Creates a collective bargaining by region for school districts that choose to opt in

Summary of specific provisions

Section 1: Adds a new Civil Service Law section 215 whereby collective bargaining by region for school districts, that elect to do so, supersedes certain laws and rules & regulations, to eliminate inconsistencies.

Subdivisions 1 through 12 detail the roles, responsibilities, and interactions of and between the Director of the Governor's Office of Employee Relation, District Superintendent and Boards of Cooperative Educational Services (BOCES), Regional Collective Bargaining Teams, Employee Organizations, and Commissioner of Education.

Subdivisions 1 through 12 also set forth the regional collective bargaining team size, bargaining date schedules, terms for bargaining, approval and ratification processes, superseding stipulations, effective dates, and school district participation conditions.

Subdivision 13 sets forth costs and expenses, responsibilities, reimbursement rates, and participating schools. Subdivision 14 states that if any part of this section is adjudged invalid by an appropriate court, it only pertains to that part, not the remainder of the section.

Justification

This legislation incorporates the 2008 New York State Local Government Efficiency and Competitiveness Commission's recommendation that school districts have the option of electing to have salary and benefits plans negotiated regionally on a BOCES-wide basis. This recommendation was contained in both the Suozzi Commission Report and the more recent Lundine Commission Report. These regional contracts would be phased in as current contracts expire and apply only to new hires, the existing employees being grandfathered in going forward for some period of time. Teachers would be covered first followed by other employees unions on a gradual basis.

There are no regional collective bargaining agreements on a regional or multi-school district level. Close to seven hundred (700) separate school districts engage in collective bargaining with their employee unions. Employee unions are statewide and possess a wealth of legal expertise and resources. Individual school districts vary in size, but even the largest do not have the same wherewithal or scope of expertise in contract negotiation. The employee unions by virtue of their resources therefore, enjoy a greater advantage in bargaining with individual school districts.

This legislation enables school districts to engage in collective bargaining with employee unions more equitably. Regional collective bargaining not only results in bargaining equity but would also encourage potential school district consolidation and enhance career options for teachers, thereby strengthening student education.

This is a study bill to obtain comments from the public and interested parties on the concept of encouraging regionalized collective bargaining by school districts and union representatives. Those who support such a concept are drawn toward the cost savings for school district real property taxpayers that may occur due to the economies of scale that may be secured by reducing the number of contract negotiations that occur throughout the State. Further, it is hoped that the public comments received on this bill may, at least, become the basis of establishing a regional demonstration project to see how this concept would work before establishing it on a statewide basis.

Prior legislative history

This is a new bill.

Fiscal implications

It is anticipated that the increased costs sustained by the Governor's Office of Employee Relations for consultation with BOCES Districts would be offset by the savings generated to school districts in the reduced number of contacts that currently need to be separately negotiated.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall have become a law.