retirement, and other personal leaves. Biddle, Cohen, Walsh explain that thirty states have

policies governing sick leave and how unused days should be compensated for at retirement

(p.11).

Overall, issues range from the local level to the state level. When looking at local/district

level issues, these come up frequently and are part of the bargaining process. State issues come
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with many controversies and negative implications. There is confusion and many loop holes to

deal with when looking at the state level requirements.

New Statutes and Issues

As of 2011, the Public Act of 2011 implemented many new statutes and created many

issues in education. Emergency managers were introduced, tenure issues, wages and benefits,

retirement, and other issues of concern were enacted. During this time, Right to Work was

enacted. Reasonable and Just Cause also became a topic in education for termination. Student

achievement began playing a role in evaluations, too. All of these began putting a harder

emphasis on negotiating and settling issues in education.

This Act also expanded prohibited topics of bargaining that includes classroom

observations, teacher placement, evaluation, discipline, and discharge. As most public education

legislation in Michigan, the Act was taken in a very negative way. It was seen as an attack on

public education and unions. An example of why people felt this way is the Act increased the

number of charter schools in Michigan.

These statutes created many issues in the education community. A negative tone was cast

on public education, and the culture of education took a big hit. Legislation like this impacts the

culture and learning in schools. It creates a tension that is hard to break in the schools. Even

though teachers and administrators disagree with it, both sides must learn to cope, and

unfortunately administrators must implement the changes. This can impact the relationships of

the teachers and leadership.

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Conclusion

Bargaining has vast impacts on the entire education community. Through bargaining and

negotiation, unions and the district work through a process to identify areas of concern and

solutions to go with those concerns. Bargaining plays a very vital role in public education.

By utilizing bargaining, educators are given a place to speak their mind and have their thoughts

heard in a public meeting. This allows teachers to have their concerns heard that they are

witnessing in the workplace. Teachers often feel unheard and that their opinion does not matter;

through bargaining, teachers are given the voice to speak their mind.

As well, bargaining improves the learning taking place in the classrooms and helps retain

effective and highly effective educators. By ensuring these two things are met, the quality of the

school and education are increased. Included in this area are wages and practices. These ensure

teachers are satisfied at work, and when this occurs, achievement results increase.

Finally, bargaining ensures the working conditions are appropriate and fair for all employees.

Working conditions plays the biggest role in education, because it encases so many different

topics. From the day schedule to the master schedule to how long the teacher is in front of

students, to the class size, all of this impact other aspects of the school day and school year.

Overall, bargaining has many positives impacts on the public education sector.
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References

Biddle, R., Cohen, E., Walsh, K. (2008). Invisible ink in collective bargaining: why key issues

are not addressed. National Council on Teacher Quality, July 2008, 1-24. doi:

http://www.nctq.org/dmsView/Invisible_Ink_in_Collective_Bargaining_Why_Key_Issue

s_Are_Not_Addressed_NCTQ_Report

Compa, L. (2014). An overview of collective bargaining in the united states. Digital Commons

@ ILR, Articles and Chapters 2014, 89-98. doi:

http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1925&context=articles