EDUCATION RELATED LEGISLATION

ALERT #1

*HB 0130 by *Maggart, Casada. (SB 0113 by *Johnson, Gresham, Summerville, Kelsey, Ketron.) Teachers, Principals and School Personnel - As introduced, abolishes teachers' unions ability to negotiate terms and conditions of professional service with local boards of education. - Amends TCA Section 5-23-107 and Title 49.

Fiscal Summary Not Available

Bill Summary This bill prohibits any local board of education from negotiating with a professional employees' organization or teachers' union concerning the terms or conditions of professional service on or after the effective date of this bill.

Under present law, the Education Professional Negotiations Act gives any person employed by a local board of education (LEA) or charter school who has a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state the rights to self-organization, to form, join or be assisted by professional employees' organizations, to negotiate through representatives of their own choosing and to engage in other concerted activities for the purpose of professional negotiations or other mutual aid or protection. The board of education and the recognized professional employees' organization must negotiate in good faith the following conditions of employment: salaries or wages; grievance procedures; insurance; fringe benefits; working conditions; leave; student discipline procedures; and payroll deductions.

This bill removes all rights and requirements under present state law regarding such professional employees, professional employees' organizations, and negotiations between such organizations and the board of education or the governing body of the charter school. However, this bill would not abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before the effective date of this bill. Any such contract or agreement would remain in full force and effect until the expiration of the contract or agreement. Upon the expiration of a contract or agreement negotiated by a board of education and a professional employees' organization, teachers employed by such board of education would have the rights in their employment that are afforded to them under state and federal law and the personnel policy applicable to them.

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0130

Actions taken/bill history:
 HB0130 Action Date Intro., P1C. 02/07/2011 Filed for intro. 01/18/2011 Actions Taken on SB0113 Action Date Placed on S. Ed. Comm. 1 cal. for 2/16/2011 02/09/2011 P2C, ref. to S. Ed. Comm. 02/09/2011 Intro., P1C. 02/07/2011 Filed for intro. 01/24/2011


ALERT #2


From our friends at Memphis Tea Party—Legislative Alert. This is a companion to HB 130 (Representative Debra Maggart). 
 
TN TEA PARTY LEGISLATIVE ACTION ALERT
LEGISLATION TYPE: STATE
BILL # SB 113
DATE OF ALERT: FEB 3, 2011
NAME OF BILL:  AN ACT to amend Tennessee Code Annotated, Section 5-23-107 and Title 49, relative to the Education Professional Negotiations Act
Status: Up for Senate Vote on February 16, 2011
Sponsor of Bill: Johnson        Alert Requested by: Ron Ramsey, Lt Gov, TN
LINK to the Bill: http://www.capitol.tn.gov/Bills/107/Bill/SB0113.pdf  and http://wapp.capitol.tn.gov/apps/billinfo/BillSummaryArchive.aspx?BillNumber=SB0113&ga=107 

REQUEST ACTION: 
1.  Immediately communicate your support for SB 113 to the Senate Education Committee members (contact information is below).  Please make Phone Calls and/or Send Emails to all of the members on the Senate Education Committee URGING THEM TO SUPPORT SENATE BILL 113.  The Senate Education Committee is scheduled to vote on this bill on Wednesday, 2/16/11.
2. Tennessee Tea Party members gather at 10am on February 16, 2011 at 12 Legislative Plaza in Nashville . (The Committee Hearing Room & Time should be on their website by 2/9/11 (visit http://wapp.capitol.tn.gov/apps/schedule/default.aspx?type=senate ) We strongly suggest you check that website or call the Senate Education Committee Chairwoman's office, Sen. Gresham, at 615-741-2368 to verify the Hearing date / time in case of a change.  You should also try to schedule a visit with your legislators but please be at the Hearing Room by 10:00 AM unless the website has noted a date/time change.
3. Please email teacher friends and ask them to show their support of this bill, too. 
OVERVIEW/SUMMARY OF BILL:
SB113 is the companion Senate bill to HB130. This bill is certainly not anti-teacher - it is anti-union collective bargaining.  The bill will not affect any contracts that are already in place prior to the law's passage. Further, the bill does not abolish unions, it simply prevents their participation in collective bargaining.
 
Tennessee is a right to work state. TN does not authorize any other public sector employees to engage in collective bargaining (i.e. firefighters, police officers, state employees). The surrounding states of GA, SC, NC and VA all prohibit collective bargaining by teachers, a few others allow it, but current TN law requires it.
 
The Tennessee School Boards Association supports this bill.  Collective bargaining creates an adversarial relationship between teachers and local school boards. Often, school systems submit to unreasonable demands in their contracts simply to prevent costly lawsuits from the very well financed teachers' union(s).
 
Where layoffs, terminations, salary adjustments and bonuses are concerned, union contracts are invariably based upon seniority rather than teacher performance and effectiveness. We believe strongly that teachers' compensation should be based on student results (TVAAS) rather than length of service. Interestingly, in the most recent state Comptroller's weighted salary report, teachers in those school systems that are not in collective bargaining on average receive more in salary and benefits than those in systems that are involved in collective bargaining.
 
Federal Race to the Top education reform funds and grants from the state are to be available over the next four years based upon a performance-pay system. WE URGE ALL VOTERS TO SUPPORT SB113 enable these new incentive programs to be implemented.
* Please give these three folks an extra push and attention. They are likely to be the most resistant.       
Vice Chairman, Senator Tate

                    Senator Berke
                    Senator Burk
Senate EDUCATION Committee Members ~ (Don't forget to say you are with the TN Tea Party)
Chair: Senator Dolores Gresham
(615) 741-2368
sen.dolores.gresham@capitol.tn.gov 
*Vice-Chair: Senator Reginald Tate
(615) 741-2509
sen.reginald.tate@capitol.tn.gov
Secretary: Senator Brian Kelsey  
(615) 741-3036
sen.brian.kelsey@capitol.tn.gov
*Senator Andy Berke   
(615) 741-6682
sen.andy.berke@capitol.tn.gov
*Senator Charlotte Burks 
(615) 741-3978
 sen.charlotte.burks@capitol.tn.gov
Senator Rusty Crowe 
(615) 741-2468
sen.rusty.crowe@capitol.tn.gov
Senator Jim Summerville
(615) 741-4499
sen.jim.summerville@capitol.tn.gov
Senator Jim Tracy  
(615) 741-1066
sen.jim.tracy@capitol.tn.gov
Senator Jane Woodson 
(615) 741-1648
sen.jane.woodson@capitol.tn.gov
  
And from our friends at SURG..HB 130..
 
·         HB130prevents collective bargaining between teachers unions and local school boards.  This does not affect any contracts that are already in place prior to the law and it does not abolish any unions, it just prevents unions from bargaining with our school boards.
·         Of the states that surround ours, GA, NC, SC and VA prohibit collective bargaining by teachers' unions. The others allow it, but only Tennessee REQUIRES it (http://www.nctq.org/tr3/scope/#interactiveMap)
·         The Tennessee School Boards Association supports the bill (reforms are abolish collective bargaining.  A lot of members of local school boards support HB130.
·         Education reforms are greatly hindered and almost impossible with collective bargaining. The drastic reforms through "First to the Top" would have never been passed if they would have been negotiated with the unions on the local level. Additionally, the actual implementation of these reforms has become extremely difficult with collective bargaining.
·         School systems must dedicate a substantial amount of time and funds to the collective bargaining process when these resources could be better utilized for additional resources for students.
·         In the most recent state Comptroller's weighted salary report, teachers in systems that are not involved in collective bargaining on average make more in salary and benefits than those in systems that are involved in collective bargaining.
·         This bill is absolutely not anti-teacher.  Rather, it is anti-collective bargaining.
·         Tennessee is a right to work state.
·         Tennessee does not authorize any public sector employees to engage in collective bargaining except teachers.  (e.g. firefighters, state employees, police officers are all prohibited from the practice).
·         The collective bargaining process creates an additional "middle man" between school systems and teachers. 
·         The collective bargaining process creates an adversarial relationship between teachers and school boards.  It most often builds walls and hostility between the groups rather than a cooperative, collaborative relationship.
·         In school districts with local unions the union represents all teachers in labor negotiations, even if a teacher doesn’t want to be a member of the union and prefers a merit-based pay system.
·         The pockets of teachers' unions are much deeper than those of schools systems.  Through the collective bargaining process, a school system's team often agrees to unreasonable conditions or terms in a contract simply to prevent a lawsuit that the system simply cannot afford.

State tuned to PROFESSIONAL EDUCATORS OF TENNESSEE at…
http://pet-teachers.net/default.aspx

AND FROM OUR FRIENDS AT 9/12 NASHVILLE….
You are invited to attend, with other TEA party Patriots and interested constituents, a very important Senate Education Committee meeting in Room # 12 at 10AM on February 16, 2011 in the Legislative Plaza.
Four Bills (noted below) are on the agenda for discussion. We are told that the Tennessee Educators Association (TEA) intends to be there in force...and make their presence and dissatisfaction known. They intend to fight "tooth and nail" against these pieces of legislation and will use:(a) intimidation, (b) try to pack out the room with "sympathizers", (c) try to conduct sob-story interviews with compliant teachers etc and (d) attempt to derail these good pieces of legislation if they can. 
Your presence (fill up the room) will encourage our senators and send a message to the TEA that their control and intimidation over our teachers and school board members is coming to an end.
 
RECOMMENDATION: Get there early...by 9am at the latest to get a seat and occupy it. Unless one of your friends is physically holding your seat for you...they are literally "up for grabs" even if you try to hold your seat with a coat/purse etc.
 
If you get a chance, send an email to the legislators noted to encourage them with your support. More information is available on the state of Tennessee gov. web site. The sponsoring senators and representatives are being swamped with calls and emails from puppet TEA members and leadership...not very pleasant.

Senate Bill (0102)Sen. GRESHAM: Change the method of selection of trustees of TCRS representing teachers and retired teachers from election by the representative assemblies of the Tennessee Education Association and the Tennessee Retired Teachers Association respectively to appointment by the speakers of the senate and the house.
 
Senate Bill (SB0113)Sen. GRESHAM: Abolish Teacher's Union ability to negotiate terms and conditions of professional service with local boards of education.
              
Senate Bill (SB 0136)Sen. KETRON:  Prohibits public employees from having a payroll deduction to a political action committee or for dues for membership organizations that use funds for political activities. (HB 0159 Casada)
 
Senate Bill (SB 0139)Sen KETRON:Campaign and Campaign Finance Creates class C Misdemeanor for labor organization to contribute to candidates
                              
The House of Reps will be running companion bills (see above) in the House Education committee. Not sure when they are scheduled to meet but will advise you when we get the information. The House committee meeting(s) are also very important for us to pack out as well. Drop a note to these Reps to encourage them as well.
 AND FROM OUR FRIENDS AT FAMILY ACTION COUNCIL OF TENNESSEE….You will want to utilize their system for important legislation tracking at….
http://www.factn.org/legislation.htm
 ALSO SIGN UP AT TENNESSEE EAGLE FORUM FOR THE LATEST INFORMATION FROM TENNESSEE GENERAL ASSEMBLY….
http://www.tneagleforum.org/
 UPCOMING EVENTS:

9/12 LEADERSHIP CONFERENCE – Saturday February
Under present law, the Education Professional Negotiations Act gives any person employed by a local board of education (LEA) or charter school who has a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state the rights to self-organization, to form, join or be assisted by professional employees' organizations, to negotiate through representatives of their own choosing and to engage in other concerted activities for the purpose of professional negotiations or other mutual aid or protection. The board of education and the recognized professional employees' organization must negotiate in good faith the following conditions of employment: salaries or wages; grievance procedures; insurance; fringe benefits; working conditions; leave; student discipline procedures; and payroll deductions.

This bill removes all rights and requirements under present state law regarding such professional employees, professional employees' organizations, and negotiations between such organizations and the board of education or the governing body of the charter school. However, this bill would not abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before the effective date of this bill. Any such contract or agreement would remain in full force and effect until the expiration of the contract or agreement. Upon the expiration of a contract or agreement negotiated by a board of education and a professional employees' organization, teachers employed by such board of education would have the rights in their employment that are afforded to them under state and federal law and the personnel policy applicable to them.

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0130

Actions taken/bill history:
Bill History Actions Taken on HB0130 Action Date Intro., P1C. 02/07/2011 Filed for intro. 01/18/2011 Actions Taken on SB0113 Action Date Placed on S. Ed. Comm. 1 cal. for 2/16/2011 02/09/2011 P2C, ref. to S. Ed. Comm. 02/09/2011 Intro., P1C. 02/07/2011 Filed for intro. 01/24/2011


ALERT # 3--FEBRUARY 21, 2011--FROM OUR FRIENDS AT TENNESSEE EAGLE FORUM

STOP REQUIRED NEGOTIATION:
SB 0113 by *Johnson ( *HB 0130 by *Maggart)
As introduced, abolishes teachers' unions ability to negotiate terms and conditions of professional service with local boards of education.
STATUS:  The Senate bill will now go to the Senate floor. While it has not been assigned a floor day, it is NOT too early to begin contacting your Senator urging his or her support. You can be sure that opponents will be lobbying this very hard.  The House companion has not yet been scheduled for a hearing.

COMMENT:  While we certainly support SB113, it should be noted that this is NOT an 'assault' on the union.  It is simply a effort to level the playing field and give local boards of education the flexibility they need to focus on the needs of the students and not on the demands of collective bargaining. Word has been received that the Teamsters are also getting involved in this debate. You can be sure that the lawmakers are being inundated with supporters of mandatory collective bargaining, so opponents of this mandate must be faithful to make their voices heard.
For more information visit this link   http://m.knoxnews.com/news/2011/feb/20/activists-lead-assault-tennessee-education-associa/

ONE OF OUR MEMBERS LOCATED THIS AND ALERTED US. http://www.teateachers.org/News.asp?s=1&nid=343
WE ARE RESPONDING BY ATTENDING THIS PROTEST. THE ALERT HAS GONE OUT AND WE ARE EXPECTING A HEFTY CROWD TO COUNTER THEM. WE NEED ALL SUPPORTERS OF OUR LEGISLATORS AND THE AMERICAN/TENNESSEE PEOPLE TO COME TO THIS COUNTER-PROTEST! FOR THE INFORMATION ON THE COUNTER-PROTEST GO TO   http://www.facebook.com/#!/event.php?eid=203394386341401

FOR A GREAT ARTICLE BY SENATOR JIM TRACY ON THIS ISSUE GO TO  http://www.dnj.com/article/20110220/OPINION02/102200315