This paper examines collective bargaining in education, defined by the National Labor Relations Act as the mutual obligation of employers and employee representatives to negotiate in good faith. The paper profiles major teacher unions—the National Education Association (NEA) and American Federation of Teachers (AFT)—and explains the five-step collective bargaining process. A detailed case study of the 2012 Chicago Teachers Union strike illustrates real-world negotiation challenges over evaluations, pay, teacher recall, working conditions, and mayoral support. The paper presents both criticisms of teacher unions (tenure protection, resistance to reform) and defenses (professional development, safety advocacy, academic freedom). It concludes that effective school systems depend on collaborative relationships built through collective bargaining.
According to section 8(d) of the National Labor Relations Act, collective bargaining is defined as the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder (Cihon & Castagnera, 2011, p. 473).
Researchers believe that there are four main reasons for the growth of collective bargaining for teachers. The first is the passing of state laws that protect teachers' rights to seek bargaining recognition. Second, the decline of enrollment and increase in inflation during the 1970s eroded teachers' financial well-being, and general discontent with access to and influence over educational decision-making diminished teachers' sense of professionalism. Third, changing social conditions and workforce demographics, along with increasing aggressiveness and social awareness, provided fertile ground for the union movement. Finally, as unionism in the private sector continually declined, union organizers came to see teachers and the public sector as ready for organizing, and rivalry between the AFT and the NEA increased their passion for growth.
The National Education Association and the American Federation of Teachers are two of the largest labor unions in the United States. The National Education Association, or NEA, is the largest professional organization and largest labor union in the country. NEA represents public school teachers and other support personnel, faculty and staff, retired educators, and college students preparing to become teachers. The NEA has 3.2 million members and is headquartered in Washington, DC. The stated mission of the National Education Association is "to advocate for education professionals and to unite our members and the nation to fulfill the promise of public education to prepare every student to succeed in a diverse and interdependent world, as well as concerning itself with the wage and working condition issues common to other labor unions" (NEA).
The American Federation of Teachers, or the AFT, is a labor union that primarily represents teachers and was founded in the 1900s. The AFT has over 800,000 members and is also headquartered in Washington, DC. The stated mission of the American Federation of Teachers is: "The American Federation of Teachers is a union of professionals that champions fairness; democracy; economic opportunity; and high-quality public education, healthcare and public services for our students, their families and our communities. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do" (AFT).
The collective bargaining process consists of five important steps. The first step is preparation. This step involves both the union representative and the employer's representatives creating a negotiation team. During the preparation phase, union representatives and employer representatives should determine what issues will be bargained upon and whether there is any reason to bargain. For this phase to be successfully executed, both parties need to have an understanding of operations, working conditions, production norms, and other relevant conditions.
The next step is to discuss the ground rules that will direct the negotiations. It is important for both parties to have some understanding and trust for one another so that an effective collective bargaining agreement can be created.
The purpose step consists of opening statements and options that should be used to resolve the issues. During this step, both parties exchange messages and consider each other's opinions.
The process is nearly complete when the parties begin to bargain. Negotiations can be easy if both parties have a "problem-solving" attitude. Most times, however, negotiations for a collective bargaining agreement are not so simple. After negotiations are complete, a draft of the collective bargaining agreement is created.
The last step in the process is settlement. Once both parties have finished negotiations, an agreement is reached where both parties agree to a common decision regarding the problem or issue.
The Chicago Teachers Union is a labor union that has been in existence for 75 years. They represent teachers, professionals, and clinicians in the Chicago public school system. The union's main focus is on its members' pay, benefits, and job security. The union also strives for improvements in Chicago schools.
In 2012, approximately 26,000 teachers and staff members represented by the Chicago Teachers Union participated in a strike that resulted from negotiations not being agreed upon. This weeklong strike was the third largest strike in the nation and the first in Chicago after 25 years (Pearson, 2012). Five major subjects were not agreed upon and forced the strike.
The first subject that members wanted to address was evaluations. The second subject was pay and benefits. The Mayor had previously proposed longer school days, so the teachers sought a significant raise for the first year of the new contract. Teachers were offered a 16 percent increase over a four-year period and "step increases" for performance, along with incentives for more experienced teachers. However, the teachers wanted to keep the former system of granting raises based solely on experience (Pearson, 2012).
The third subject was teacher recall. The Chicago Teachers Union wanted teachers who were laid off during school closings to be recalled when new openings became available. If no openings existed, the union felt that teachers should receive a three-month severance package. The fourth subject was teacher working conditions. In Chicago, most classroom sizes are fairly large. The average class has a 25-to-1 student-to-teacher ratio ("The Problem"). The contract at the time mandated a maximum of 31 students per teacher but frequently exceeded that number. Additionally, the city of Chicago had planned to close one hundred schools over the following years, which fueled concern for both parents and the union. Teachers were also fighting for better school environments because most classrooms lacked air conditioning. The fifth and final subject was mayoral support of the union in Chicago.
Mayor Rahm Emanuel became mayor of Chicago in 2011 and promised to overturn underperforming schools, particularly on the south side of the city. The union did not believe the mayor had their best interests in mind because his first major negotiation with the union resulted in the strike. He had altercations with the union president after bypassing the union's opinion and offering bonus pay to schools if they lengthened the school day.
During the weeklong strike, tensions escalated. The mayor accused teachers of caring more about money than the futures of the thousands of students missing school, and the union leaders accused the mayor of trying to bully and intimidate the union into a bad deal. Teachers reached a tentative agreement with the city on September 14, 2012, that included preferences for teachers laid off due to school closings to be hired at another school. Student test scores were to have less influence on evaluations. However, this tentative agreement fell through, and the strike continued. The mayor announced his intention to file an injunction to end the strike. Delegates from the Chicago Teachers Union agreed to end the strike on September 18, 2012 (Gray, 2012). Union president Karen Lewis stated that "it was time… that we couldn't solve all the problems of the world with one contract, and that it was time to suspend the strike" (Pearson, 2012). Students returned to school on September 19, 2012.
All five subjects were agreed upon in some way and ratified by union members, with over 79 percent voting in favor of the new contract. The mayor obtained what he said was a "system that would make teachers more accountable" (Gray, 2012). The school day and year were extended, adding approximately two years of instruction time for certain students. The agreement included an average of 17.6 percent increase in pay over four years. Along with the pay increase, the original merit pay tied to student test scores was lowered from approximately 45 percent to 30 percent. Merit pay based on student test scores was mandated by the state, so it could not be completely removed. This was a major victory because the school had attached much importance to student performance. Teachers argued that student behavior had nothing to do with teachers' effectiveness. Teachers also received an increase in health insurance coverage. Additionally, teachers who had been laid off were offered better job opportunities and more control over their jobs, along with protections from supervisor intimidation.
"Arguments that unions protect poor performers and resist reform"
"Professional development, safety advocacy, and academic freedom protections"
"Collaborative approach to education through collective bargaining"
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