Changes to Collective Bargaining Law
2009-08/04 Dean R. Dietrich

The Wisconsin Legislature and the Governor have made significant changes to the collective bargaining law affecting school districts.  We want to remind you of these changes as you begin preparing for negotiations for a successor labor agreement with your various bargaining units.  The bargaining process for teacher associations has not used traditional bargaining concepts for a number of years because of the qualified economic offer limitations.  That has now changed and school districts will be using traditional collective bargaining with their bargaining units.  Unfortunately, in many instances, such traditional collective bargaining will not be the same as the collective bargaining done in other local government settings (cities, counties, villages, and towns) because of recent legislative changes.

Collective bargaining in school districts is subject to the following:

• School districts must continue to process grievances even after the collective bargaining agreement has expired in accordance with 2009 Wisconsin Act 21 (this may not represent a significant change).
  
  
• School districts must continue to follow any fair share language in a Labor Agreement even after the agreement has expired in accordance with 2009 Wisconsin Act 21 (this also may not be a significant change).
  
  
• The qualified economic offer language has been repealed and, therefore, school districts must proceed to interest arbitration with teacher bargaining units, as well as with support staff or other types of bargaining units, if an impasse in bargaining occurs.  This means that all bargaining is subject to interest arbitration if a voluntary agreement is not reached.
  
  
• If a school district proceeds to interest arbitration with a bargaining unit, the interest arbitrator is not required to give “greatest weight” to the school district’s ability to pay for the final offer under the revenue limits imposed by state statute.  The practical effect of this change is to eliminate any argument that the revenue limits prevent a school district from giving an increase, or a certain level of increase, to the teacher bargaining unit or other bargaining unit.  It is not clear whether this will prevent interest arbitrators from considering the financial condition of the school district as that may be argued under other statutory criteria.
  
  
• If a school district proceeds to interest arbitration, the interest arbitrator is not required to give “greater weight” to the local economic conditions within the school district as is required for other municipal bargains.  Again, it is not clear whether this change will have a practical effect for interest arbitration because potential arguments can be made under other criteria to be considered by the interest arbitrator.
  
  
• School districts may enter into a four-year labor agreement with a school district bargaining unit.  This will allow unions to negotiate Labor Agreements of differing duration that may have a significant effect on future settlements in adjoining school districts or school districts in the same comparable grouping/athletic conference.
  
  
• When a Labor Agreement expires, the Wisconsin Employment Relations Commission  must combine the collective bargaining units consisting of school district employees of that school district into a single bargaining unit if a majority of employees from each of the associations vote to combine into one bargaining unit.  This provision will allow the creation of a “mega-association” that will negotiate wages, hours, and conditions of employment for all employees of the school district.  This could have a significant impact on the budget of the school district.  It is not clear, however, whether local associations will exercise their rights under this provision.
  
  
• Teacher prep time (and arguably teacher aide prep time) becomes a mandatory subject of bargaining for any Labor Agreement that begins after June 30, 2011, under 2009 Wisconsin Act 34.  This new legislation requires a school district to bargain over “time spent during the school day, separate from pupil contact, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, to complete administrative duties.”  While there is a delay in the implementation of this provision, it may significantly affect future bargains with teacher bargaining units.

As you can see from the above, collective bargaining in school districts has taken a number of twists and turns.  School districts must be aware of these various changes as they begin the bargaining process with their local teacher associations.  If you have questions about these changes or need assistance with your bargaining preparation, please contact your Ruder Ware attorney.

© 2009 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.