Collective Bargaining Laws by State

Behaviour away from the negotiating table may also be relevant. For example, if an employer were to make a unilateral change to the working conditions of employees without negotiations, it would be a sign of bad faith. New Jersey: Teacher Transfer/Reassignment Status: N.J. Stat. Ann. § 34:13A-25 « Transfers of employees by employers between workplaces are not necessarily negotiable, unless no employer can transfer an employee for disciplinary reasons. » Jurisdiction: Ridgefield Park Ed. Ass`n v. Ridgefield Park Vol. of Ed., 393 A.2d 278, 284 (N.J., 1978). « We note that the issue of teacher transfer is one where a negotiated agreement would have a significant impact on the exercise of a public employer`s inherent management responsibilities. Therefore, it is not a question of what collective bargaining is absolutely necessary.

Ohio: Pension/Retirement Benefits Jurisprudence: In re Montgomery County Joint Vocational School Dist Bd of Ed, SERB 89-017 (7-14-89). Mandatory topics of collective bargaining that must be negotiated by an education committee at the request of a union include pension incentive plans.www.serb.ohio.gov/pdf/opinions/1989/1989-OPN-00-0017.pdf District of Columbia: Management Rights Statute: D.C. Code: § 1-617.08 « (a) The respective personnel authorities (management) retain the exclusive right to direct the employees of the agencies in accordance with the applicable laws and rules and regulations: (1) the employees of the agencies; (2) hire, promote, transfer, assign and retain personnel within the Agency and suspend, demote, dismiss or take other disciplinary measures against the personnel for good cause; (3) In order to relieve workers of absence from work or for other legitimate reasons … (b) All matters shall be deemed negotiable, except those prohibited in this sub-chapter. Case Law: In American Federation of Gov`t Employees, AFL-CIO Local 2978 v. D.C. Dep`t. of Health, PERB Case No. 11-U-33 (2012). `The Council decided that `the exercise of management rights does not release the employer from its obligation to negotiate the impact and impact and the procedures for implementing [this right]`. Protecting the rights of public sector workers is essential to creating jobs and prosperous communities.

Public employees serve states, cities, and counties, providing vital services such as health care, sanitation, and education at all levels. But in many states, civil servants do not have the right to bargain collectively with their public employer. While their work is essential to communities across the country, these public sector employees do not have a voice in their workplaces. Silenced and unprotected, these officials are subjected to unfair treatment and unfair working conditions. The violation of public servants` right to collective bargaining is not only unfair to workers, but also unfair to the communities they serve. The EU defends the right of civil servants to collective bargaining and fights for workers in states where collective bargaining is prohibited or non-existent. In the latter countries, the EU stands with civil servants who demand to be respected by their employers. Vermont: Insurance or benefits law: Vt. Stat. Ann..

16, § 2004 (valid from 1 January 2020) « As used in this section, the terms `salary` and `related economic conditions of employment` do not include health benefits or cover other than independent visual and dental services. Health care and health insurance benefits, with the exception of autonomy and dental services, but excluding agreements for the reimbursement of health care and health savings accounts, shall not be subject to collective bargaining under this Chapter but shall be determined in accordance with Chapter 61 of this Title. » Nevada: Wages Act: Nev. Reverend Stat. Ann. § 288.150 (2) (a) « The scope of mandatory negotiations is limited to: (a) rates of pay or wages or other forms of direct financial compensation … The NLRA allows employers and unions to enter into union safety agreements that require all workers in a collective bargaining unit to become members of the union within 30 days of being hired and to start paying union dues and fees. Idaho: Legality of Collective Bargaining Status: Idaho Code Ann. § 33-1271 « The board of directors of each school district, including specially accredited districts, or the designated representative(s) of such district are hereby authorized, on its own initiative or at the request of a local educational body representing the majority of professional employees, to enter into a bargaining agreement with the local educational body or designated representative(s) of that organization. » The state requires collective bargaining if a majority of teachers vote for union representation Alaska: Legality of collective bargaining Act: Alaska Stat. Ann. § 23.40.070 « The legislator declares that it is in the public order of the state to promote harmonious and cooperative relations between the government and its employees and to protect the public by ensuring the efficient and orderly functioning of government. This policy must be implemented by (1) recognizing the right of public servants to organize for the purposes of collective bargaining; (2) Obligation of public employers to negotiate with workers` organizations on wages, working hours and other conditions of work and employment and to conclude written agreements with them… Jurisdiction: Peninsula Borough School Dist. v.

Kenai Peninsula Borough School Dist. Classified Ass`n, 590 P.2d 437.440 (Alaska 1979). « We therefore consider it inevitable that the right of uncertified district employees to `select representatives of their choice for collective bargaining,` whether from local or national organizations, `without restriction or coercion by their employer,` will be firmly enshrined in the First Amendment. » Montana: Salary status: Mont. Code. Ann. §39-31-305 (2) « . Collective bargaining is the fulfillment of mutual obligations. to meet at reasonable times and to negotiate in good faith wages, hours of work, benefits and other terms and conditions of employment . . . » Florida: Pension Jurisdiction: Scott v. Williams, 107 Sun.3d 379, 389 (Fla. 2013).

« . Old-age pensions and benefits are compulsorily subject to public collective bargaining. Massachusetts: Insurance or fringe benefits Case Law: Anderson v Board of Select Men Wrentham, 548 N.E. 2d 1230 (Mass. 1990). The percentage of the employer`s contribution to health insurance is a subject of compulsory negotiation. The Court also clarified that freedom of association means that a person has the right to develop his or her own beliefs rather than having them coerced by the state. Therefore, unions are prohibited from using non-members` money to promote an ideological cause that has nothing to do with the union`s duties as a representative of collective bargaining. New York: Evaluation process or instruments Status: N.Y. Educ.

§ 3012-c « Annual evaluation of teachers` professional performance. (2) (a) (1) There must be: (i) a sub-component of government assessments and other similar measures that compromises twenty or twenty-five percent of the assessment; (ii) locally selected measures of the sub-components of student achievement that affect twenty or fifteen per cent of the assessment; and (iii) another teacher`s or principal sub-component measure of effectiveness that includes the remaining sixty percent of the score, which in sum represents the overall assessment of the effectiveness of the teacher or principal. (2) the choice of the local measure or measures. are determined by collective bargaining. Minnesota: Legality of the Collective Bargaining Act: Minn. Stat. § 179A.06 (5) « Public servants, through their authorized sole representative, have the right and duty to meet and negotiate in good faith with their employer on complaint procedures and conditions of employment, but this obligation does not oblige the sole representative to accept a proposal or to demand the granting of a concession. » Pennsylvania: Legality of the Collective Bargaining Act: 43 Pa. Stat.

Ann. § 1101.701 « Collective bargaining is the fulfillment of the mutual obligation of the public employer and the representative of public sector employees to meet at reasonable hours and to give advice in good faith with respect to wages, hours of work and other conditions of employment, or the negotiation of an agreement or a matter arising therefrom and the performance of a written contract containing an agreement concluded, but such an obligation does not oblige either party to accept an agreement. to make a proposal or to apply for the granting of a concession. » New York: Transfer/Reassignment of Teachers Jurisprudence: Application of Steuben-Allegany Vol. of Co-op. Educational Services, 581 N.Y.S.2d 973.976 (S.C. Steuben County 1990). « This wording is permissive, not mandatory, and there is no other evidence to support the conclusion that Parliament intended the decision on the change of teacher to be a mandatory subject of collective bargaining. » Rhode Island: Wages Act: R.I. Gen. Lois Ann. § 28-9.3-2 (a) « Certified teachers in the public school system of any city, city or regional school district have the right to bargain professionally and collectively with their respective school committees and to be represented by a trade union association or organization in bargaining or collective bargaining on hours, wages, working conditions and any other conditions of professional employment. » Arkansas: Legality of the collective agreement Status: Ark. .

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