Missouri NEA Missouri NEA

Kari Estes,Kari Estes,

UniServ DirectorUniServ Director

Who are We?Who are We?

LocalLocal State State NationalNational Education Education

ProfessionalsProfessionals– Teachers, Students, Teachers, Students,

Retired, Support Staff, Retired, Support Staff, College ProfessorsCollege Professors

What do we do?What do we do?

Professional OrganizationProfessional Organization UnionUnion AdvocatesAdvocates

A teacher’s working conditions are a student’s

learning conditions.

Where are we located?Where are we located?

Affiliates in all 50 Affiliates in all 50 statesstates

Puerto RicoPuerto Rico Military bases Military bases

abroadabroad Missouri NEA has Missouri NEA has

6 offices 6 offices

When did we begin?When did we begin? NEA founded in 1857 by 43 teachers (was first NEA founded in 1857 by 43 teachers (was first

called the NTA)called the NTA) 1870 NTA name changed to NEA1870 NTA name changed to NEA Missouri was one of the founding states of the Missouri was one of the founding states of the

NEA - called the MSTANEA - called the MSTA 1970 creation of the NEA UniServ Program1970 creation of the NEA UniServ Program 1972 MSTA rejected unification and passed a 1972 MSTA rejected unification and passed a

constitutional amendment that disaffiliated constitutional amendment that disaffiliated any MSTA local that required unified any MSTA local that required unified membershipmembership

1973 NEA disaffilates the MSTA and the 1973 NEA disaffilates the MSTA and the Missouri NEA is created by a handful of Missouri NEA is created by a handful of teachers from about a dozen school districtsteachers from about a dozen school districts

Why do we exist?Why do we exist? Our Mission: Uniting and Our Mission: Uniting and

empowering public education empowering public education advocates to shape the future advocates to shape the future of education of education

MNEA Core ValuesMNEA Core Values– Public Education and Public Education and

StudentsStudents– Member Driven Member Driven

OrganizationOrganization– Member AdvocacyMember Advocacy

A teacher’s working conditions A teacher’s working conditions are a student’s learning are a student’s learning

conditions.conditions.

The Benefits of The Benefits of MembershipMembership

Professional GrowthProfessional Growth Advocacy Advocacy

OrganizationOrganization Legal ServicesLegal Services Economic Economic

AdvantagesAdvantages National AssociationNational Association

National AssociationNational Association

http://www.nea.org/index.htmlhttp://www.nea.org/index.html National issuesNational issues

– ESEA aka NCLBESEA aka NCLB– IDEAIDEA– Social SecuritySocial Security– VouchersVouchers– TenureTenure– Merit PayMerit Pay

Professional GrowthProfessional Growth

www.mnea.orgwww.mnea.org Classrooms and KidsClassrooms and Kids Teaching and LearningTeaching and Learning NEA GrantsNEA Grants Read Across AmericaRead Across America ConferencesConferences Networking Networking

Member’s Only SiteMember’s Only Site

http://www.memberweb.com/http://www.memberweb.com/memberweb2K1/main2K1.aspmemberweb2K1/main2K1.asp

Economic advantagesEconomic advantages Leaders UpdatesLeaders Updates Tools you can useTools you can use

Legal ServicesLegal Services Professional staff assistanceProfessional staff assistance EEL ProgramEEL Program

– $4 million in liability coverage$4 million in liability coverage– Civil suitsCivil suits– Criminal chargesCriminal charges

ULSP ProgramULSP Program– Division of Family ServicesDivision of Family Services– Probationary teacher non-renewalProbationary teacher non-renewal– Tenure teacher contract terminationTenure teacher contract termination– Other contract or legal issuesOther contract or legal issues

Attorney Referral ProgramAttorney Referral Program

Advocacy OrganizationAdvocacy Organization

Legislative Legislative – http://www.mnea.org/capitol/ http://www.mnea.org/capitol/ – http://www.nea.org/lac/highered/index.html http://www.nea.org/lac/highered/index.html

Political ActionPolitical Action– No dues dollars are used for political No dues dollars are used for political

contributions! Separate, Additional, contributions! Separate, Additional, VoluntaryVoluntary

– Candidate screening based on education Candidate screening based on education issues onlyissues only

LocallyLocally

The Independence DecisionThe Independence Decision

1945 - Missouri Constitution1945 - Missouri Constitution– ““That employees shall have the right to That employees shall have the right to

organize and to bargain collectively through organize and to bargain collectively through representatives of their own choosing." representatives of their own choosing." Article 1, Section 29 Article 1, Section 29

1947 - Springfield v Clouse1947 - Springfield v Clouse– Excludes public employeesExcludes public employees

1965 - 105.5001965 - 105.500– Meet and conferMeet and confer

1982 - Sumpter v Moberly1982 - Sumpter v Moberly– Meet and confer not bindingMeet and confer not binding

The Independence DecisionThe Independence Decision

Public employees have right to bargainPublic employees have right to bargain Don’t have to agree, if they do, binding contractDon’t have to agree, if they do, binding contract Strikes still illegalStrikes still illegal Bargaining FrameworkBargaining Framework

– Created by LegislatureCreated by Legislature– By DistrictsBy Districts

Inherent in CBInherent in CB– Exclusive, elected representativeExclusive, elected representative– Good faith Good faith – Duty of fair representationDuty of fair representation

Bargaining Laws K-12 Teachers

No Bargaining Law But Limited Bargaining Takes Place

No Bargaining Law

WAMT

STATUS OF COLLECTIVE BARGAINING: FOR PUBLIC SCHOOL TEACHERS

NEA COLLECTIVE BARGAINING AND MEMBER ADVOCACY (AS OF APRIL 2003)

WY

OR

IL

CA

NV

TX

OK

ND

SD

NE

KS

IA

MN

WI

MIID

IN OHPA

NY

ME

MS AL GASC

NC

VA

WV

FL

AK

TN

VTNH

MA

RI

CT

NJ

DE

MD

UT

HI

PR

CO

AZ

MO

AR

LA

KY

* Bargaining Law In NM Was Not Renewed In 1999

NM*

Bargaining Law Covering Education Support Professionals

No Bargaining Law

WAMT

STATUS OF COLLECTIVE BARGAINING: FOR EDUCATION SUPPORT PROFESSIONALS

NEA COLLECTIVE BARGAINING AND MEMBER ADVOCACY (AS OF APRIL 2003)

WY

OR

IL

CA

NV

NM

TX

OK

ND

SD

NE

KS

IA

MN

WI

MIID

IN OHPA

NY

ME

MS AL GASC

NC

VA

WV

FL

AK

TN

VTNH

MA

RI

CT

NJ

DE

MD

UT

HI

PR

CO

AZ

MO

AR

LA

KY

Collective BargainingCollective BargainingMeet and Confer Bargain

Public education employees and board members discuss problems. The school board unilaterally makes decisions.

The two parties arrive at mutually agreeable solutions in an enforceable written agreement.

When differences exist, the board makes the final decision.

A neutral third party assists in resolving differences.

The board may meet with as many employee groups as it wishes, pitting one group against another.

Employees speak with one voice, a representative they’ve elected.

Results are recommendations for the Board of Education to change their policies.

Results are complied in a separate binding agreement ratified by both the teachers and Board.

What’s the Difference?What’s the Difference?

MSTA filed a “friend of the court” brief jointly with MSTA filed a “friend of the court” brief jointly with the Missouri Council of School Administrators the Missouri Council of School Administrators before the Missouri Supreme Court opposing the before the Missouri Supreme Court opposing the collective bargaining rights of teachers and other collective bargaining rights of teachers and other public school personnel. public school personnel.

MSTA does not have the funding or the resources MSTA does not have the funding or the resources to give proper representation to members. to give proper representation to members.

http://www.mnea.org/news/http://www.mnea.org/news/Ind_SupremeCourt.htm Ind_SupremeCourt.htm

MSTA’s BriefMSTA’s Brief

Teachers and school employees might try to Teachers and school employees might try to negotiate about…negotiate about…

Before/after school Before/after school programs (p 20)programs (p 20)

Lunch duty (p. 21)Lunch duty (p. 21)

After school meetings (p. After school meetings (p. 21)21)

Class sizes (p. 35)Class sizes (p. 35)

Textbook selection (p. 35)Textbook selection (p. 35) Retirement plans (p. 35)Retirement plans (p. 35)

Definition of instructional Definition of instructional time (p. 35)time (p. 35)

Extracurricular activities (p. Extracurricular activities (p. 35)35)

Calendar/schedule changes Calendar/schedule changes (p. 35)(p. 35)

Length of school days (p. 35)Length of school days (p. 35)

Professional development Professional development planning (p. 35)planning (p. 35)

Professional and non-certified Professional and non-certified employee evaluations (p. 35)employee evaluations (p. 35)

The Differences are The Differences are ImportantImportant

MSTA believes that allowing the experts MSTA believes that allowing the experts (you!) that work in our schools to bargain (you!) that work in our schools to bargain on these subjects would mean that “…the on these subjects would mean that “…the focus will move from acting in the best focus will move from acting in the best interest of students…” interest of students…” (p. 36)(p. 36)..

By contrast, Missouri NEA believes in the By contrast, Missouri NEA believes in the judgment and commitment of the experts judgment and commitment of the experts (you!) that work in our schools. These (you!) that work in our schools. These experts are exactly the right people to experts are exactly the right people to keep the focus on what is best for students.keep the focus on what is best for students.

What do you think?What do you think?

If you believe that the experts (you If you believe that the experts (you the teachers) need to have a the teachers) need to have a legitimate voice in decision-making,legitimate voice in decision-making,

If you believe that having a binding If you believe that having a binding contract is a right of professionals, contract is a right of professionals,

Then, collective bargaining is the Then, collective bargaining is the process by which these experts have process by which these experts have shared decision-making with the local shared decision-making with the local

school board on local issues.school board on local issues.

Which Would you Choose?Which Would you Choose?

Which Association can better work with Which Association can better work with teachers to bargain and advocate for a teachers to bargain and advocate for a fair workplace?fair workplace?

– The Association that fought to get those rights and has The Association that fought to get those rights and has believed in them all along? The association who has believed in them all along? The association who has representatives right there with you when you need them in representatives right there with you when you need them in a meeting? a meeting?

OROR– The Association that never believed in bargaining and The Association that never believed in bargaining and

fought to keep those rights from teachers? The Association fought to keep those rights from teachers? The Association that says, “I’m sorry, there is nothing we can do.”that says, “I’m sorry, there is nothing we can do.”