FAQ About Collective Bargaining

COLLECTIVE BARGAINING IS OUR CONSTITUTIONAL RIGHT!!!

FREQUENTLY ASKED QUESTIONS
ABOUT COLLECTIVE BARGAINING IN SPRINGFIELD

What is collective bargaining?

It is a process by which an employer (in our case the school board) and a representative of the employees meet to solve issues and/or problems. It involves thorough discussion as well as a give and take through a mutually respectful process. Neither party has all the answers, but by sharing information and perspectives, agreements can be reached that benefit both parties. SNEA believes the voice of teachers in matters dealing with all aspects of education will result in better decisions for both our students and teachers when there is collective bargaining.

What is an exclusive representative?

There are over 1,800 teachers (the term "teacher" includes counselors and librarians), nurses and parent educators in Springfield. It is not possible for each of us to negotiate with the school board and it is not feasible to have multiple organizations negotiate with the district for the same group of employees. An exclusive representative is selected by us (NOT by the school board or the administration) to be the one, representative voice of all teachers in collective bargaining with the school district.

How is an exclusive representative determined?

Current Missouri law has a legally defined system for determining an exclusive representative for nearly all public employees except teachers, college faculty and most first responders. We have a constitutional right to collective bargaining1, and in the absence of a law teachers and the district should negotiate a mutually agreeable procedure for determining an exclusive representative. It is unreasonable and unfair for the district to deny our constitutional right using the excuse there is no state law. If an organization can demonstrate a meaningful level of support from the teachers by signatures on a petition or authorization cards and meet some other minimal qualifications the organization’s name should be placed on a ballot. The organization should be an existing teacher organization NOT an administratively contrived organization. Each teacher in the "bargaining unit" (defined below) should then have the right to cast a secret ballot vote to express your views and make your choice. The organization on the ballot with the highest number of votes would become the exclusive representative. It is democracy in action.

Why ask the school board for a secret ballot election?

On October 21 the school board has scheduled discussion and action on the question of collective bargaining with teachers. A secret ballot election is the democratic process we use in the United States and it would be a positive step in confirming Springfield teachers’ constitutional right to collective bargaining under the Missouri Constitution. If the school board refuses to establish a process for teachers (NOT the administration and NOT the school board) to elect a representative of our own choosing then our constitutional rights are DENIED.

What is a bargaining unit?

A bargaining unit is a defined group or classification of employees that are represented by an exclusive representative. The teachers, nurses and parent educators that would make up the bargaining unit would be formally established by an agreement reached with the district through bargaining.

What did the Missouri Supreme Court say about collective bargaining?

In May 2007, Independence NEA won a historic victory for teachers and other public employees throughout Missouri with the support of the Missouri National Education Association (MNEA) and the National Education Association (NEA). The Missouri Supreme Court confirmed the constitutional right of teachers and other public employees to "organize and to bargain collectively through representatives of their own choosing." (emphasis added) We also have the right to a contract setting forth the agreements reached through collective bargaining that cannot be unilaterally changed by the employer.

Does that mean that teachers can strike?

NO. The Supreme Court was very clear and explicit. Missouri law prohibits strikes by public employees and the Supreme Court did NOT change that fact.

What if I am not a member of SNEA? Can I sign a petition calling for the School Board to conduct an election?

Any teacher, nurse or parent educator can sign a petition calling for a secret ballot election. We welcome and invite support from all teachers in the district both members and non-members. We would encourage non-members to join SNEA but you do NOT have to be a member to petition the school board for an election.

WE RESPECTFULLY ASK FOR YOUR SUPPORT ON OUR PETITION BY SEPTEMBER 18TH SO SPRINGFIELD TEACHERS CAN VOTE BY SECRET BALLOT TO CHOOSE AN EXCLUSIVE REPRESENTATIVE AND BE REPRESENTED IN COLLECTIVE BARGAINING.

Prepared and distributed by Springfield NEA