Facts for Schools in New York

The Taylor Law--Adopted in 1967 granting public employees the right to organize and bargain collectively with their employer.

Strikes Prohibited--Within eight months of its enactment, N.Y. Times describes the Taylor Law as having an "almost revolutionary effect" on public sector labor relations. 

By the fall of 1968, an additional 360,000 state and local government employees had been unionized, in addition to the roughly 340,000  (mostly in New York City) who were already engaged in collective bargaining before the law passed.

Duty to Bargain in Good Faith Section of the Taylor Law

“The duty to bargain in good faith means that both parties approach the negotiations table with a sincere desire to reach an agreement. Thus, good faith is a matter of intention”

Duty to Negotiate in Good Faith means that both parties approach the negotiating table with a sincere desire to reach an agreement – a matter of intent.

The Duty Does Not Include Agreement!

To Determine the Parties' Intent, PERB looks at the Overall Conduct of Parties:

(1) willingness to exchange proposals,

(2) willingness to discuss the issues,

(3) willingness to explain the rationale of negotiating positions upon request

(4) willingness to accommodate the idea of compromise

The Process of Negotiating and Good Faith Bargaining

“Hard bargaining” is not a per se violation of good--faith bargaining proper for the board to submit demands to freeze or even decrease current levels of benefits

Negotiations Related Communications during contentious times-- merely informative in nature and did not contain threats of reprisal or promise of benefits or otherwise attempt to circumvent the union negotiators

When Negotiations Fail- -Next Steps

Mediation

Fact Finding

Super Conciliation

Uncertainty in the Present Economic Climate

Governor Cuomo has proposed a property tax cap on local tax levies

of 2% or the inflation rate, whichever is lower, effective July 1, 2012.

If the tax cap is set at the maximum of 2%, school districts will

automatically be forced to operate at a minimum of a 10% deficit.

Property Tax Cap

If the Governor ’s proposed property tax cap were to pass, the 668 school districts with independent taxing authority in the State would only be able to increase property taxes a maximum of $229 million per year, on average, over the next four year period. 

Increases in personnel expenses, collectively, during that same period, however, are projected to average approximately $1.044 billion per year, resulting in a $815 million deficit, per year.

Step increases alone would result in a rise above

the cap.  (Source “Property Tax Cap: Pass or Fail for School Districts”, New York State School Boards Association, December 2010 at p. 3).

more to come....