r-78 - ericrussell b. vlaanderen, director and department of higher education services richard m....

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INSTITUTIONSPONS AGENCYREPORT NOPUB DATENOTEAVAILABLE FROM

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EA 007 960

Ross, Doris76 Update: Collective Bargaining in Education. ALegislator's Guide. Report No. 78.Education Commission of the States, Denver, Colo.Lilly Endowment, Inc., Indianapolis, Ind.R-78Jan 7654p.; For related document, see ED 102 736Education Commission of the States, Suite 300, 1860Lincoln Street, Denver, Colorado 80203 ($2.00)

MF-$0.83 HC-$3.50 Plus Postage*Collective Bargaining; *Educational Legislation;Elementary Secondary Education; Employer EmployeeRelationship; Federal Legislation; IndustrialRelations; *Labor Legislation; Post SecondaryEducation; *School Personnel; *State Legislation

ABSTRACTThis_booklet presents a comprehensive summary of all

state laws affecting collective bargaining for educational personnelthat had been passed as of November 1975. Most of the bookletconsists of an extensive chart that summarizes on a state-by-statebasis the scope and provisions of all current collective bargaininglaws affecting education. This is basically the same chart thatappeared in the 1975 "Legislator's Guide to Collective Bargaining inEducation," updated to reflect the changes that occurred during 1975.In addition to the main legislation chart, there is also a summarytable that shows which states have. collective bargaining lawscovering different levels of education, a glossary of key terms usedin the chart, and a summary of provisions of the federal NationalLabor Relations Act and the proposed National Public EmploymentRelations Act. (JG)

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U.S. DEPARTMENT OF HEALTH,EDUCATION & WELFARENAT ION/4.61.0.§TjTVIE,OF

E bbtkl`I'DH. 4THIS DOCUMENT HAS BEEN REPRODUCED EXACTLY AS RECEIVED PROMTHE PERSON OR ORGANIZATION ORIGINATING IT. POINTS OF VIEW OR OPINIONSSTATED DO NOT NECESSARILY REPRE-SENT OFFICIAL NATIONAL INSTITUTE'OFEDUCATION POSITION OR POLICY //

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fir-UJ Education Commission of the States

A Joint Publication ofDepartment of Research and Information Services

andDepartment of Higher Education Services

January 1976

Published with a grant fromLilly Endowment, Inc.

'76 UPDATE:COLLECTIVE BARGAINING IN EDUCATION

A Legislator's Guide

Report No. 78

(An update of A Legislator's Guide to CollectiveBargaining in Education; Research Brief Vol. 3,

No. 4, published in January 1975)

Prepared by Doris Ross

A Joint Publication ofDepartment of Research and Information Services

Russell B. Vlaanderen, Directorand

Department of Higher Education ServicesRichard M. Millard, Director

Education Commission of the StatesDenver, Colorado 80203

Wendell H. Pierce, Executive Director

January 1976

4

Additional copies of this report may be obtained for $2from the Education Commission of the States, Suite 300,

1860 Lincoln Street, Denver, Colorado 80203 (303) 893-5200

Contents

Credits iii

Introduction

Summary Table

Guide to State Legislation Chart 7

State Collective Bargaining Laws Affecting Education I I

Proposed Federal Collective Bargaining Laws 46

C/B Update: January 19 76

Credits

Thomas A. Emmet, special assistant to the president, Regis College,Denver, has provided special consultative help in the tracking andcharting of state legislation.

A special reference in the preparation of the state legislation chart wasthe Government Employee Relations Report published by the Bureauof National Affairs, Inc., Washington, D.C.

Other basic information for this report was drawn from resourcesdeveloped through the ECS Legislative Information System and stateeducation codes.

C/I3 Update: January 1976 t3 iii

jntroduction_,

Collective bargaining for public employes was one of the big legislativeissues in 1975. The Research and Information Services Department ofECS identified during the year some 45 states that considered collectivebargaining legislation affecting education personnel. But as busy as theyear was for state legislators and special interest groups, the broadnegotiations picture for education remains essentially the same. The 19states identified at the end of 1974 as having no mandatory collectivebargaining or meet and confer coverage for any sector of their publiceducation personnel have retained their status quo. There are also 19states with "right to work" laws..Twelve of these have no collectivebargaining laws affecting education. The othersFlorida, Iowa, Kansas,Nebraska, Nevada, North Dakota and South Dakotahave laws coveringat least one area (see summary table on p 5 ). It should be noted that,with or without enabling legislation, collective bargaining is beingpracticed across the nation.

Much legislative activity was apparent in the ECS overview of statesessions. Over 300 bills were considered on collective bargaining. About120 of these bills, a number of them in "no bargaining" states, werefairly comprehensive proposals for at least one sector of educationpersonnel. Bills addressing union security and employe rights were highin legislative interest, while management rights received little attention.Close to 90 bills sought solutions for the problem of impassesettlement; these included 34 proposing some form of bindingarbitration, 32 providing penalties for strikes and the remaindersupporting public employe strike rights. Fourteen bills would have

C/B Update: January 1976

curtailed the scope of bargaining (see Nevada in state charts), while 10would have expanded the negotiable areas.

Over the past few years, some postsecondary education institutionshave been including students in the bargaining process, usually bymutual agreement of both parties. And in 1975, two states, Montanaand Oregon, passed laws permitting such student participation.

State legislatures that began the year with education-related bar-gaining laws already on the books evidenced some mood for change,which was probably brought about by actual experience with thenegotiations process, disruptive strikes and a tight and unpredictableeconomy, along with the political realities of the public employebargaining issue. Montana, for example, pulled its collective bargainingstructure together into a comprehentive omnibus public employe law,leaving only nurses with separate coverage. California moved from meetand confer status for school district personnel to collective bargainingfor K-14 employes. New Hampshire, which last year covered onlynonacademic classified state personnel (postsecondary education),passed an omnibus law encompassing the rest of the public-educationcommunity, including postsecondary faculty and most K-12 personnel.

Maine's Maritime Academy is apparently the only public postsecondaryarea now excluded from bargaining in that state; a 1975 universityemployes bargaining rights act pulled in most employes of the stateuniversity system. Connecticut extended bargaining rights to its

postsecondary education employes with a new law. Indiana's newpublic employe law includes most classified education personnel.Washington passed a new K-12 professional employe law and estab-lished a public employment relations commission to administer it andother collective bargaining statutes. Many other states amended existingnegotiations laws.

With about 150 teacher strikes reported in 1975, legislators have beenwrestlingand will continue to do so in 1976with the issues of strikerights and binding arbitration. A scan of the state charts identifies 4statesHawaii, Oregon, Pennsylvania and Vermontthat provide somekind of strike rights, 22 states that prohibit strikes in at least oneeducation-related law, and 5 states that do not address the strike issue.ECS counts 15 states with legal provisions for binding arbitrationeither permissive or mandatory, partial or totalof negotiationsimpasses.

2 Education Commission of the States

Last year's brief provided a short discussion of two federal publicemploye bargaining proposals, one placing public employes under theNational Labor Relations Act and the other providing separate andspecific coverage. Both bills died in committee at the end of the 93rdsession but were re-introduced in the 94th as H.R. 77 (NLRA) and H.R.1488. A charted analysis of the NLRA and H.R. 1488 are included inthis book. Two days of hearings were held in November 1975 on H.R.77 only; no hearings are anticipated in 1976for either of the federalapproaches. Thus it appears that the 50 states will have at least anotheryear to develop individual approaches to the issue.

The collective bargaining story obviously has not yet settled into anuneventful rut. Proponents of bargaining rights will continue to strugglefor a toehold, however minor, in those states without laws, while othersin opposition to the concept will dig in resistant heels. In states withbargaining laws, new legislative sessions will see the acceptance orrejection of another spate of amendatory proposals to tighten orloosen, expand or repeal, the coverage already on state books.

9C/B Update: January 1976 3

SUMMARY TABLE

States With Mandatory Laws Fully or Partially CoveringEducation Personnel

Meet and Confer

Elementary/Secondary (K-12)Professional

ConnecticutDelawareIdaho

t KansasNebraskaVermont

Professional

t Kansas

Postsecondary

Delaware t Kansas t Kansas

Classified

Missouri

Classified

Missouri

Collective Bargaining

Elementary/Secondary (K-12)Professional Classified

Alaska tNevada California New HampshireCalifornia New Hampshire tFlorida New Jersey

tFlorida New Jersey Hawaii New YorkHawaii New York Indiana OklahomaIndiana tNorth Dakotfr,.' tlowa Oregon

tlowa Oklahoma Maine PennsylvaniaMaine Oregon *Mary land Rhode Island

*Maryland Pennsylvania Massachusetts tSouth DakotaMassachusetts Rhode Island Michigan VermontMichigan tSouth Dakota Minnesota WashingtonMinnesota Washington Montana WisconsinMontana Wisconsin tNevada

Postsecondary

Professional ClassifiedAlaska tNebraska Alaska tNebraskaCalifornia2 New Hampshire California2 New HampshireConnecticut New Jersey Connecticut New Jersey

tFlorida New York tFlorida New YorkHawaii Oregon Hawaii Oregon

tlowa Pennsylvania Indiana PennsylvaniaMaine3 Rhode Island tlowa Rhode IslandMassachusetts tSouth Dakota Maine3 tSouth DakotaMichigan Vermont4 Massachusetts Vermont4Minnesota Washington2 Minnesota Washington2Montana Wisconsin2 Montana Wisconsin

t"Right to work" stateShown as meet and confer in prior chart; reclassified on advice of

Maryland consultant.112 of 23 counties covered; Baltimore has separate procedures.2Community colleges or two-year institutions only.3,.Maine Maritime Academy excluded."'All state university personnel exelu ed.

C/B Update: January 1976 ( 5

States

SUMMARY TABLE cont.

With No Mandatory Collective Bargaining LawsCovering Education Personnel

Alabama Illinois North Carolina Utah

Arizona Kentucky Ohio VirginiaArkansas Louisiana South Carolina West VirginiaColorado Mississippi Tennessee WyomingGeorgia New Mexico Texas


guideui e to Statetate _esis./ation Chart -'

State Keys

In the first column of the state charts ("State and Statutory Reference:Identification"set p. 6) and below each citation is a quick identifica-tion key. On the top line is the type of coverage in the law:

CB = Collective Bargaining. The process which requires of twoparties, the employer and the designated employe collectivebargaining agent, that they perform mutual obligationsaimed toward the arrival of a written and binding contract.

MC = Meet and Confer. The process which requires of twoparties, the employer and the employe, that they consulttogether on matters defined by law. Binding contracts andbinding arbitration are not generally required.

On the left side of the secant! line is the level of education personnelcovered:

K-12 = Employes serving kindergarten through grade 12.PS = Employes serving at the college and university level.CC = Employes serving at the community college, or two-year

institution, level.

On the right side of the second line is the employment level of coveredpersonnel:


197

P = Professional employe, generally a certified teacher or onewith similar or higher status.

C = Classified employe, generally below the rank of a certifiedteacher, i.e., clerks, food employes, bus drivers, custodians,paraprofessionals.

For example, the chart key for California may be interpreted asfollows:

CB = A Collective Bargaining mawK-12 P-C For personnel Professional andCC serving classified

kindergarten I personnel.through I are coveredgrade 14

Glossary of Chart Terms

Agency Shop:

Arbitration:

Bargaining Unit:

Court Review:

Dues Checkoff:

Grievance:

An arrangement under which an employe with-in the scope of the bargaining unit does nothave to become a member of the unit, but mustpay a service fee.

A procedure whereby parties unable to agree ona solution to a problem indicate their willing-ness to be bound by the decision of a thirdparty. The parties usually agree in advance onthe issues which the third party (arbitrator) isto decide.

A group of employes organized as a single unitand having a single representative to the em-ployer.

The means through which a court of appropri-ate jurisdiction may consider and rule uponactions or findings of a labor relations board.

Deduction of bargaining unit dues from mem-bers' paychecks.

An allegation by an employe or by the unionthat the employer or one of its agents, in theprocess of implementation of the contract, isguilty of misapplication, misinterpretation orviolation of one or more specific provisions ofthe existent contract.

la Education Commission of the States

Impasse:

Injunctive Relief:

Management Rights:

Mediation: .

Recognition:

Representation:

Scope of Bargaining:

Service Fee:

Strike:

That stage in negotiations at which the twoparties are, or appear to be, unable to achieveresolution of the issues still on the bargainingtable.

An order by a court to perform or cease toperform a specific activity.

Certain rights, privileges, responsibilities andauthority requisite to the conduct of an enter:prise by its management.

That form of impasse resolution in which athird party meets with the two parties to thedispute, together and/or separately, in order toperform a catalytic function in an effort toeffect an agreement.

The accomplishment of the status of collectivebargaining agent for a unit of defined extent.

Exclusive representation means that the bar-gaining unit recognized by the employer is thesole representative of employes within a de-fined category.

Bargainable items: the limits, if any, of theappropriate subject matter of bargaining. Ifsuch are not set by law, they are determined bythe interaction at the bargaining table.

Payment to the bargaining unit, either directlyor through paycheck deduction, by a non-member eligible for inclusion in the bargainingunit, of a fee substantially equivalent to mem-ber dues.

A concerted work stoppage, usually used as aneffort in time of impasse to accomplish acontract on terms acceptable to the union.

C/B Update: January 19 76 9

Unfair Practices:

Union Security:

Union Shop:

Practices prohibited under either collective bar-gaining law or under rules and regulationsresponsibly determined by the appropriateagency administering the law. "Standard" un-fair practices include interference, restraint,coercion, discrimination, etc. as practiced byeither employer or employe.

The right of a recognized bargaining unit tohave its members' dues deducted from pay-checks, to collect a service fee from nonmem-bers, to require employe membership in. thebargaining unit, or any combination of theserights.

The form of union security agreement underwhich one need not be a member of the unionon initial employment but must, within a

limited period of time, become and remain amember for the duration of the contract, as acondition of continuing employment.

10 : .t.) Education Commission of the States

State Collective BarmininsLaws

Affictin8 Education

ABOUT THIS CHARTFrankly, it is a "paste-up." To avoid costly typesettingcharges, we have cut up and pasted over the ECS chartprinted in the January 1975 "A Legislator's Guide toCollective Bargaining in Education," using this type style(slightly different from the original) to indicate additions,clarifications and corrections. The laws have been updatedto the best of our knowledge through November 1975.

C/B Update: January 1976 I1

State and StatutoryReference;Identification

STATE COLLECTIVE BARGAINING

Coverage; Em-ploye Classifi-cation; Level

Bargaining Unit;Type of Repre- Scope of Bar-sentation; Union gaining; Man-Security Administration agement Rights

ALABAMA

ALASKA§ A 14.20.550throughA 14.20.610

CB

K-12 I

All certifiedemployesK-12 level

All certifiedemployes; super-intendents ex-cluded. Certifiedadministrativepersonnel, in-cluding princi-pals, asst. princi-pals may bargainseparately. Ex-clusive repre-sentation; nounion security

Local schoolboards or direc-tors of state-operated schools

Matters per-taining to em-ployment andfulfillment ofprofessionalduties

ALASKAPublic EmploymentRelations Act:§ 23.40.010 through23.40.240

CB

PS I P-C

All public em-ployes, includ-ing professionaland classifiedpostsecondarypersonnel

Units determinedby Labor Rela-tions Agency.Exclusive repre-sentation; unionshop, duescheckoff, servicefees permitted

Labor RelationsAgency: Depart-ment of Labor

Wages, hours,terms and condi-tions of employ-ment. Merit sys-tem retention

ARIZONA

ARKANSAS


LAWS AFFECTING EDUCATIONNovember 1975

Final Form;Bargaining Deadline DatesImpasse Grievance Unfair Practices, For CompletedProcedures Procedures Penalties; Strikes Agreements Comments

A statutory prohibitionof public employemembership in laborunions was declaredunconstitutional in1972. State has fire-fighters bargaining:Tit. 37, § 450(3)

Professional Must be bar- No specific Final agreementmediators gained. Must provisions must be made atprovided provide bind- public meeting.

ing arbitra- No deadlinetion specified

Mediation;arbitration

Must be bar- "Standard" pro- Written agree- Bargained itemsgained. Must visions (no inter- ment not to ex- requiring funding areprovide binding ference, restraint, ceed 3 years. No subject to legislativearbitration coercion, dis- deadline approval.

crimination, etc.). specifiedInjunctive relief.Strikes permittedafter mediation;to be followed bybinding arbitra-tion

State has no publicemploye collectivebargaining legislation.





Bargaining Unit;Type of Repre-sentation; UnionSecurity Administration

*cope of Bar-gaining; Man-agement Rights

CALIFORNIAEducation EmployesCollective Bargain-ing: SB 160, 1975

CB

K-12 I P-CCC

All publicschool em-ployes exceptelected, ap-pointed, man-agerial andconfidential.K-14 profes-sional andclassified

Separate unitsfor classified,certificatedand super-visors. Cer-tificated andsupervisorsmay not havesame bargain-ing agent.Exclusiverepresentation.Dues check-off, servicefees permitted

EducationalEmploymentRelationsBoard: 3 mem-bers appoint-ed by governor

Wages, hours,7 other termsand conditionsof employ-ment as de-fined in act.Certificatedmay consultonly on edu-cational ob-jectives, coursecon tent,.cur-ricula, text-book selec-tion. Schoolboard hasfinal author-ity on em-ploye relations

COLORADO

CONNECTICUTGeneral StatutesAnnotated:§ 10-153a through10-153g

MC

K-12 P

All certified pro-fessional em-ployees of townand regionalboards of educa-tion except su-perintendentsand personsresponsible forbudget prepara-tion, personnelrelations andtemporary sub-stitutes.K-12 level

Separate unitsfor administra-tors and non-administratorsmay be combinedonly by mutualagreement. Ex-clusive represen-tation. No unionsecurity

Local andstate boards ofeducation

Salaries andother conditionsof employmentabout whicheither partywishes to meetand confer

CONNECTICUTState Employe Col-lective Bargaining:PA 75-566(SHB 5179, 1975)

CBPS P-CCC

All state em-ployes ex-cluding elect-ed, appointed,board andcommissionmembers,part-time, con-fidential, cer-tain others.Supervisorcoverage de-termined bySBLR. Post-secondaryprofessionaland classified

All coveredemployes.Communityof interest.Professionalsmay vote tobe in non-professionalunit. State-wide unitsfor 5 post-secondaryclassifications.Exclusiverepresentation.Dues check-off, servicefees permitted

State Boardof Labor Re-lations: 3members, 2alternates ap-pointed bygovernor

Wages, hoursand other con-ditions of em-ployment.Extensive man-agementrights listed;state person-nel agencyauthority pro-tected


BargainingImpasseProcedures

GrievanceProcedures

Final Form;Deadline Dates

Unfair Practices, For Completed.Penalties; Strikes Agreements Comments

Mediation,fact-finding,advisory rec-ommendations

May be bar-gained. EERBavailable.Binding arbi-tration oninterpretationof agreementpermitted

Standard pro-visions forunfair prac-tices, injunc-tive relief,court review.Strikes pro-hibited throughexclusion ofact fromLabor Codeprovisions

Written agree-ment not toexceed 3 years;not subjectto civil code.No deadlinespecified

Act may notpreempt Edu-cation Code.Other bargaining lawsnot covering educa-tion are: Public Em-ployes, § 3500-3510of Government Code;State Employes,§ 3525-3526 of Gov-ernment Code; andFirefighters, § 1960-1963 of Labor Code.A 1971 governor'sexecutive order calledfor meeting and con-ferring with non-academic universityand college employeson general salary in-creases, inequities,and general benefits.


Mediation bysecretary of stateboard of educa-tion. Arbitrationwith nonbindingrecommenda-tions

No specificprovisions

Standard pro-visions for unfairpractices. Strikesprohibited; nopenaltiesspecified

Written agree-ment to be com-pleted in time forbudget-makingprocess

Agreement is bindingon legislative body oftown or regional dis-trict unless rejectedby such body; re-negotiation pre-scribed.

A meet and conferlaw.

Board of Me-diation andArbitrationavailable.Mediation,factfinding,written recom-mendations

Board of Me-diation andArbitrationprocedures:factfinding,last best offer,binding arbi-tration

Standard pro-visions for un-fair practices.Strikes pro-hibited

Written con-tract, in timefor budget-making process

Request for fundsand adjustment ofstatutory conflictsmust be approvedby legislative body,after which contractsprevail. Federal ap-proval required wherenecessary.

C/B Update.: January 1976 15




Scope of Bar-gaining; Man-agement Rights

CONNECTICUTMunicipal EmployesRelations Act: PA159, L 1959, lastamended by PA75-35, 1975.

MCK-12 C

Any employeof state po-litical subdi-vision exceptelected, ad-ministrative,board andcommissionmembers,certifiedteachers, part-time andsupervisors asdetermined bySBLR. Coversclassified K-12

Appropriateunits. Pro-fessionals mayvote to be innonpro fes-sional unit.Exclusiverepresenta-tion. Duescheckoff per-mitted.

State Boardof Labor Re-lations: 3members, 2alternatesappointed bygovernor

Wages, hoursand otherconditions ofemployment.Managementrights, meritsystem pro-tected

fDELAWARECode: Tit. 14, Ch. 40,§ 4001-4013

MC

K-12 I

All certificatednon-administra-tive employes,excluding super-visory and staffpersonnel.K-12 level

All covered em-ployes. Exclusiverepresentation.Dues checkoffpermitted

Local boards andstate board ofeducation

Salaries, employebenefits andworking condi-tions must bebargained. Maymeet and conferon other mattersas defined in act

DELAWARECode: Right of Pub-lic Employes toOrganize: Tit. 19,Ch. 13, § 1301through 1313

MC

PS I P

Any certificatedprofessionalemploye of publicschool system ofstate; includespostsecondary

Unit determina-tion not speci-fied. Exclusiverepresentation.Dues checkoffpermitted

Department ofLabor and In-dustrial Relations

Employe rela-tions, wages,salaries, hours,vacations, sickleave, grievanceprocedures, otherterms and condi-tions of employ-ment

FLORIDAStatutes: Public Em-ploye Relations Act:

447.001 through447.023

CB

K-12PSCC

P-C

Public employes;K-12 and post-secondary levelsincluded; profes-sional andclassified

Criteria listed forappropriatenessof unit. Final re-view of unit de-termination byPublic EmployeRelationsCommission.Exclusive repre-sentation. Duescheckoffpermitted

Public EmployeRelations Com-mission: 5 mem-bers appointedby governor

Wages, hours,terms and con-ditions ofemployment.Extensive man-agement rights;merit systemprotected

GEORGIA



GrievanceProcedures


Unfair Practices, For CompletedPenalties; Strikes Agreements Comments

Mediation,factfindingthrough Boardof Mediationand Arbitra-tion. Writtenrecommenda-tions; finaloffer bindingarbitration

May be bar-gained. Boardof Mediationand Arbitra-tion avail-able. Media-tion, fact-finding, lastbest offerbinding arbi-tration

Standard pro-visions forunfair prac-tices. Strikesprohibited

Written con-tract in timefor budget-making proc-ess if request-ed by eitherparty

A meet and confer law.

Request for funds andadjustment of legalor regulatory con-flicts to be approvedby legislative body,after which contractsprevail. Federal ap-proval required wherenecessary.

Mediation, fact- No specificfinding, nonbind- provisionsing recommen-dations

Unfair practices Form of minimum A meet and conferdefined as any 2-year agreement law.tactic which cir- not specified.cumvents teacher No deadline If law is in conflictcontracts. Strikes specified with other statutes,prohibited, with those statutes prevail.loss of unitrecognition forviolation

State mediation May beservice or arbitra- bargainedtion. Wages andsalaries excluded

Standard pro-visions for unfairpractices. Strikesprohibited; nopenaltiesspecified

Written agree-ment. No dead- law.line specified

A meet and confer

Mediation, "spe-cial master" forpublic hearings,factfinding.Settlement byappropriatelegislative body

Must be bar-gained; must pro-vide for bindingdisposition

Standard pro-visions for unfairpractices; injunc-tive relief. Strikesprohibited, listedas unfair prac-tice; injunctiverelief; fines,damages, proba-tion, loss of unitrecognition forviolation

Written contract.No deadlinespecified

Impasse to be de-clared if no agree-ment after 60 bar-gaining days or 70days prior to budgetsubmission date.Legislative last resortsettlement of impasse.Legislature has rightto approve, amend orrescind all rules ofPERC.

State has FirefightersBargaining Law: Codeof Georgia Annotated,ti 54.1301 through54.1315




Bargaining Unit;Type of Repre-sentation; UnionSecurity Administratiori


HAWAIIStatutes: PublicEmployees Act:S 89-1 through 89-17

CB

K-12PS

P-C

Any person em-ployed by apublic employerexcept electedand appointedofficials and toplevel manage-ment. K-12 andpostsecondarylevels; profes-sional andclassified

13 categories for Pubic Emplay,-.s.,appropriate units ment Relabel*:listed, including Board: 3 mem-teachers and bers 1 manage-other personnel ment, 1 labor, 1on same salary public, appointedschedule; educa- by governor,tion officers and Office of col-others on same lective bar-salary schedule; gaining withfaculty of Uni- chief negotia-versity of Hawaii for established& Community within gov-College System; ernor's officeother postsec-ondary person-nel. Exclusiverepresentation;Dues checkoff,service fee per-mitted

Wages, hours,other terms andconditions ofemployment.Specific exclu-sions. Extensivemanagementrights; merit sys-tem protected

IDAHOCode:

33-1271through33-1276

MC

K-12 I

Certificatedemployes ofschool districts.K-12 level

Superintendents:supervisors andprincipals maybe excluded fromprofessionalemploye groupby agreement.Exclusive repre-sentation. Nounion security

Local board oftrustees ofschool district.

Specified inagreement.School board"necessaryaction" pro-tected

ILLINOIS



GrievanceProcedures



Mediation, fact-finding; mayculminate inbinding arbitra-tion by mutualagreement

May be bar-gained. Mustculminate in finalbinding agree-ment

Standard pro-visions for unfairpractices. Strikespermitted afterfactfinding if noarbitrationoccurs

Written contract.Reasonableeffort must bemade to concludeprior to legisla-tive appropriationof cost itemsExpirationdate of con-tracts mustbe June 30of odd years

Students and studenthelp of state institu-tions excluded fromact.

Te r msOta'greilm e ntwithin legal scope ofbargaining prevailover existing rulesand regulations ofemployer.

Act takes precedenceover all conflictingstatutes; preempts allcontrary localregulation.

Mediation,factfinding,nonbindingrecommenda-tions



Final form notspecified. Nodeadlinespecified


Powers, duties andresponsibilities oflegislature, stateboard of education,local boards areprotected

State has firefightersbargaining act:Ch. 138, L1970.

State has no publicemploye collectivebargaining legisla-tion.

Under a 1966 judicialruling, teachers andlocal employes maybargain collectively.State universitieshave conducted bar-gaining underpersonnel code. Stateexecutive branchemployes, under 1973executive order, maynegotiate wages,hours and certainconditions of employ-ment not regulatedby law.

HB 1343 of 1975allows Chicago schoolboard and employesto bargain.

C/B Update: January 19 762 4.,

19





INDIANABurns AnnotatedStatutes: § 28-4551through 28-4564

CB

;:121

Certificatedemployes.Supervisors,confidential em-ployes, securityemployes andnoncertificatedemployes ex-cluded. K-12level

Certificatedemploye organ-ization. Exclusiverepresentation.Dues checkoffpermitted

Education Em-ployment Rela-tions Board:3 members ap-pointed bygovernor

Salaries, wagesand relatedfringe benefits,hours. Deficitfinancing pro-hibited. Exten-sive managementrights listed

INDIANAPublic EmployeLabor Relations:Ch. 4, IC 22-6(HB 1298, 1975)

CB

K-12 I CPS

Employes ofpolitical sub-divisions ofstate exceptappointed orelected, police,fire, engin-eers, univer-sity faculty,certificatedK-12, confi-dential, muni-cipal orcounty healthcare. CoversK-12 andpostsecon-dary classi-fied

All coveredemployes.Units maynot includesupervisorswith otheremployes.Majoritymembershiprequired forexclusive rep-resentation.Dues check-off permitted

EducationEmploymentRelationsBoard: 3members ap-pointed bygovernor

Wages, hoursand otherterms and con-ditions of em-ployment.Extensivemanagementrights listed

IOWASF 531 of 1974

CB

K-12 I P-CPS

Public employes,excluding ad-ministrators,supervisors,superintend-ents, principals,asst. principals,elective officials,certain students.K-12 and post-secondarylevels; pro -.fessional andclassified

Professional andnonprofessionalemployes; sep-arate or singleunit by agree-ment. Exclusiverepresentation.Dues checkoffpermitted

Public Employ-ment RelationsBoard: 3 mem-bers appointedby governor

Wages, hours,terms and condi-tions of employ-ment, includinghealth, safety,evaluation, in-service training,mutually agreed-upon matters.Retirement ex-cluded. Exten-sive managementrights listed

KANSASRevised Statutes:§ 72-5413 through72-5425

MC

K-12 I PCC

All professionalemployes. K-12and communitycollege levels

Separate teacherand administra-tor units. Stateboard to settleunit determina-tion disputes.Exclusive repre-sentation. Nounion security

State board ofeducation

20

Terms and con-ditions of profes-sional service

,r, Education Commission of the States


Mediation andfactfindirig byEducation Em-ploymentRelations Board

GrievanceProcedures

May be bar-gained. May besubject to bind-ing arbitration;change in con-tract prohibited.Complaints toand hearing byEERB

Unfair Practices,Penalties; Strikes

Standard pro-visions for unfairpractices.Strikes pro-hibited, with nomakeup time;salary loss, lossof dues checkofffor violation

Final Form;Deadline DatesFor CompletedAgreements Comments

Written contract.If agreement isnot reached 14days beforebudget submis-sion date,tentative indi-vidual contractsauthorized;bargaining tocontinue

Contracts may not in-clude provisions inconflict with rightsor benefits estab-lished by federal orstate law.

If not other-wise agreed,mediationand fact-finding byEERB. Bind-ing recom-mendationsat request ofeither party.Final andbinding arbi-tration per-mitted; lastbest offerprovisions

May be bar-gained. Mayprovide bind-ing arbitra-tion

Standardprovisionsfor unfairpractices.Strikes pro-hibited; payloss, loss ofdues checkofffor violation

Written con-tract if re-quested byeither party

Contracts may notconflict with estab-lished federal or statelaw. Deficit financingprohibited.

A 1969 attorney gen-eral's opinion statesthat public employers,including beards ofhigher education, maynot engage in collec-tive bargaining untilauthorized by legis-lature.

Mediation, fact-finding, bindingarbitration

May be bar-gained; mayprovide bindingarbitration

Standard pro-visions for unfairpractices. Strikesprohibited; in-junctive relief.Fines, dismissal,loss of organiza-tion recognitionfor violation

Final form notspecified, mustbe made public.Impasse proce-dures must begin120 days beforebudget submis-sion date

Contract is not to beinconsistent withstatutory limitationson public employerfunds.

If provisions of actjeopardize federalfunds to state, theyare inoperative.


May be bar-gained; mayprovide bindingarbitration


No specific pro-visions for unfairpractices. Strikesprohibited; nopenaltiesspecified

2

Final form notspecified, butnot to exceed 2years. No dead-line specified


Supreme court ruledin 1973 that Actrequires negotiation,not merely meetingand conferring;written agreement inmaster or individualcontracts; binding onboth parties.

21





KANSAS'Public Employe Law:Revised Statutes:§ 75-4321 through75-4337

MCK-12 I C

PS P-C

Public employes.Classified K-12;professional andclassified post-secondaryincluded

Public employes,including super-visors by agree-ment. Exclusiverepresentation.No union security

Public EmployeRelations Board:5 members;1 public employe,1 management,3 at-large,appointed bygovernor

Conditions ofemployment, in-cluding salaries,wages, hours,etc.

KENTUCKY

LOUISIANA

MAINEUniversity EmployesBargaining Rights:Tit. 26, Ch. 12;li 1021-1034

CBPS I P-C

Regular em-ployes ofUniversityexcludingappointed,confidential,probationary.Postsecondaryprofessionaland classified

Systemwideunits for fac-ulty; admin-istrative;office/tech-nical; service;police. Addi-tional unitsmay be added.Exclusiverepresenta-tion. Unionsecurity (ex-cept closedshop) maybe bargained

Maine LaborRelationsBoard:3 members,6 alternatesappointed bygovernor;1 employer,1 employe,1 public

Wages, hours,working con-ditions, con-tract griev-ances, arbitra-tion. Federalassistanceprotected

222

Education Commission of the States


GrievanceProcedures



Mediation,factfinding

May bebargained

Standard pro-visions for unfairpractices. Strikesprohibited; in-junctive relief

Written memo ofagreement to be law.completed 14days beforebudget submis-sion date

A meet and confer

State has FirefightersCollective BargainingAct: Kentucky Re-vised Statutes, Ch.345 (cities over 300,-000 or by petition);county policemen'scollective bargaining(over 300,000); KRSCh. 78.A 1965 attorney gen-eral's opinion (65-84)indicated a right ofteachers to bargaincollectively. Recentteacher attempts toorganize have beenrefused by the courtsand attorney general.A 1975 attorney gen-eral's opinion statesgovernor is not author-ized to grant bar-gaining rights toteachers unions.

Mediation,fact finding,binding arbi-tration excepton cost items.MLRB avail-able

Contract griev-ance arbitra-tion must bebargained.Binding arbi-tration onlyon interpre-tation of agree-ment. CourtInjunctiverelief, courtreview

Standard pro-visions for un-fair practices.Strikes pro-hibited, listedas unfair.

Written con-tract not toexceed 2 years.No deadlinespecified


Prior to 1974, 6 voca-tional institutionsunder state depart-ment of educationvoluntarily negotiatedfaculty contracts.Maine MaritimeAcademy profes-sional and classifiedexcluded from bar-gaining rights.

C/B Update: January 19 76 23




MAINEMunicipal EmployeLaw: Revised Stat-utes: Tit. 26, § 961through 972

CB

K-12 I P-C

Any municipal orpolitical subdi-vision employeexcept superin-tendent, asst. su-perintendent,probationary,provisional,temporary, sea-sonal, on-call, orpart-time em-ploye; stateboard and staffalso excepted.K-12 level; pro-fessional andclassified


Employer orExecutiveDirector ofMaine LaborRelationsBoard to de-termine unit.Principals,asst. princi-pals, super-visory teachersmay be in-cluded inteacher unit.Professionalsmay vote tobe includedin nonpro-fessional unit.Exclusiverepresentation.No unionsecurity

Maine LaborRelationsBoard:3 members,6 alternatesappointed bygovernor;1 employer,1 employe,1 public

Must bargainwages, hours,working condi-tions and griev-ance arbitration.Mustneet andconfer on educa-tional policies.Merit systemprotected

MAINEState Employe Law:Revised Statutes: Tit.26, § 979 through 979n

CB

PS I C

Any state em-ploye exceptelected or ap-pointed. Inter-pretation in-cludes postsec-ondary classifiedpersonnel, ex-cludes faculty

All covered em-ployes. Exclusiverepresentation.No union security

Maine LaborRelationsBoard: 3 mem-bers, 6 al-ternates ap-pointed bygovernor;1 employer,1 employe,1 public

Wages, hours,working condi-tions, contractgrievance arbi-tration, employe-employer rela-tionships, otheritems not con-trolled by law.Merit system pro-tected. Eligibilityof state for fed-eral grants in aidand assistanceprogramsprotected

MARYLANDAnnotated Code:Art. 77, § 160

CBK-121 P

Certificatedemployes ofpublic schoolsand persons ofequivalentstatus in Bal-timore City;except super-intendentsand thosedesignated asemployer ne-gotiators.Covers K-12professionals

Unit deter-mined by em-ployer afternegotiations& other re-quirementsmet; no morethan 2 unitsper employer.Exclusive rep-resentation.Dues check-off permitted

Local boardsand state boardof education

Salaries, wages,hours andother workingconditions

24 Education Commission of the States4:7) kl


GrievanceProcedures

Unfair Practices,Penalties; Strikes

Mediationand/or fact-finding.MLRB andMaine Boardof Concilia-tion & Arbi-tration avail-able. Bind-ing arbitra-tion on allmatters bymutual con-sent: if none,binding arbi-tration onmatters otherthan salaries,pensions,insurance.

Mediation,fact-finding.Binding arbi-tration per-mitted oninterpretationof contract.MLRB &MBCA avail-able

Mediationand/or fact-finding.MLRB andMaine Boardof Concilia-tion & Arbi-tration avail-able. Bindingarbitrationon allmatters bymutual con-sent: if none,binding arbi-tration onmatters otherthan salaries,pensions,insurance

Final Form;Deadline DatesFor CompletedAgreements Comments

Standard pro-visions for unfairpractices. Strikesprohibited, listedas unfair prac-tice; injunctiverelief

May be bar-gained. Bindingarbitration maybe included tosupersede otherprocedures instatutes. StateEmploye AppealsBoard to resolveif grievance pro-cedures notbargained

Written contractnot to exceed 3years. No dead-line specified

Standard pro-visions for unfairpractices. Strikesprohibited, listedas unfair prac-tice; injunctiverelief, courtreview

Written con-tract not toexceed 2 years.Cost itemsmust be sub-mitted togovernor 10days afterratification

Legislature has rightto reject cost items;renegotiation re-quired. It is responsi-bility of legislatureto act on tentativeagreements whichrequire legislativeaction. To coordinateemployer position innegotiation of agree-ments, legislativecouncil is to maintainliaison with employerrelative to cost items.

State supt.determinesimpasse exists;mediation,nonbinding rec-ommendations

Binding arbi-tration ofgrievances maybe bargained

Standard pro-visions for un-fair practices.Strikes pro-hibited; loss ofdues checkoffand exclusivityrights for 2 yearsfor violation

Written agree-ment. No dead-line specified




Bargaining.Unit;Type of Repre-sentation; UnionSecurity Administration


MARY LANDAnnotated Code:Art. 77, § 160a

CB

K-12 C

In 12 of 23counties, non-certificatedemploye organ-izations maybe recognizedby publicschool em-ployer. K-12classifiedlevel

Unit deter-mined byemployer afternegotiations& other re-quirementsmet; no morethan 3 unitsper employer.Exclusiverepresentation.Dues check-off permitted

Local boardsand stateboard ofeducation

Salaries, wages,hours andother workingconditions

MASSACHUSETTSGeneral Laws An-notated: State-County - MunicipalEmploye Law:Ch. 150-E, § 1-15,1974

CB

K-12 I P-CPS

AU state, countyand municipalemployes, in-cluding teachers,and exceptingelected officials,board and com-mission mem-bers, police andexecutive offi-cers. K-12 andpostsecondarylevels; profes-sional andclassified

State LaborRelations Com-mission todetermine appro-priateness ofunits. Exclusiverepresentation.Service fees,dues checkoffpermitted inspecified areas

Labor RelationsCommission: 3members ap-pointed bygovernor

Wages, hours,standards ofproductivity andperformance andother conditionsof employment

MICHIGANStatutes Annotated:Public EmployeRelations Act:§ 423.201 through423.216

CB

K-12 P-C

PS

All public em-ployes exceptthose in stateclassifiedservice. K-12professional andclassified; post-secondaryprofessional

Determination ofunit by MERC.Executives andsupervisorsexcluded fromemploye unit;execs may formown unit. Ex-clusive repre-sentation. Nounion security

Michigan Em-ployment Re-lations Board: 3members ap-pointed bygovernor, con-firmed by senate

Wages, hoursand other termsand conditionsof employment

MINNESOTAStatutes Annotated;Employment Rela-tions Act: § 179.61through 179.87

CB

K-121 P-CPS

All public em-ployes exceptelected officals,election officers,National Guardand some tem-porary or part-time employes.K-12 and post-secondary levels;professional andclassified

Public employeorganizations.Principals, asst.principals, su-pervisors andconfidential em-ployes excluded,but may formown unit. Deter-mination of unitsby PERB. Exclu-sive representa-tion. Dues check-off permitted

Public Employ-ment RelationsBoard: 5 mem-bers appointedby governor, 1 atlarge, 2 em-ployer, 2 employe

Matters pertain-ing to terms andconditions of em-ployment andgrievance pro-cedures. Em-ployer is notrequired to ne-gotiate inherentmanagerialpolicy

MISSISSIPPI

26 ;43 1'1 Education Commission of the States


GrievanceProcedures



Mediation bymutual agree-ment; non-binding rec-ommendations.State boardavailable

Binding arbi-tration ofgrievancesmay bebargained

Board of Con-ciliation andArbitratio,mediation, fact-finding, bindingrecommenda-tions if mutuallyagreed by partiesand authorizedby legislature

Standard pro-visions forunfair prac-tices. Strikesprohibited;loss of duescheckoff andexclusivityrights for2 years forviolation

Written agree-ment. Nodeadlinespecified

Baltimore City and3 counties have sep-arate procedures forclassified personnel. .

May be bar-gained; bindingarbitration per-mitted. Board ofConciliation andArbitrationavailable

Standard pro-visions for unfairpractices. Strikesprohibited; in-junctive relief.Salary loss, nomakeup, disci-pline and dis-charge forviolation

Written contractnot to exceed 3years. No dead-line specified

Legislatura.author-izes binding arbitra-tion of conractdisputes.

Request for fundingto be submitted tolegislature within 30days after agreement.If rejected, renegotia-tion prescribed.

Mediation andfactfinding;nonbinding rec-ommendationsvia MERC

May be bar-gained. Media-tion via MERC

Standard pro-visions for unfairpractices. Strikesprohibited; dis-cipline, dismissalfor violation


Final and bind-ing arbitration.Attorney gen-eral opinionstates that workweek andhours areproper arbi-trable items

Must be bar-gained; mustprovide compul-sory bindingarbitration

Standard pro-visions for unfairpractices. Strikesprohibited; lossof unit recogni-tion, dismissalfor violation


Agreements on wagesand economic fringebenefits are subjectto legislative ap-proval; renegotiationprescribed.


C/B Update: January 1976 32.27




MISSOURIVernon's AnnotatedStatutes: Public Em-ploye Law: § 105.500through 105.540

MC

K-12 I P-CPS

Public employ-es, excludingK-12 and post-secondary .

teachers andcertain others.K-12 and post-secondary classi-fied included


Appropriate unit;community ofinterest. StateBoard of Media-tion to resolveunit disputes.Exclusive repre-sentation. Nounion security

Public employer Proposals rela-tive to salariesand other condi-tions of employ-ment

MONTANAPublic Employe Law:HB 481, 1975;§ 594601 through1616

CB

K-12 P-CPS

CC

Public em-ployes, ex-cluding elected,appointed,supervisory,administrative,school dis-trict clerks,engineers.K-12, post-secondary andcommunitycollege per-sonnel coveredat profes-sional andclassifiedlevels withstated excep-tions

Board ofPersonnelAppeals de-cides unit.Exclusiverepresenta-tion. Duescheckoffpermitted.Service feesto union-selectedcharity

Board ofPersonnelAppeals:5 members;2 management,2 labor, 1 pub-lic appointedby governor

Wages, hours,fringe bene-fits, otherconditions ofemployment.Extensivemanagementrights listed

NEBRASKARevised Statutes:Teachers Profession-al Negotiations Act:§ 79-1287 through79-1295

MC

K-12 J P

Certificated em-ployes in ClassHI, IV, V schooldistricts.K-12 level

Unit not speci-fied. Exclusiverepresentation.No union security

Local schoolboard

Employmentrelations andmutually agreed-to matters

28 Education Commission the States

Final Form;Bargaining Deadline DatesImpasse Grievance Unfair Practices, For CompletedProcedures Procedures Penalties; Strikes Agreements

No specific No specific Standard pro- Written agree-provisions provisions visions for unfair

practices. Strikesprohibited; nopenaltiesspecified

ment. No dead-line specified

Comments

Agreement to be pre-sented to appropriatelegislative body inproper form for adop-tion, modification orrejection.

A meet and conferlaw.State supreme courtdecision, February1974says teacher or-ganizations are notlabor organizations;negotiations are notprohibited; agree-ments for profes-sional consultation arelegal, but may not bebinding on schoolboards.

Mediation, No specificfactfinding provisionsthrough BPA.Binding arbi-tration byagreement ofboth parties

Standard pro-visions forunfair prac-tices. Nospecificprovisionsfor strikes

Written con-tract. No dead-line specified

Students have a rolein postsecondary fac-ulty bargaining, andrepresentation at bar-gaining sessions.

Supreme court inNovember 1974 ruledthat public employestrikes are allowed atany point in negotia-tions.

Factfinding No specific No specific Written agree- A meet and conferboard and non- provisions provisions ment. No dead- law.binding recom- line specifiedmendations






NEBRASKARevised Statutes:Public EmployesAct: § 48-801 through48-837

CB

PS I P-C

Public employes,postsecondaryprofessional andclassifiedincluded

Unit not speci- State Court offied. Exclusive Industrial Rela-representation. tions: 5 judgesNo union security appointed by

governor

Conditions ofemployment,including wagesand hours

NEVADARevised Statutes:Local GovernmentEmployes Manage-ment Relations Act:§ 288-010 through288-280

tBK-12 I P-C

Local govern-ment employes.K-12 level;professional andclassified

Principals,asst. princi-pals or otheradministratorsbelow maynot be inteacher unitunless districtemploys lessthan 5 prin-cipals. Sep-arate unitsotherwise.Exclusive rep-resentation.Dues check-off permitted

Local Govern-ment EmployeManagementRelationsBoard:3 membersappointed bygovernor.10-memberadvisorycommittee:5 employer,5 employeappointed bygovernor

Wages, hours,conditions ofemployment.Written noticeof negotia-tion to employerby Jan. 15 iffunds involved.Required scoperestricted to20 items.Extensivemanagementrights listed

NEW HAMPSHIREState EmployeBargaining Rights:Ch. 273-A

CB

K-121 P-CPS

All publicemployes, ex-cluding elected,appointed, con-fidential, tem-porary. K-12,postsecon-dary; profes-sional andclassifiedcovered

Community of .interest de-termined byPELRB. Notless than 10employes peruhit; unitsmay combinefor bargain-ing on appro-val of mutualemployer.Professionalsand non-professionalsmay vote forinclusion insame unit.Supervisorsmust haveseparate units.Exclusive rep-resentation.No unionsecurity

Public Em-ploye LaborRelationsBoard:5 membersappointed bygovernor;2 labor,2 management,1 public

Wages, hoursand other con-ditions of em-ployment.Merit system,managerialprerogativeprotected



GrievanceProcedures



Binding arbitra-tion by Court ofIndustrialRelations

May bebargained

Standard pro-visions for unfairpractices. Nospecific provi-sions for strikes

Written contractrequired to coverbiennial periodcoinciding withstate budgetingperiod. No dead-line specified

Written contract issubject to legislativeapproval.

Mediation andfact finding man-datory by variousdates. Governorhas authority tomake factfinderrecommenda-tions bindingwithin 10 days oflegislature'sadjournment

May be bar-gained if re-lated to inter-pretation ofagreement.Appeals anddisputes toLGMRB. Courtreview avail-able

Standard pro-visions for unfairpractices. Strikesprohibited; nostrike pledgerequired forrecognition.Fines, salaryloss, dismissalfor violation; in-junctive relief

Written contractat request ofeither party;complete by May5 or within 10days of legisla-ture's adjourn-ment

Governor hasauthority to makecontract impassefactfinding recom-mendations bindingwithin 10 days oflegislature'sadjournment.

Contrary to earlierreports, the com-munity college systemis part of the Uni-versity of Nevadasystem and all of itsemployes are notcovered under thisact.

Mediation,fact finding,nonbindingrecommenda-tions.PER LB in-volvement.Legislativebody involve-ment

Must bebargained

Standard pro-visions forunfair prac-tices. Strikesand lockoutsprohibited;injunctiverelief, courtreview

Written con-tract by budgetsubmissiondate

Cost items must besubmitted to appro-priate legislative bodyfor approval; if re-jected, renegotiationprescribed.

n 3


State and StatutoryReference;identification

Conine; Em-ploye Classifi-cation; Level



NEW JERSEYStatutes Annotated:Employer-EmployeRelations Act:§ 34:13A-1 through34:13A-13

CB

K-121 P-CPSCC

All employes:state, county,municipal. Ex-cludes elected,board & com-mission mem-bers, confi-dential andmanagerial(in schooldistrict, mana-gerial exclu-sions are lim-ited to super-intendent,other chiefadministra-tors, assistantsuperinten-dents). K-12and postsecon-dary levels;professionaland classified

No unit may con-tain supervisorsand nonsupervis-ors. Exclusiverepresentation.No union security

Public Employ-ment RelationsCommission:7 members;2 employer,2 employe,3 publicappointed bygovernor

Grievances andterms and condi-tions of employ-ment

NEW MEXICO

NEW YORKMcKinney's Consoli-dated Laws Anno-tated: Taylor Act:Secs. 200-214, CivilService Law.

CB

K-12 I P-CPS

Any person hold-ing a position byemployment orappointment witha unit of govern-ment. K-12 andpostsecondarylevels; profes-sional and classi-fied. Managerial,confidential,militia excluded

Community ofinterest. Finaldecision byPublic Employ-ment RelationsBoard. Exclusiverepresentation.Dues checkoffpermitted

Public Employ-ment RelationsCommission:3 membersappointed bygovernor

Terms andconditions ofemployment;grievanceprocedures

3?32 Education Commission of the States


Mediation, fact- Must be bar- Standard pro- Written contracts. Provisions of act mayfinding and gained. May pro- visions for unfair Deadline date not annul or modifyarbitration vide for binding practices; injunc- regulated by state pension statutes.

arbitration tive relief. No PERCspecific provi-sions for strikes

State has no publicemploye collectivebargaining legislation;but an April 14, 1971attorney general'sopinion indicates alimited collective bar-gaining right forpublic employes andteachers. State per-sonnel board rulesinclude limited bar-gaining procedure forclassified stateemployes

Parties todevelop ownprocedures; mayinclude voluntaryarbitration.Mediation andfactfinding avail-able. Impassedeclared 120days prior to FY;10 days afterfactfinding, legis-lature mayintervene

Must be Standard pro- Written contract. Any agreement requir-bargained visions for unfair No deadline ing legislative action

practices. Strikes specified to permit implementa-prohibited; no tion or additionalstrike pledge funds must berequired for approved byrecognition; legislature.salary loss forviolation

38


State and StatutoryReference:Identification




NORTH CAROLINAGeneral Statutes

NORTH DAKOTACentury Code:§ 15-38-1.01 through15-38-1.15

CB

K-12 I -P

All classroomteachers andadministratorsemployed by apublic schoolsystem. K-12level

Teachers andadmiriistratorsmay not be insame unit. Em-ployer deter-mines appropri-ate unit. Exclu-sive representa-tion. No unionsecurity

Education Fact-finding Commis-sion: 3 members;1 appointed bystate educationsuperintendent;1 by governor;1 by attorneygeneral

Terms and condi-tions of employ-ment; employer-employe rela-tions, salaries,hours. Extensivemanagementrights listed

OHIO

OKLAHOMAStatutes Annotated:§ 509.1 through509.10

CB

K-12 P-C

All employes indistrict. Thosenot wishingrepresentationmay so state inwriting to localboard. K-12 level;professional andclassified

Separate unitsfor certifiedteachers andnonprofessionalemployes. Ex-clusive represen-tation. No unionsecurity

Local boards ofeducation

Items affectingthe performanceof professionalservices

OREGONRevised Statutes:Public Employer Law:§ 243.711 through243.795

CB

K-12 I P-CPS

Public employes No specific pro-excluding visions for unit.elected, Exclusive repre-appointed, con- sentation. Duesfidential or super- checkoff, servicevisory. K-12 and fees, union orpostsecondary agency shoplevels; profes- permittedsional andclassified

Public EmployeRelationsBoard:5 membersappointed bygovernor.

Including but notlimited to salar-ies, benefits,hours, terms andconditions ofemployment

34 Education Commission of the Statesifs


GrievanceProcedures




NCGS: § 95-85through 95-88. bar-ring public employemembership in nation-al labor organizationswas declared uncon-stitutional by U.S. Dis-trict Court in 1970;section forbiddingstate contracts withunions was upheld.

Mediation, fact-finding withnonbindingrecommenda-tions via Educa-tion Fact FindingCommission.Parties mayagree to ownprocedures

May be bar-gained. Boardrequired to meetand negotiateany questionarising out ofinterpretation ofagreement

Standard pro-visions for unfairpractices. Strikesprohibited; salaryloss for violation


State also has publicemploye law dealingwith mediation ofdisputes which wouldcover postsecondaryclassified employes:NDCC: § 31-11-01through 31-11-05

State has no publicemploye collectivebargaining legislation

Parties must de-velop proce-dures. 3-memberfactfinding maybe used onimpasse


Discriminationagainst employesexercising rightsis unfair practice.Strikes prohib-ited; salary loss,loss of unit rec-ognition forviolation


State has fireman,policeman and munic-ipal employe collec-tive bargaining: OSA:§ 548.1 through 548.14

Mediation, fact- May befinding, binding bargainedarbitration

Standard pro-visions for unfairpracticesStrikes by unitmembers permit-ted if not en-dangering pub-lic well-being;and after ex-haustion ofspecific pro-cedures. En-joined strikesmust be sub-mitted to bind-ing arbitration.Strikes pro-hibited if agree-ment containsbinding arbitra-tion provisions

Written contractif requested byeither party. Nodeadlinespecified






PENNSYLVANIAPurdon's StatutesAnnotated: PublicEmploye RelationsAct: Tit. 43,-§ 1101.101through 1101.2301

CB

K-12 I P-CPS

Public employes,excludingelected, governorappointed, man-agement, con-fidential. K-12and postsecond-ary levels; pro-fessional andclassified

Appropriateunits. Disputesto be settled byLabor RelationsBoard. Exclusiverepresentation.Dues checkoff,membershipmaintenancepermitted

Labor RelationsBoard: 3 mem-bers appointedby governor

Wages, hoursand terms andconditions ofemployment. Ex-tensive manage-ment rightslisted

RHODE ISLANDGeneral Laws: SchoolTeachers ArbitrationAct: § 28-9.3-1through 28-9.3-16

CB

K-12 I P

Certified teach-ers employed inany public schoolsystem, exclud-ing superinten-dents, asst. su-perintendents,principals, asst.principals. K-12level

All coveredemployes. Ex-clusive repre-sentation.Service feespermitted

State Labor Re-lations Board:3 membersappointed bygovernor; 1 man-agement, 1 labor,1 public

Hours, salaries,working condi-tions, terms andconditions ofprofessionalemployment

RHODE ISLANDGeneral Laws: StateEmployes: § 36-11-1through 36-11-12

CB

PS I P-C

All public, stateemployes, includ-ing postsecond-ary level; profes-sional andclassified

AU covered em-ployes. Exclusiverepresentation.Service feespermitted

State Labor Rela-tions Board: 3members ap-pointed by gov-ernor; 1 manage-ment, 1 labor,1 public

Wages,hours, workingconditions

RHODE ISLANDGeneral Laws: Munici-pal Employes Arbitra-tion Act: § 28-9.4-1through 28-9.4-19

CB

K-12 I C

Any employe ofmunicipal em-ployer (includingschool boards),except elected,management,etc., and teach-ers. Covers non-teaching K-12personnel

All covered em-ployes. Exclusiverepresentation.No union security

State Labor Rela-tions Board:3 members ap-pointed by gov-ernor; 1 manage-ment, 1 labor,1 public

Hours, salary,working condi-tions, all otherterms and con-ditions ofemployment

SOUTH CAROLINA



Mutual voluntary May be Standard pro- Written contract. Contract may notbinding arbitra- bargained. visions for unfair No deadline violate statutes.tion permitted. Arbitration practices. Strikes specified State-has separateMediation, fact- mandatory prohibited if collective bargainingfinding manda- "clear and pres- laws for (1) police andtory by budget ent danger' to firemen: SB 1343 Lsubmission date public well-being. 1968; and (2) munici-timetable Otherwise per- pal transit employes:

mitted after Act 228 L 1967.exhaustion ofbargaining pro-cedures

Mediation if No specific No specific Written contract In January 1973, therequested within provisions provisions not to exceed state supreme court30 days of start 3 years. No dead- ruled teacher strikesof bargaining. line specified illegal and subjectAd hoc panel to to injunction.provide binding Decision also elimi-arbitration on all nated ex partenon-fund matters injunction.

Mediation, fact- May be No specific pro- Written contract. State has firemanfinding, binding bargained visions for unfair No deadline collective bargainingarbitration on practices. Strikes specified law: § 28-9.1-2non-fund matters prohibited; no through 28-9.1-14 and

penalties policeman collectivespecified bargaining law:

- § 28-9.2-2 through28-9.2-14

Mediation, con- No specific No specific pro- Written contractciliation, binding provisions -visions ipr unfair not to exceed 3arbitration on pracfices. Strikes years. No dead-non-fund matters. prohibited; no line specifiedState director of penaltieslabor available specified

State has GrievanceProcedures Acts forstate, county andmunicipal employes:SB 121 and SB 124,L1971; but no publicemploye collectivebargaining legislation.

4 k")





Scope of Bar-gaining; Management Rights

SOUTH DAKOTACompiled Laws:Public EmployeNegotiation Law:§ 3-18-1 through3-18-20

CB

K-12 I P-CPS

Any person hold-ing a position byappointment oremployed withstate public ser-vice. K-12 andpostsecondarylevel; profession-& and classified

Appropriate unit;dispute to beresolved byCommissioner ofLabor and Man-agement Rela-tions. Exclusiverepresentation.No union security

Commissionerof Labor andManagementRelations

Wages, hoursand other termsand conditions ofemployment

TENNESSEE

TEXASVernon's CodesAnnotated

UTAH

VERMONTStatutes Annotated:Labor Relations Actfor Teachers: Tit. 16,§ 1981 through 2010

MC

K-12 I P

All certifiedteachers andadministrators inpublicly fundedschools

Separate units No specificfor teachers and provisionadministrators.Exclusive repre-sentation. Nounion security

Salaries, relatedeconomic condi-tions of employ-ment, grievanceprocedures,other mutuallyagreed items notin conflict withstatutes. Exten-sive managementrights

4 338 Education Commission of the States


GrievanceProcedures

Final Form;Deadline bates


Mediation withCommissionerof Labor andManagementRelations avail-able; other pro-cedures optional

Employer toestablish griev-ance procedures;binding decisionby Commissionerof no localsolution

Standard pro-visions for unfairpractices. Strikesprohibited; in-junctive relief;court review


Agreements must besubmitted to ap-propriate legislativebody, governing bodyor officer for approvaland necessaryimplementation.


Boards of trustees and administrative personnel of school districts mayconsult with teachers on matters of educational policy and conditions ofemployment: VTCA § 13.901. In May 1967 (# M-77) attorney general ruledthat public employes have the right to present grievances concerning wages,hours or working conditions through a union not claiming the right tocollective bargaining or strikes.

VTCA § 22.278 forbids public employe collective bargaining contracts orstrikes.

State has Fire and Police Employe Relations Act permitting collective bar-gaining in local jurisdictions only after petition and public referendum:HB 185 of 1973.

A 1975 attorney general's opinion states that employers are obligatedto hear grievances, but not to bargain.

State has firefighterslaw, SB 190, 1975.

The Right to Work lawallows organizationbut not negotiation.

Mediation, fact-finding, nonbind-ing recommenda-tions. AmericanArbitration Asso-ciation may as-sist. Employerdecision final

Must be No specific pro- Written agree- A meet and conferbargained visions for unfair ment. No dead- law.

practices. line specifiedActions posing"clear and pres-ent danger tosound programof school educa-tion" prohibited;injunctive relief

41,C/B Update: January 1976 39





VERMONT

Ch. 27, L 1969: StateEmploye Labor Re-lations Act.

CB

K-12 I P-CPS

Coverage is selective:all state universitypersonnel excluded

State employesincluding: certi-fied primary andsecondaryteachers at statehospital, statetraining schoolfor retarded,state juvenilecorrectional in-stitution; facultyand nonfacultyat state colleges;state police.Excluding: cer-tain exempt per-sonnel, adminis-trative, manage-ment, etc.Excluding: allpersonnel atstate university

Appropriate unitdetermined byEmploye LaborRelations Board.Exclusive rep-resentation. Nounion security

State EmployeLabor RelationsBoard: 3 mem-bers appointedby governor

Wages, salaries,hour; otherterms and condi-tions of employ-ment not inconflict withstatutes. Meritsystem principlesprotected

VERMONTStatutes Annotated:Municipal EmployeRelations Act:§ 21-1721 through21-1734

CB

K-12 I C

Municipal em-ployes, includingschool districtclassified per-sonnel; excludingelected, super-visors, confi-dential, certified,etc. K-12 level

Separate unitsfor professionaland nonprofes-sional. Exclusiverepresentation.Dues checkoff,service feespermitted

State EmployeLabor RelationsBoard: 3 mem-bers appointedby governor

Wages, hours,conditions ofemployment

VIRGINIA

WASHINGTON State classified Appropriate State PersonnelRevised Code employes includ- units. Exclusive BoardAnnotated: ing postsec- representation.§ 28B.16.100 ondary Dues checkoff

CB permitted

PSCC

C.I

I

4540

Grievance pro-cedures and allpersonnel mat-ters over whichinstitutions orrelated boardsmay lawfully ex-ercise discretion



GrievanceProcedures



Factfinding bypanel to ELRB;ELRB recommen-dations bindingonly by mutualagreement; maynot conflict withstatutes

Rules and finaldetermination byELRB

Standard pro-visions for unfairpractices; im-plied discipline.Strikes pro-hibited; listed asunfair practice;implieddiscipline.

Teachers con-sidered muni-cipal employesfor enforce-ment of sec-tions dealingwith unfairlabor practices.See MunicipalEmployeRelationsAct below

Written contractnot to exceed3 years

Mediation, fact-finding, advisoryrecommenda-tions; voluntarybinding arbi-tration

May be bar-gained. Bindingarbitration ofcontract inter-pretation griev-ances may beincluded. Volun-tary bindingarbitration oftenure griev-ances must beonly procedurefor such; super-sedes state law

Standard pro-visions for unfairpractices. Strikespermitted only:30 days afterfactfinding, afterbinding arbitra-tion award, andif no danger topublic well-be-ing. Injunctiverelief


Contracts must notviolate state law.Contracts which vio-late ordinance, by-law, rule or regulationmust be approved byappropriate legisla-tive body. Voluntarybinding arbitrationawards in tenuregrievances may su-persede state law..

State has no publicemploye collectivebargaining legislation.In July 1962 andFebruary 1970,attorney general'sopinions ruled thatlocal employes andteachers have theright to bargain.


May bebargained

No specific pro-visions for unfairpractices. Strikesprohibited; nopenaltiesspecified

Written agree-ment. No dead-line specified

Fund matters subjectto approval of chieffinancial officer.

C/B Update: January 19764 -3 41





WASHINGTONEducation EmployeCollective Bargaining:SB 2500, HB 1230,1975

CB

K-12 I P

Any certifi-cated employeof school dis-trict, excludingsuperinten-dents, admin-istrators, con-fidential. K-12professionallevel

All coveredemployes.Units may con-tain variedcombinationsof supervisorsand nonsuper-visors bymajority voteof both. Non-supervisor unitsmust includeall such.Exclusive'repr'esentation.Dues check-off, servicefees permitted

WASHINGTONRevised CodeAnnotated: Com-munity CollegeNegotiations Act:

28B.52.010 through28B.52.200

CB

CC

Academic em-ployes of com-munity collegedistrict

Public Employ-ment RelationsCommission:3 members ap-pointed bygovernor

All coveredemployes. Chiefadministratorsmay be includedin academic unitby electionNo specificprovisionsfor unionsecurity.

Public Em-ploymentRelationsCommission:3 membersappointed bygovernor

Wages, hoursterms and con-ditions of em-ployment. Priorlaw not toaffect scope.Supervisoronly units lim-ited to com-pensation,hours, numberof workdays,PERC decidesscope disputes

Curriculum,textbooks, in-service training,student teaching,personnel hiringand assignmentpractices, leavesof absence,salaries, nonin-structional duties

WASHINGTONRevised Code Anno-tated: Public EmployeCollective BargainingAct: § 41.56.010through 41.56.950

CB

K-12 C

Public employeswith specificexceptions. Actincludes K-12classifiedpersonnel

Appropriateunits. Exclusiverepresentation.Dues checkoff,service fees per-mitted. Unionsecurity provi-sions prevailover charter,ordinance, ruleor regulation

Public Employ-ment RelationsCommission:3 membersappointed bygovernor

Grievance pro-cedures, wages,hours, workingconditions. Ex-cludes mattersdelegated toother authorityby ordinance,resolution orcharter

WEST VIRGINIA

WISCONSINStatutes Annotated:Municipal EmployeRelations Act:§ 111.70 through111.71

CB

K-12 P-C

Any employe ofa political sub-division withspecific excep-tions. Includesteachers andclassified, K-12level

All employes ofone employerexcept execu-tives, super-visors. Exclusiverepresentation.Dues checkoff,service feespermitted

State Employ-ment RelationsCommission: 3members ap-pointed bygovernor

Wages, hours,and conditionsof employment.Extensive man-agement rightslisted

42 4 .Education Commission of the States


GrievanceProcedures



Mediation,fact-finding,advisory re-commendationsthrough PERC.

PERB avail-able. Bindingarbitrationpermitted ondisputed in-terpretationof agreement

Standard pro-visions for un-fair practices,injunctive re-lief. No specificprovisions forstrikes

Written con-tract if re-quested byeither party.No deadlinespecified

Act supersedes exist-ing statutes whereconflict exists. Con-tracts prevail overexisting rules andregulations.

Mediation,fact-finding,advisory re-commendationsthroughPERC


No discrimina-tion because ofexercise ofrights. Nospecific provi-sions for strikes

Written contractnot to exceed3 years. No dead-line specified

Contract is notbinding on futureactions of legislature.

Mediation,fact-finding,advisory re-commendationsthroughPERC. Bind-ing arbitrationfor uniformedpersonnel

Must be bar-gained. Mayprovide bindingarbitration ondisputed inter-pretation ofagreement

Standard pro-visions for unfairpractices; injunc-tive relief.Strikes pro-hibited, no penal-ties specified

Written contract State also has Portnot to exceed District Employe Act:3 years. No dead- SB 34, L 1967line specified


Mediation,fact-finding.EmploymentRelationsCommissionavailable

May bebargained

Standard pro-visions for unfairpractices; nospecific, pen-alties. Strikesprohibited; in-junctive relief,fines deductedfrom salaries

Written andsigned docu-ment. No dead-line specified

State has policemanand fireman collectivebargaining: WSA§ 111.77.

C/B Update: January 1976 4 8 43





WISCONSINStatutes Annotated:State EmploymentLabor Relations Act:§ 111.80 through111.97

CB

CC P-C

PS C

All state em-ployes except4-year post-secondaryteachers. In-cludes 2-yearpostsecondaryteachers, allpostsecondaryclassified em-ployes. Super-visors, manage-ment, etc.excluded

Statewide basis:1 unit for educa-tion employes.Exclusive repre-sentation. Duescheckoff, servicefees permitted

State Employ-ment RelationsCommission: 3members ap-pointed bygovernor

Wages, employeclassification,fringes, hoursand conditionsof employment.Extensive man-agement rightslisted. Meritsystem protected

WYOMING

DISTRICT OF COLUMBIA Public employes have bargaining rights by executive order of theCommissioner of D. C.

GUAM A 1969 public employe collective negotiations statute covers all classified andprofessional employes of the University of Guam and all other territorialpublic employes. The scope of bargaining covers only terms and conditionsof employment.

VIRGIN ISLANDS Public employes have right to organize, join, meet and confer by executiveorder of governor.

444 3 Education Commission of the States


Mediation,fact-finding.EmploymentRelationsCommissionavailable

May be Standard provi- Written and Tentative agreementsbargained sions for unfair signed docu- must be submitted to

practices; no ment. No dead- Employment Re la-specific penal- line specified tions Commissionties. Strikes pro- and Legislature forhibited; fines, approval, implemen-suspension, law- tation on cost orsuit for violation statutory matters.

If rejected, renego-tiation required.

State has firefighterslaw: S 27-265 through

27-273.

50C/B Update: January 1976 45

Coverage: EmployeClassification; Level

Act currently coversprivate industry andcommerce. Defini-tion of employer ex-cludes U.S. or stategovernment and po-litical subdivisions,persons or organiza-tions under the Rail-way Labor Act, andlabor organizationsother than when act-ing as employer.H.R. 77 (Thompson,D-NJ) would strikeexclusion of stategovernment andpolitical subdivisions.Definition of employecurrently excludesagricultural, domes-tic, independentcontractors, super-visors, those underthe Railway LaborAct, and those with-in the definition ofemployer. Supervi-sors are persons hav-ing authority to hire,transfer, suspend, layoff, recall, promote,discharge, assign, re-ward or disciplineother employes; orauthority to directother employes, ad-just grievances, etc.,using independentjudgment. A pro-fessional employe isone whose work ispredominately intel-lectual and varied incharacter, involvingdiscretion and judg-ment; whose outputcannot be standard-ized in relation to agiven time period;and who utilizes ad-vanced scientificknowledge or otherspecialized intellec-tual knowledge cus-tomarily acquiredthrough postsecon-dary or hospitalstudy.

Bargaining Unit:Type of Represen-tation; UnionSecurity

Appropriate unitis determined byNational LaborRelations Board.Professional em-ployes may be in-cluded in nonpro-fessional employeunit only by ma-jority vote of suchprofessional em-ployes. Supervi-sors are excludedfrom coverage. Ex-clusive representa-tion. Union shopand closed shopare permitted ex-cept where pro-hibited by statelaw.

Administration

National LaborRelations Board:5 members ap-pointed by Presi-dent with adviceand consent ofSenate; 5 yearterms.

NATIONAL LABOR

Scope of Bargain-ing; ManagementRights

Employer and em-ploye representa-tive have mutualobligation to meetand confer in goodfaith withrespect towages, hours,terms and condi-tions of employ-ment, or negotia-tion of agreement.Specific manage-ment rights arenot delineated.


RELATIONS ACT

Bargaining Impasse Grievance Pro-Procedures cedures

Federal Media-tion and Concili-ation Service isavailable at requestof either party;or may profferservices.

May be bargained.Federal Media-tion and Concili-ation Service isavailable as a lastresort.


Federal Legislation

Unfair Practices;Penalties, Strikes

Standard unfair prac-tices for employer/employe organiza-tion are listed. Theyinclude interference,restraint, coercion, dis-crimination, dischargebecause of complaintor testimony, refusalto bargain. NLRB ad-ministers filing of com-plaints, hearings, factfinding, injunction,court review and ap-peal. An appropriatestate agency may assumejurisdiction of disputesover which NLRB de-clines jurisdiction. Law-suits for violation ofcontract are permittedby and against labororganizations. Strikesand lockouts are per-mitted. Strikes imper-iling national healthor safety may be re-ferred to a board ofinquiry appointed byPresident to reportfindings of fact toPresident and thenceto Federal Mediationand Conciliation Serv-ice. President may re-quest injunctionthrough Attorney Gen-eral and U.S. DistrictCourt. Appeal provi-sions; 60-day periodfor settlement; publicreport, balloting ofemployes on final set-tlement offer, reportto Congress by Presi-dent with recommen-dations.

Final form;Deadline Dates

Written contractif requested byeither party. Nodeadline datesspecified.

47

PROPOSED NATIONAL PUBLIC EMPLOYMENT RELATIONS ACT

H.R. 1488

Coverage: EmployeClassification: Level

Employes of states andtheir political subdivi-sions; excluding appointed, elected.Supervisors are per-sons having authorityto hire, transfer, sus-pend, lay off, recall,promote, discharge,assign, reward or dis-cipline other employes;or responsibility todirect other employes,adjust grievances, us-ing independent judg-ment.

48

Bargaining Unit:Type of Repre-sentation: UnionSecurity

Commission de-cides appropriateunit, consideringcommunity of in-terest, wages, hours,other working con-ditions. Except forfirefighters, super-visors and non-supervisors must bein separate units.No provisions forseparation or com-bination of profes-sional and nonpro-fessional employes.Dues checkoff,service fees per-mitted.

Administration

National PublicEmployment Re-lations Commis-sion: 5 membersappointed by Presi-dent with SenateConfirmation;5-year terms. Re-gionalization. Gen-eral Counsel forCommission ap-pointed by Presi-dent with Senateconfirmation.

Scope of Bargain-ing: ManagementRights

Employer and em-ploye representa-tive have mutualobligation to meetand negotiate onwages, hours andother conditionsof employment.Specific manage-ment rights arenot delineated.


Federal Legislation

Introduced in 94th Congress by Representative Edward R. Roybal (D-Calif.)

Bargaining Impasse Grievance Proce-Procedures dures

Mediation andfact-finding avail-able through Fed-eral Mediationand ConciliationService or otheragency selected byparties. Recom-mendations, publicreport; final bindingarbitration bymutual agreement.

May be bargained;may provide bind-ing arbitration.

Unfair Practices;Penalties, Strikes

Standard unfair prac-tices for employer/employe organiza-tions are listed. Theyinclude interference,restraint, coercion,discrimination, dis-charge because of com-plaint or testimony,refusal to bargain.Commission adminis-ters filing of com-plaints, hearings, fact-finding, court injunc-tion, review, appeal upto U.S. SupremeCourt. District Courtshave initial jurisdic-tion. Strikes are notprohibited, exceptduring the 60-day per-iod following a publicfact-finding report.

Final form;Deadline Dates

Written contractif requested byeither party. Nodeadline datesspecified.

Comments: Regulatory or statutory matters bargained must be submitted to appropriatelegislative body for approval. Suits for violation of contracts are permitted.The Act would supersede all previous statutes; preempt all contrary localordinances, executive orders, legislation, rules or regulations adopted by anystate or political subdivision or agents. States with "substantially equivalent"laws may apply for exemption from Act.

tC/B Update: January 1976 49


The Education Commission of the States is a nonprofit organiza-tion formed by interstate compact in 1966. Forty-five states, PuertoRico and the Virgin Islands are now members. Its goal is to furthera working relationship among governors, state legislators and edu-cators for the improvement of education. This report is an outcomeof one of many Commission undertakings at all levels of education.The Commission offices are located at 300 Lincoln Tower, 1860Lincoln Street, Denver, Colorado 80203.