Collective Bargaining: Policy Tensions and Practical Options for School Leaders

Abstract

Collective bargaining significantly impacts education policies, especially at the school district level. Its reach extends to consequential issues such as teacher evaluation and pay, to name a few. Because of this close link, education stakeholders disagree about the role of bargaining in education. On the one hand, some argue for the complete elimination of bargaining rights of teachers. This, according to some, will allow administrators the freedom to implement necessary reforms without the obligation to negotiate with unions. On the other hand, some note that collective bargaining provides a channel for teachers to voice their expertise in education. Under this view, bargaining is an essential component of advancing policy initiatives. Regardless, because collective bargaining is a creature of state statute, any modifications to those rights must occur by operation of law. Put another way, the law concerning collective bargaining plays a pivotal role in moderating the influence of unions and administrators regarding education policy. Given this interrelationship, a thorough exploration of the issue is warranted. Accordingly, this chapter will: (1) discuss the historical and legal framework of collective bargaining in public education; (2) highlight the ongoing debate regarding the appropriate role, if any, of it (and unions) in education policies; (3) identify significant changes to collective bargaining statutes that have occurred or have been proposed; (4) suggest recommendations to policymakers and leaders that will assist them in understanding both the potential and the limits of collective bargaining in improving schools.

Citation

Paige, M. (2015), "Collective Bargaining: Policy Tensions and Practical Options for School Leaders", Legal Frontiers in Education: Complex Law Issues for Leaders, Policymakers and Policy Implementers (Advances in Educational Administration, Vol. 24), Emerald Group Publishing Limited, Leeds, pp. 267-282. https://doi.org/10.1108/S1479-366020150000024042