50 Years of Collective Bargaining in the Schools: History, Trends, and Practical Applications for the Future
50 Years of Collective Bargaining in the Schools: History, Trends, and Practical Applications for the Future Nancy Hungerford, The Hungerford Law Firm, Oregon City, OR; Mike Julka, Boardman & Clark, Madison, WI; Greg Guercio, Guercio & Guercio, Farmingdale, NY; Justin Petrarca, Scariano, Himes, and Petrarca, Chicago, IL Presented at the 2017 School Law Seminar, March 23-25, Denver, Colorado The NSBA Council of School Attorneys is grateful for the written contributions of its members. Because Seminar papers are published without substantive review, they are not official statements of NSBA/COSA, and NSBA/COSA is not responsible for their accuracy. Opinions or positions expressed in Seminar papers are those of the author and should not be considered legal advice. © 2017 National School Boards Association. All rights reserved. LABOR RELATIONS - EARLY BIRD SESSION PRESENTATION March 23, 2017 50 Years of Collective Bargaining in Schools: A Tale of Two States and History, Trends, and Practical Applications for the Future By Nancy Hungerford, The Hungerford Law Firm, Portland, Oregon Michael Julka, Boardman & Clark, Madison, Wisconsin I. INTRODUCTION Collective bargaining in the private sector was well-established and flourishing in 1967, when COSA was founded. But the enabling legislation, the National Labor Relations Act (NLRA), excluded public employees from coverage, so legal structure and protection of collective bargaining activities for public school employees would depend on state-by-state enactment of enabling laws. The two major national school employees’ associations, the American Federation of Teachers (AFT) and the National Education Association (NEA), initially took different positions on whether and how organization and activism should occur, with the AFT taking a more aggressive, even “militant,” position and the NEA desiring to maintain an identity as an organization of professional educators.
[Show full text]