1

Collective Bargaining in Education EDL 623

Department of Educational Leadership Western Illinois University

Spring Semester 2015 Video Conference to all three campuses.

March 14-15, April 11-12, and May 2-3 Saturdays 8:00 A.M.-5:00 P.M. – Sundays 8:00 A.M.-1:30 P.M.

Stuart, Ph.D. Associate Professor Department of Educational Leadership Macomb Campus, Room 81

Work (309) 298-1070 Cell: (309) 255-0955 E-mail: so-yager@wiu.edu Office Hours: Before and after each class session.

Prerequisites No prerequisites for this course.

Purpose

This course will provide students with the knowledge and skills to represent their organizations

during the collective bargaining process. It includes a realistic experience in the collective

bargaining processes, conflict resolution, communication, and contract management. Students

will learn how to navigate through the collective bargaining process effectively and legally.

Objectives The student will

1. Identify and utilize information sources, data collection, and data analysis strategies necessary for navigating through the collective bargaining process

2. Demonstrate effective consensus building and negotiation skills

3. Identify and describe local operational policies and procedures

4. Describe current trends in collective bargaining in the public sector

5. Demonstrate an understanding of school district finance structures and models to ensure that adequate financial resources are allocated equitably for the district

Instructor Bio

Let me take this opportunity to tell you a little about myself...

Over the past thirty years I have worked as an elementary teacher, elementary principal, middle school

principal, assistant superintendent, superintendent, and college professor. At the present time I am

working fulltime as an associate professor at Western Illinois University. I am also an educational

consultant and mediator. Most of my consulting is in the area of school board governance, transitioning

to the common core state standards, and applying current brain research to classroom

instruction. Additionally, I have considerable experience with facilitating labor negotiations.

I look forward to working with all of you over the next semester. Once again, welcome to the course and I

hope your experience here is full of learning and enjoyment!

2

Texts

Fisher, R., Ury, W. L., & Patton, B. (2011). Getting to Yes: Negotiating Agreement without Giving In

(3rd Ed.). New York, NY: Penguin Books.

Booth, Ronald R, (2009). Collective Bargaining and the Illinois School Board Member. 3rd Ed.

Springfield, IL. Illinois Association of School Boards.

Kaboolian, L. (2005). Win-Win Labor-Management Collaboration in Education: Breakthrough

Practices to Benefit Students, Teachers, and Administrators. Education Week Press.

Iowa Association of School Boards: Collective Bargaining Guide on Western Online

Additional Resources

Federal Mediation and Conciliation Service http://www.fmcs.gov/internet/

Illinois Education Association http://www.ieanea.org/

Illinois Educational Labor Relations Board (IELRB) http://www.illinois.gov/elrb/

Illinois Federation of Teachers http://www.ift-aft.org/

Illinois Labor Relations Board (ILRB) http://www.state.il.us/ilrb/

Local District Collective Bargaining Agreements (CBA’s)

U.S. Department of Labor - Employment Standards Administration http://www.dol.gov/esa/olms/regs/compliance/cba/index.htm

3

COURSE SCEHDULE

EDL 623

Collective Bargaining in Education

Summer 2014

This schedule is very flexible and subject to change due to the needs of this course. Students are

expected to have read the materials before the class period in order to be prepared for the

class discussions.

Class Date Class Focus Readings Assignments

Due

March 14 Interest-based

Bargaining

March 15

Interest-based

Bargaining

with Jerry

Meehan,

Federal

Mediator

#1

#2 on IBB with

Jerry

Meehan

April 11 Positional

Bargaining with

Lynn Himes,

School Law

Attorney

#1

#2 on Positional

Bargaining with

Lynn Himes

April 12

How Bargaining Works

The Politics

Ground Rules

Proposals & Counter-Proposals

Bargaining Strategies

Unfair Labor

Practices

#3

#4

May 2 Three Texts #5

June 15 Share an article AND Final Exam

#6

4

Point Values for the Course Assignments

ASSIGNMENTS %

Individual (100%)

Class Participation (See Appendix A and B) 30

Reflective Briefs (See Appendix C) 10

Contract Analysis 10

Research Presentation 10

Discussion Questions from the Three Texts 20

Share an Article 10

Final Exam 10

Total 100

5

Assignments

All assignments are to be submitted by posting them in Dropbox and the Discussion folder in

Western Online.

1. Participation in in-class exercises and the bargaining simulations. Each class member will be

assigned to a negotiating team as either a member of the teacher’s union or a member of the

district management team. Teams will be provided with proposals and information about the

district. There will be an interest-based bargaining simulation on Sunday of Weekend #1

and a positional bargaining simulation on Saturday of Weekend #2.

2. Reflective Briefs (two page maximum). After the bargaining simulations in weekends

one and two, you are to reflect on concepts introduced and discussed and then write

about two items you found interesting or new. The paper should not exceed two pages

and is due the Wednesday following class. The paper should contain the following

information: 1. Clear statement of the concepts or items you identified and why they

stood out. 2. How might each concept impact the overall operation of an

organization/district? 3. Answer either “a” or “b” (the one that best fits your reflection

content): a) As it pertains to your items, what additional information would be helpful or

needed to ensure your success as a CEO; or b) Explain if and how the items/concepts

could be advantageous or a hindrance to an organization meeting its mission. 4. Overall

impression of the day’s class session (for example, it was informative; needed more

application; it left you anxious to try what you learned in your district; or it was a repeat

of what you already knew). Post this assignment in both “Discussions” and Dropbox.

3. Contract Analysis Presentation (ten-minute maximum). An analysis of the collective

bargaining agreement from your district. If your district does not have a collective

bargaining agreement, find one from a district that matches your demographics. Your

critical analysis should include looking at the following: 1) readability, clarity, and

usability; 2) benefit (who benefits more from the agreement?); 3) language of each

section from the management perspective (for this part, solicit the assistance of an

administrator/manager who has had to abide by the contract); and 4) provide alternative

language for those sections deemed poorly written. Include a copy of the contract with

your analysis. Post this assignment in both “Discussions” and Dropbox.

6

4. Research Presentation (ten- minute maximum). Research presentation (power point or

Prezi) on approved collective bargaining topic. Topics include but are not limited to:

interest based bargaining, costing out the contract, writing good contract language,

pitfalls in collective bargaining, part-time employee rights, the ethics of collective

bargaining, administrator negotiation strategies, consensus building with constituents,

preparing for negotiation, the impact of logistics in collective bargaining, how to recover

when collective bargaining breaks down, the effects of collective bargaining on teacher

quality, contract language and teacher evaluation, the benefits of collective bargaining,

the Board of Education’s role in negotiations, the role of media and the community in

collective bargaining, fact-finding, mediation, arbitration, strike management, grievance

procedure, selecting a spokesman, using an outside negotiation, establishing credibility,

role of human resources, or topic of student interest pre-approved by the instructor.

Post this assignment in both “Discussions” and Dropbox.

5. Text Discussion Questions. Post the answers to the discussion questions from the three

texts. Post your answers in the “Discussions” folder under the designated thread (not in

Dropbox). Your answers need to be posted prior to the end of Weekend #3. Time on

Saturday of Weekend #3 will be given for you to do this assignment. Also, respond to

one other student answer posted for each text. Your answers and your response to

another students’ post should be at least three sentences in length. Post your answers in

the “Discussions” folder under the designated thread and in Dropbox.

6. Share an Article About Collective Bargaining. Give the title of the article and at least

two essential understandings, new learnings, or insights. Include any questions of

curiosity about the article. Try to expand the meaning or insights gained from the article.

You will present this to the class (no power point necessary) on Sunday of Weekend #3.

Post this assignment in the “Discussions” folder under the designated thread and in

Dropbox.

7

Grading

Percent Grade Notes

92-100 A A = Superior Graduate Work

80-91 B B = Good Graduate Work

70-79 C C = Unacceptable Work at the

Graduate Level

60-69 D

0-59 F

A work exceeds requirements in some form, shows originality and clarity, insightful and reflective.

B work thoroughly meets requirements and is coherent with only minor flaws.

C work minimally addresses requirements and contains flaws or shortcomings.

Group Work and Learning Team Assignments

You will be assigned to a learning team during the first class. If you have any special requests regarding

group assignments, please contact me privately as soon as possible.

Your participation in the Learning Team is essential to the success of the course! Lack of participation in

the learning team will result in a reduction of the grade, or no grade for that project for the individual(s)

involved.

8

Policies and Expectations Attendance A 500-level student who is absent for more than 50% of a scheduled day of a Weekend Academy class will be assigned a grade of incomplete (I) by the instructor and must make up the appropriate day in its entirety the next time the course is offered in order to change the Incomplete to a letter grade. If a student is absent for more than 50% of the first day of a weekend academy class, the instructor may, at his or her discretion, either exclude the student from attending the class or award an incomplete under this attendance policy. If a 600-level student is absent for more than 50% of a scheduled day of a weekend academy, the instructor may assign an Incomplete (I) and require that the student make up the appropriate day the next time the course is offered. Under rare circumstances, the instructor may elect to assign the student additional activities to demonstrate that the student has accomplished the course outcomes missed in class. If this option is chosen, then in advance of completion, the instructor will report to the Chair the name of the student, time missed, and a summary of the work assigned as make up.

Incomplete Grade for Missing Course Requirements An incomplete grade may be given only when a student, due to circumstances beyond his or her control, is unable to complete course requirements within the official limits of the term. The instructor may allow additional time for completion of the requirements after consideration of a written petition from the student to the instructor. The petition must include what the student will do to complete the requirement and the expected date of completion of the incomplete requirements.

Academic Accommodations In accordance with University policy and the Americans with Disabilities Act (ADA), academic accommodations may be made for any student who notifies the instructor of the need for an accommodation. For the instructor to provide the proper accommodation(s) you must obtain documentation of the need for an accommodation through Disability Support Services and provide it to the instructor. It is imperative that you take the initiative to bring such needs to the instructor's attention, as he/she is not legally permitted to inquire about such particular needs of students. Students who may require special assistance in emergency evacuations (i.e. fire, tornado, etc.) should contact the instructor as to the most appropriate procedures to follow in such an emergency. Contact Disability Support Services at 298-2512 for additional services.

WIU Academic Dishonesty Policy The University can best function and accomplish its objectives in an atmosphere where high ethical standards prevail. For this reason, and to insure that the academic work of all students will be fairly evaluated, the University strongly condemns academic dishonesty. The most prevalent forms of academic dishonesty are cheating and plagiarism. Dishonesty of any kind with respect to examinations, course assignments, alteration of records, or illegal possession of examinations shall be considered cheating. It is the responsibility of the student to not only abstain from cheating, but also to avoid making it possible for others to cheat. Any student who knowingly helps another student cheat is as guilty of cheating as the student he or she assists. The submission of the work of someone else as one's own constitutes plagiarism. Academic honesty requires that ideas or materials taken from another course for use as a course paper or project be fully acknowledged. Plagiarism is a very serious offense in whatever form it may appear, be it submission of an entire article falsely represented as the student's own, the inclusion within a piece of the student's writing of an idea for which the student does not provide sufficient documentation, or the inclusion of a documented idea not sufficiently assimilated into the student's language and style.

Academic Integrity The link to the WIU Student Academic Integrity policy is: http://www.wiu.edu/policies/acintegrity.php.

9

Vision and Mission Statements

Teacher and Professional Education Program vision statement: Our graduates will

be empowered educational professionals deeply committed to continuous learning and

the empowerment of all learners.

Department of Educational Leadership vision statement: To be one of the premiere

educational leadership programs in the nation.

Teacher and Professional Education Program mission statement: The WIU

Teacher and Professional Education Program empowers candidates to become

educational practitioners who engage in informed action that is grounded in knowledge

and reflection; who are deeply committed to the highest standards of professional

practice; who are able to adapt to emerging social, economic, and cultural landscapes;

who are skilled in the use of technological tools that promote teaching and learning; and

who are committed to empowering all learners.

Department of Educational Leadership mission statement:

We will:

Recruit a capable, diverse student body.

Focus on continuous improvement of our programs.

Create a more meaningful clinical internship.

Establish a series of knowledge and application assessments.

Cultivate effective internal and external relationships.

Diversity

Successful teachers and school administrators embrace diversity. They not only welcome it, they search

for it. They engage diversity, as it is indeed, an integral part of their classroom. We will explore diversity

as we journey together through this course. Diversity will be openly discussed and become a catalyst

and synergize our learning during class time.

NOTE: This course syllabus is not a contract, but serves as an outline for the semester. The

instructor reserves the right to make adjustments the course as the need arises.

In accordance with the provisions of the ADA, if you require any special assistance or adaptations in this course, please contact the instructor immediately.

10

Appendix A

Class Participation

In addition to contributing to class discussions both during class time and online, you will need to be prepared to share a current event related to school law during some of the class sessions. You may complete the “question guide” in Appendix B and use it to guide your class discussion.

11

Appendix B

Article or Current Event Analysis

“Analyzing the Message”

1) What is the main purpose of this article?

2) What concept/s or information would the reader need to know in order to fully understand

this article?

List any terms or concepts in the article that you do not understand?

3) What are the key questions or issues the author is addressing in this article?

4) What is the main point of view presented by the author of this article? OR What are the

main assumption(s) underlying the author’s thinking?

5) If readers take the article seriously, what conclusions might they draw from the article?

6) What are 1-2 key points that you want to remember from this article?

12

Appendix C

(Assignment #2) Reflection Briefs Rubric

Performance

Criteria Excellent Proficient

Needs Improvement

Unsatisfactory

Clear statement of the concepts/ items identified

Two or more items identified with reasons for identification stated were thoroughly explained

Two or more items identified with reasons for identification stated but no elaboration

Only one concept or item identified or reason for identification not explained

No concepts identified

Statement of how concepts/items impact school district

The impact of all concepts/items was stated and thoroughly explained

Statement of impact for all identified concepts, but no elaboration

Briefly mentioned impact for one concept or item

No statement on impact

Statement of additional information that would be helpful for CEO or advantageous to district

Multiple bits of information were provided that would add to the success of the CEO

Additional information or advantage provided but selection could be better or information stronger

Additional information implied but not clearly stated

No additional information or advantage mentioned

Statement of overall impression of session with example for assessment

Impression provided with strong examples to support the conclusion

Impression provided with ample examples

Impression given but no examples provided

No overview provided