Collaborative Conferencing Law

107th General Assembly
State of Tennessee
 
 
 
 
 
Republican Caucus Chair Maggart
Releases Statement Regarding
Collaborative Conferencing Law
 
(NASHVILLE, June 1, 2011)
House Majority Caucus Chairwoman Debra Young Maggart (R—Hendersonville) released the following statement after Governor Bill Haslam signed the Professional Educators Collaborative Conferencing Act of 2011 into law:
 
"Tennessee is a stronger State today because of this new law. Our Republican Majority set out to reform education by giving a voice to all teachers and prioritzing student achievement. We have done just that."
 
"A quality education is the lynchpin for building a better society. It leads to high quality jobs, a well-trained and better equipped workforce, and makes Tennessee an even more attractive destination for top companies. By removing barriers in communication and rewarding the hard work of our high performing teachers, we are securing a brighter tomorrow for Tennesseans."
 
"With the signing of this law today, individual achievement is the hallmark of education in Tennessee."
 
Below is a comparison of the collective bargaining union mandate that has now been lifted, and replaced with collaborative conferencing.
  
Comparison of The Educational Professional Negotiations Act of 1978
 and The Professional Educators Collaborative Conferencing Act of 2011
Collective Bargaining
(EPNA)
Collaborative Conferencing
(PECCA)
Requires 30% of teachers to request an election, requires 50% + 1 in election in order to bargain.  (Organization)
Requires 15% of teachers to request an election, requires 50% + 1 in an election in order to collaborate.  (Organization)
Provides for exclusive recognition of professional organizations for bargaining.
Provides for inclusive recognition of all professional organizations for collaborative purposes.
There are eight mandatory subjects of negotiation – scope of negotiations:
1.)  Salaries or Wages
2.)  Grievance procedures
3.)  Insurance
4.)  Fringe benefits
5.)  Working conditions
6.)  Leave
7.)  Student discipline procedures
8.)  Payroll deductions
There are seven conditions of collaboration and are limited to:
1.)  Salaries or wages
2.)  Grievance procedures
3.)  Insurance
4.)  Fringe benefits
5.)  Working conditions
6.)  Leave
7.)  Payroll deductions; excludes any deduction for political action committee purposes.
Provides for a memorandum of agreement.
Provides for a memorandum of understanding.
Dictates the number of individuals on the teacher negotiating team and the number allowed on the management team.  Based on the size of the school system.
Dictates the number of individuals on both terms to be equal between 7 and 11 members each team.
Defines and describes unlawful acts.
Defines and describes unlawful acts.
Provision for the filing of complaints in chancery court.
Provision for the filing of complaints in chancery court.
Provides for mediation and conciliation upon disagreement.
Mandates continuance of collaboration upon disagreement.
 
There are many differences in Collective Bargaining and Collaborative Conferencing.  There are also many similarities and many issues that are exactly the same, this comparison is by no means all inclusive.  Ultimately teachers will still very much have input into those items that are important to them and L.E.A.s can achieve necessary reforms in education in Tennessee.