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Statutes > North-dakota > T151 > T151c16

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CHAPTER 15.1-16TEACHER REPRESENTATION AND NEGOTIATION15.1-16-01. Definitions. As used in this chapter:1.&quot;Administrator&quot; means an individual who is employed by the board of a public school<br>district primarily for administration of a school or schools of the district and who<br>devotes at least fifty percent of the individual's time in any one year to the duties of<br>administration of the school or schools of the district.2.&quot;Negotiating unit&quot; means:a.A group of administrators having common interests, common problems, a<br>common employer, or a history of common representation, which warrants that<br>group being represented by a single representative organization in negotiations<br>with the board of a school district; orb.A group of teachers having common interests, common problems, a common<br>employer, or a history of common representation, which warrants that group<br>being represented by a single representative organization in negotiations with<br>the board of a school district.3.&quot;Representative organization&quot; means an organization authorized by a negotiating<br>unit to represent the members of the unit in negotiations with a school board.4.&quot;Strike&quot; means any concerted work stoppage, slowdown, or withholding of<br>contracted services.5.&quot;Teacher&quot; means a public school employee licensed to teach by the education<br>standards and practices board or approved to teach by the education standards and<br>practices board and employed primarily as a classroom teacher.15.1-16-02. Education factfinding commission - Appointment - Terms - Quorum.1.The education factfinding commission consists of three members experienced in<br>educational activities. One member is appointed by the governor, one member is<br>appointed by the superintendent of public instruction, and one member is appointed<br>by the attorney general. The member appointed by the superintendent of public<br>instruction shall serve as the chairman of the commission.2.The term of each commission member is three years staggered.3.If a vacancy occurs, the individual who appointed the member to be succeeded shall<br>appoint a new member to serve only the unexpired term of the member to be<br>succeeded.4.Two members of the commission constitute a quorum.15.1-16-03. Education factfinding commission - Compensation. Each member ofthe commission is entitled to receive compensation at the rate of ninety dollars per day and<br>reimbursement for expenses, as provided by law for state officers, for attending commission<br>meetings or performing duties directed by the commission.15.1-16-04. Education factfinders - Compensation. Each factfinder appointed by theeducation factfinding commission, other than a commission member who serves as a factfinder,<br>is entitled to receive compensation at the rate of ninety dollars per day and reimbursement for<br>expenses, as provided by law for state officers, for attending commission meetings or performing<br>duties directed by the commission.Page No. 115.1-16-05.Education factfinding commission - Rules - Powers.The educationfactfinding commission may adopt rules. The commission and any factfinder appointed by the<br>commission have, in the performance of their duties, the powers provided in sections 28-32-33,<br>28-32-34, and 28-32-36.15.1-16-06. Factfinding - Sharing of cost. If an impasse is deemed to exist undersection 15.1-16-14, the contending parties shall share the cost of factfinding equally.15.1-16-07. Representative organizations - Participation.1.An individual employed as a teacher may form, join, and participate in the activities<br>of a representative organization of the individual's choosing for the purpose of<br>representation on matters of employer-employee relations.2.An individual employed as an administrator may form, join, and participate in the<br>activities of a representative organization of the individual's choosing for the purpose<br>of representation on matters of employer-employee relations.3.Any individual employed as a teacher or as an administrator may refuse to join or<br>participate in the activities of a representative organization.15.1-16-08. Representative organization - Negotiating unit - Right to negotiate. Arepresentative organization has the right to represent a negotiating unit in matters of employee<br>relations with the board of a school district. Any teacher or administrator has the right to present<br>the individual's views directly to the board.15.1-16-09.Scope of representation.A representative organization's scope ofrepresentation may include matters relating to the terms and conditions of employment and<br>employer-employee relations, including salary and working hours.15.1-16-10.Negotiating unit - Formation.A group of teachers or a group ofadministrators employed by the board of a public school district may form a negotiating unit by<br>filing with the board a description of the job groupings or positions that constitute the negotiating<br>unit. Upon receipt of the description, the board shall accept or reject the proposed negotiating<br>unit. If the board accepts the negotiating unit, the teachers or the administrators within the unit<br>may designate or select a representative organization as provided for in section 15.1-16-11.15.1-16-11. Representative organization - Selection.1.a.If an organization is interested in representing a group of teachers or a group of<br>administrators, the organization may file with the board of a school district a<br>petition asserting that the organization represents a majority of the teachers or<br>the administrators included within a negotiating unit.b.The petition must be accompanied by evidence substantiating the assertion<br>contained in it.c.Within ten days after receiving the petition, the board of the school district shall<br>post notice of its intent to consider the petition in each school wherein the<br>members of the negotiating unit are employed.d.No sooner than ten nor later than twenty days after posting the notice of intent<br>to consider the petition, the board shall investigate the petition, determine the<br>question of representation, and post notice of its determination in each school<br>wherein the members of the negotiating unit are employed.e.If the petition is not contested, the board shall recognize the petitioner as the<br>representative organization of the negotiating unit, unless it finds in good faith<br>that there is a reasonable doubt the representation exists.Page No. 22.If any organization has an interest in representing a group of teachers or a group of<br>administrators and wishes to contest the claim of representation made in the petition<br>under subsection 1, the contesting organization must file with the board of the school<br>district a petition containing a written statement of contest together with<br>substantiating evidence, within ten days from the date on which the board posted the<br>notice of intent to consider the original petition.3.If the board of a school district fails to make and post notice of its determination or if<br>the board's determination has been contested, the board shall call an election to<br>determine the question of representation not sooner than twenty nor later than thirty<br>days after the posting of the notice of intent to consider the original petition.4.If the board of a school district receives a petition that is signed by at least<br>twenty-five percent of the members of the negotiating unit and which calls for an<br>election to determine the question of representation, the board shall call the election.5.The election must be conducted in the manner agreed to by the interested parties. If<br>the interested parties cannot reach an agreement, the election must be conducted in<br>the manner determined by the education factfinding commission under its rules.6.Once a representative organization has been selected, its authority to represent the<br>negotiating unit continues for at least one year from the date of the selection.15.1-16-12. Representative organization - Payroll deduction - Dues. If an individualwho is employed as a teacher, and who is a member of a representative organization as defined<br>in this chapter, signs a petition requesting that dues for the representative organization be<br>deducted from the individual's regular paycheck, the board of the school district shall comply with<br>the petition. Nothing in this section may be interpreted to mean that the dues of a nonmember<br>must be deducted in that manner.15.1-16-13. Good-faith negotiations.1.The board of a school district or its representatives and the representative<br>organization or its representatives shall, if requested by either entity, meet at<br>reasonable times and negotiate in good faith regarding:a.The terms and conditions of employment.b.Employer-employee relations.c.Formation of a contract, which may contain a provision for binding arbitration.d.The interpretation of an existing contract.2.The board of a school district and the representative organization, at the request of<br>either party, shall execute a written contract incorporating any agreement reached.3.Either the board of a school district or the representative organization may modify or<br>terminate the contract on its annual anniversary date by giving notice of its desire to<br>modify or terminate the contract to the other party not less than sixty days before the<br>annual anniversary date.4.Nothing in this section compels either the board of a school district or a<br>representative organization to agree to a proposal or to make a concession.15.1-16-14. Impasse - Existence.1.An impasse exists if:Page No. 3a.After a reasonable period of negotiation, an agreement has not been<br>formulated and a dispute exists.b.The board of a school district and the representative organization both agree<br>that an impasse exists.2.An impasse may exist if:a.A written contract entered into between the board of a school district and the<br>representative organization under section 15.1-16-13 does not contain a<br>procedure for resolving a dispute.b.A written agreement entered into between the board of a school district and the<br>representative organization under section 15.1-16-13 contains an inadequate<br>procedure for resolving a dispute.15.1-16-15. Impasse - Resolution.1.If an impasse exists, the board of a school district and the representative<br>organization may agree to seek mediation.The board and the representativeorganization shall jointly select a mediator and agree to a distribution of the<br>mediation cost.If mediation fails or if mediation is not attempted, the board orrepresentative organization may request that the education factfinding commission<br>provide assistance.2.If the education factfinding commission is asked to provide assistance under<br>subsection 1 and if the commission determines that an impasse exists, the<br>commission shall act as a factfinding commission or appoint a factfinder from a list<br>of qualified individuals maintained by the commission. A factfinder appointed under<br>this section has the powers designated by the commission. Upon completion of all<br>duties, the factfinder shall make a recommendation to the commission.3.The education factfinding commission shall:a.Consider the facts, make its findings, and issue a recommendation; orb.Consider the report and recommendation of its factfinder and, after any further<br>investigation the commission elects to perform, make its findings and issue a<br>recommendation.4.Within forty days from the date the commission is asked to provide assistance, the<br>commission shall deliver its findings and recommendations to the board of the<br>school district and to the representative organization. No sooner than ten nor later<br>than twenty days after its findings and recommendations are delivered to the board<br>and the representative organization, the commission shall make its findings and<br>recommendation public if the impasse is not resolved.5.If facts are established or a recommendation made in accordance with factfinding<br>procedures agreed to by the board of the school district and the representative<br>organization and the impasse continues, the education factfinding commission may<br>consider the findings and recommendations without instituting its own factfinding<br>procedure and the commission may issue its own findings and recommendations<br>based on the information available. No sooner than ten nor later than twenty days<br>after these findings and recommendations are delivered to the board and the<br>representativeorganization,thecommissionshallmakeitsfindingsandrecommendations public if the impasse is not resolved.15.1-16-16.Participation in a strike - Prohibition.Teachers and administratorsemployed by school districts may not participate in a strike. The board of a school district mayPage No. 4withhold some or all the wages otherwise due a teacher or an administrator who elects to<br>participate in a strike in violation of this section.15.1-16-17. Discrimination - Prohibition. Neither the board of a school district nor anyadministrator employed by the district may discriminate against any individual employed as a<br>teacher or administrator because the individual exercises rights available under this chapter.15.1-16-18. Representative organization - Recognition - Withdrawal of recognition.A contract between the board of a school district and a representative organization bars another<br>representative group from petitioning for recognition and bars the withdrawal of recognition from<br>the representative organization for the duration of the contract or three years, whichever is less.15.1-16-19. Sick leave - Accumulation. The board of a school district shall allow ateacher to:1.Use at least ten days of sick leave each school year without a loss of compensation;<br>and2.Accumulate sick leave and carry over from year to year at least thirty days of<br>accumulated unused sick leave.15.1-16-20. North Dakota vision services - school for the blind - School for the deaf- Youth correctional center - Contracts of employment for teachers - Personnel policies.1.The superintendent of public instruction shall develop contracts of employment and<br>personnel policies applicable to each individual employed as a teacher at North<br>Dakota vision services - school for the blind and the school for the deaf. The director<br>of the division of juvenile services, with the approval of the director of the department<br>of corrections and rehabilitation, shall develop contracts of employment and<br>personnel policies applicable to each individual employed as a teacher at the North<br>Dakota youth correctional center.2.The contracts required by this section may include the assignment of duties,<br>salaries, work hours, job titles, and a school calendar.3.The personnel policies required by this section must include job descriptions and<br>nonrenewal, discipline, and dismissal procedures.The policies must seek toharmonize the rights of teachers with laws applicable to other state employees. The<br>superintendent of public instruction and the director of the division of juvenile<br>services, with the approval of the director of the department of corrections and<br>rehabilitation, shall work together in the development of the personnel policies.4.Each individual employed as a teacher at North Dakota vision services - school for<br>the blind, the school for the deaf, or the youth correctional center is entitled to<br>receive a copy of a master agreement consisting of a policy manual and an<br>individualized contract specifying the individual's job title, contracted hours, salary<br>schedule, benefits, and other details applicable to the individual's employment.5.For purposes of this section, &quot;teacher&quot; means a contracted state employee who:a.Holds a teaching license or is approved to teach by the education standards<br>and practices board;b.Is employed primarily to provide classroom instruction or individualized<br>instruction;c.Has a work schedule set in accordance with the school calendar;Page No. 5d.Is a guidance counselor, school librarian, itinerant outreach teacher, or a career<br>and technical resource person required to meet teaching and licensure<br>requirements; ande.Is not a superintendent, assistant superintendent, principal, supervisor,<br>substitute, or paraprofessional.15.1-16-21. Salary increase - Unfillable position.1.a.If, after the conclusion of a school calendar, the board of a school district has a<br>teaching position vacant and if the board, having done all things necessary and<br>proper, is unable to fill that position by the forty-fifth day prior to the start of the<br>district's school calendar with an individual who is highly qualified and who<br>meets reasonable criteria established by the board, the board shall notify the<br>superintendent of public instruction that:(1)A teaching position is vacant;(2)The board has done all things necessary and proper after learning of the<br>vacancy to find a suitable and highly qualified candidate; and(3)The board will be unable to meet the statutory requirements for school<br>approval if the position remains unfilled.b.Unless the superintendent of public instruction has reason to believe that the<br>information contained in the notice as provided in subdivision a is not accurate,<br>the superintendent shall authorize the board, notwithstanding the terms of any<br>agreement negotiated under this chapter, to increase the compensation offered<br>for that position to the extent deemed necessary by the board in order to attract<br>a suitable and highly qualified individual.The compensation paid to asuccessful applicant under this section may not be reduced in future years.2.a.If a teaching position becomes vacant during a school calendar or less than<br>forty-five days prior to the start of the school calendar, the board of a school<br>district shall do all things necessary and proper to ensure that the vacancy<br>causes only minimal disruption to the instruction of students and that the<br>position becomes filled as quickly as possible by a highly qualified individual<br>who meets the reasonable criteria established by the board.The board shallnotify the superintendent of public instruction that the vacancy exists and that<br>the board will be unable to meet the requirements for school approval if the<br>position remains unfilled.b.Upon receipt of the notice as provided in subdivision a, the superintendent of<br>public instruction shall contact the several education associations in this state<br>and ask that they assist the board of the school district in any way possible to<br>locate and employ an individual under the terms of the district's existing<br>negotiated agreement.Only when the superintendent determines that allreasonable efforts have been unsuccessful may the superintendent authorize<br>the board, notwithstanding the terms of any agreement negotiated under this<br>chapter, to offer the level of compensation it deems necessary in order to<br>attract a suitable and highly qualified individual for the duration of the school<br>calendar.3.If an individual resigns from a teaching position with a district, the individual may be<br>rehired by the board of that district to fill a vacancy, but the individual is not eligible to<br>receive a level of compensation greater than that provided for in the district's<br>negotiated agreement.Page No. 64.If an individual has taught in this state during the preceding twelve months, the<br>individual is not eligible to receive a level of compensation greater than that provided<br>for in the district's negotiated agreement.5.This section is applicable to contracts that are negotiated under this chapter and<br>which take effect after July 31, 2007.Page No. 7Document Outlinechapter 15.1-16 teacher representation and negotiation

State Codes and Statutes

Statutes > North-dakota > T151 > T151c16

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CHAPTER 15.1-16TEACHER REPRESENTATION AND NEGOTIATION15.1-16-01. Definitions. As used in this chapter:1.&quot;Administrator&quot; means an individual who is employed by the board of a public school<br>district primarily for administration of a school or schools of the district and who<br>devotes at least fifty percent of the individual's time in any one year to the duties of<br>administration of the school or schools of the district.2.&quot;Negotiating unit&quot; means:a.A group of administrators having common interests, common problems, a<br>common employer, or a history of common representation, which warrants that<br>group being represented by a single representative organization in negotiations<br>with the board of a school district; orb.A group of teachers having common interests, common problems, a common<br>employer, or a history of common representation, which warrants that group<br>being represented by a single representative organization in negotiations with<br>the board of a school district.3.&quot;Representative organization&quot; means an organization authorized by a negotiating<br>unit to represent the members of the unit in negotiations with a school board.4.&quot;Strike&quot; means any concerted work stoppage, slowdown, or withholding of<br>contracted services.5.&quot;Teacher&quot; means a public school employee licensed to teach by the education<br>standards and practices board or approved to teach by the education standards and<br>practices board and employed primarily as a classroom teacher.15.1-16-02. Education factfinding commission - Appointment - Terms - Quorum.1.The education factfinding commission consists of three members experienced in<br>educational activities. One member is appointed by the governor, one member is<br>appointed by the superintendent of public instruction, and one member is appointed<br>by the attorney general. The member appointed by the superintendent of public<br>instruction shall serve as the chairman of the commission.2.The term of each commission member is three years staggered.3.If a vacancy occurs, the individual who appointed the member to be succeeded shall<br>appoint a new member to serve only the unexpired term of the member to be<br>succeeded.4.Two members of the commission constitute a quorum.15.1-16-03. Education factfinding commission - Compensation. Each member ofthe commission is entitled to receive compensation at the rate of ninety dollars per day and<br>reimbursement for expenses, as provided by law for state officers, for attending commission<br>meetings or performing duties directed by the commission.15.1-16-04. Education factfinders - Compensation. Each factfinder appointed by theeducation factfinding commission, other than a commission member who serves as a factfinder,<br>is entitled to receive compensation at the rate of ninety dollars per day and reimbursement for<br>expenses, as provided by law for state officers, for attending commission meetings or performing<br>duties directed by the commission.Page No. 115.1-16-05.Education factfinding commission - Rules - Powers.The educationfactfinding commission may adopt rules. The commission and any factfinder appointed by the<br>commission have, in the performance of their duties, the powers provided in sections 28-32-33,<br>28-32-34, and 28-32-36.15.1-16-06. Factfinding - Sharing of cost. If an impasse is deemed to exist undersection 15.1-16-14, the contending parties shall share the cost of factfinding equally.15.1-16-07. Representative organizations - Participation.1.An individual employed as a teacher may form, join, and participate in the activities<br>of a representative organization of the individual's choosing for the purpose of<br>representation on matters of employer-employee relations.2.An individual employed as an administrator may form, join, and participate in the<br>activities of a representative organization of the individual's choosing for the purpose<br>of representation on matters of employer-employee relations.3.Any individual employed as a teacher or as an administrator may refuse to join or<br>participate in the activities of a representative organization.15.1-16-08. Representative organization - Negotiating unit - Right to negotiate. Arepresentative organization has the right to represent a negotiating unit in matters of employee<br>relations with the board of a school district. Any teacher or administrator has the right to present<br>the individual's views directly to the board.15.1-16-09.Scope of representation.A representative organization's scope ofrepresentation may include matters relating to the terms and conditions of employment and<br>employer-employee relations, including salary and working hours.15.1-16-10.Negotiating unit - Formation.A group of teachers or a group ofadministrators employed by the board of a public school district may form a negotiating unit by<br>filing with the board a description of the job groupings or positions that constitute the negotiating<br>unit. Upon receipt of the description, the board shall accept or reject the proposed negotiating<br>unit. If the board accepts the negotiating unit, the teachers or the administrators within the unit<br>may designate or select a representative organization as provided for in section 15.1-16-11.15.1-16-11. Representative organization - Selection.1.a.If an organization is interested in representing a group of teachers or a group of<br>administrators, the organization may file with the board of a school district a<br>petition asserting that the organization represents a majority of the teachers or<br>the administrators included within a negotiating unit.b.The petition must be accompanied by evidence substantiating the assertion<br>contained in it.c.Within ten days after receiving the petition, the board of the school district shall<br>post notice of its intent to consider the petition in each school wherein the<br>members of the negotiating unit are employed.d.No sooner than ten nor later than twenty days after posting the notice of intent<br>to consider the petition, the board shall investigate the petition, determine the<br>question of representation, and post notice of its determination in each school<br>wherein the members of the negotiating unit are employed.e.If the petition is not contested, the board shall recognize the petitioner as the<br>representative organization of the negotiating unit, unless it finds in good faith<br>that there is a reasonable doubt the representation exists.Page No. 22.If any organization has an interest in representing a group of teachers or a group of<br>administrators and wishes to contest the claim of representation made in the petition<br>under subsection 1, the contesting organization must file with the board of the school<br>district a petition containing a written statement of contest together with<br>substantiating evidence, within ten days from the date on which the board posted the<br>notice of intent to consider the original petition.3.If the board of a school district fails to make and post notice of its determination or if<br>the board's determination has been contested, the board shall call an election to<br>determine the question of representation not sooner than twenty nor later than thirty<br>days after the posting of the notice of intent to consider the original petition.4.If the board of a school district receives a petition that is signed by at least<br>twenty-five percent of the members of the negotiating unit and which calls for an<br>election to determine the question of representation, the board shall call the election.5.The election must be conducted in the manner agreed to by the interested parties. If<br>the interested parties cannot reach an agreement, the election must be conducted in<br>the manner determined by the education factfinding commission under its rules.6.Once a representative organization has been selected, its authority to represent the<br>negotiating unit continues for at least one year from the date of the selection.15.1-16-12. Representative organization - Payroll deduction - Dues. If an individualwho is employed as a teacher, and who is a member of a representative organization as defined<br>in this chapter, signs a petition requesting that dues for the representative organization be<br>deducted from the individual's regular paycheck, the board of the school district shall comply with<br>the petition. Nothing in this section may be interpreted to mean that the dues of a nonmember<br>must be deducted in that manner.15.1-16-13. Good-faith negotiations.1.The board of a school district or its representatives and the representative<br>organization or its representatives shall, if requested by either entity, meet at<br>reasonable times and negotiate in good faith regarding:a.The terms and conditions of employment.b.Employer-employee relations.c.Formation of a contract, which may contain a provision for binding arbitration.d.The interpretation of an existing contract.2.The board of a school district and the representative organization, at the request of<br>either party, shall execute a written contract incorporating any agreement reached.3.Either the board of a school district or the representative organization may modify or<br>terminate the contract on its annual anniversary date by giving notice of its desire to<br>modify or terminate the contract to the other party not less than sixty days before the<br>annual anniversary date.4.Nothing in this section compels either the board of a school district or a<br>representative organization to agree to a proposal or to make a concession.15.1-16-14. Impasse - Existence.1.An impasse exists if:Page No. 3a.After a reasonable period of negotiation, an agreement has not been<br>formulated and a dispute exists.b.The board of a school district and the representative organization both agree<br>that an impasse exists.2.An impasse may exist if:a.A written contract entered into between the board of a school district and the<br>representative organization under section 15.1-16-13 does not contain a<br>procedure for resolving a dispute.b.A written agreement entered into between the board of a school district and the<br>representative organization under section 15.1-16-13 contains an inadequate<br>procedure for resolving a dispute.15.1-16-15. Impasse - Resolution.1.If an impasse exists, the board of a school district and the representative<br>organization may agree to seek mediation.The board and the representativeorganization shall jointly select a mediator and agree to a distribution of the<br>mediation cost.If mediation fails or if mediation is not attempted, the board orrepresentative organization may request that the education factfinding commission<br>provide assistance.2.If the education factfinding commission is asked to provide assistance under<br>subsection 1 and if the commission determines that an impasse exists, the<br>commission shall act as a factfinding commission or appoint a factfinder from a list<br>of qualified individuals maintained by the commission. A factfinder appointed under<br>this section has the powers designated by the commission. Upon completion of all<br>duties, the factfinder shall make a recommendation to the commission.3.The education factfinding commission shall:a.Consider the facts, make its findings, and issue a recommendation; orb.Consider the report and recommendation of its factfinder and, after any further<br>investigation the commission elects to perform, make its findings and issue a<br>recommendation.4.Within forty days from the date the commission is asked to provide assistance, the<br>commission shall deliver its findings and recommendations to the board of the<br>school district and to the representative organization. No sooner than ten nor later<br>than twenty days after its findings and recommendations are delivered to the board<br>and the representative organization, the commission shall make its findings and<br>recommendation public if the impasse is not resolved.5.If facts are established or a recommendation made in accordance with factfinding<br>procedures agreed to by the board of the school district and the representative<br>organization and the impasse continues, the education factfinding commission may<br>consider the findings and recommendations without instituting its own factfinding<br>procedure and the commission may issue its own findings and recommendations<br>based on the information available. No sooner than ten nor later than twenty days<br>after these findings and recommendations are delivered to the board and the<br>representativeorganization,thecommissionshallmakeitsfindingsandrecommendations public if the impasse is not resolved.15.1-16-16.Participation in a strike - Prohibition.Teachers and administratorsemployed by school districts may not participate in a strike. The board of a school district mayPage No. 4withhold some or all the wages otherwise due a teacher or an administrator who elects to<br>participate in a strike in violation of this section.15.1-16-17. Discrimination - Prohibition. Neither the board of a school district nor anyadministrator employed by the district may discriminate against any individual employed as a<br>teacher or administrator because the individual exercises rights available under this chapter.15.1-16-18. Representative organization - Recognition - Withdrawal of recognition.A contract between the board of a school district and a representative organization bars another<br>representative group from petitioning for recognition and bars the withdrawal of recognition from<br>the representative organization for the duration of the contract or three years, whichever is less.15.1-16-19. Sick leave - Accumulation. The board of a school district shall allow ateacher to:1.Use at least ten days of sick leave each school year without a loss of compensation;<br>and2.Accumulate sick leave and carry over from year to year at least thirty days of<br>accumulated unused sick leave.15.1-16-20. North Dakota vision services - school for the blind - School for the deaf- Youth correctional center - Contracts of employment for teachers - Personnel policies.1.The superintendent of public instruction shall develop contracts of employment and<br>personnel policies applicable to each individual employed as a teacher at North<br>Dakota vision services - school for the blind and the school for the deaf. The director<br>of the division of juvenile services, with the approval of the director of the department<br>of corrections and rehabilitation, shall develop contracts of employment and<br>personnel policies applicable to each individual employed as a teacher at the North<br>Dakota youth correctional center.2.The contracts required by this section may include the assignment of duties,<br>salaries, work hours, job titles, and a school calendar.3.The personnel policies required by this section must include job descriptions and<br>nonrenewal, discipline, and dismissal procedures.The policies must seek toharmonize the rights of teachers with laws applicable to other state employees. The<br>superintendent of public instruction and the director of the division of juvenile<br>services, with the approval of the director of the department of corrections and<br>rehabilitation, shall work together in the development of the personnel policies.4.Each individual employed as a teacher at North Dakota vision services - school for<br>the blind, the school for the deaf, or the youth correctional center is entitled to<br>receive a copy of a master agreement consisting of a policy manual and an<br>individualized contract specifying the individual's job title, contracted hours, salary<br>schedule, benefits, and other details applicable to the individual's employment.5.For purposes of this section, &quot;teacher&quot; means a contracted state employee who:a.Holds a teaching license or is approved to teach by the education standards<br>and practices board;b.Is employed primarily to provide classroom instruction or individualized<br>instruction;c.Has a work schedule set in accordance with the school calendar;Page No. 5d.Is a guidance counselor, school librarian, itinerant outreach teacher, or a career<br>and technical resource person required to meet teaching and licensure<br>requirements; ande.Is not a superintendent, assistant superintendent, principal, supervisor,<br>substitute, or paraprofessional.15.1-16-21. Salary increase - Unfillable position.1.a.If, after the conclusion of a school calendar, the board of a school district has a<br>teaching position vacant and if the board, having done all things necessary and<br>proper, is unable to fill that position by the forty-fifth day prior to the start of the<br>district's school calendar with an individual who is highly qualified and who<br>meets reasonable criteria established by the board, the board shall notify the<br>superintendent of public instruction that:(1)A teaching position is vacant;(2)The board has done all things necessary and proper after learning of the<br>vacancy to find a suitable and highly qualified candidate; and(3)The board will be unable to meet the statutory requirements for school<br>approval if the position remains unfilled.b.Unless the superintendent of public instruction has reason to believe that the<br>information contained in the notice as provided in subdivision a is not accurate,<br>the superintendent shall authorize the board, notwithstanding the terms of any<br>agreement negotiated under this chapter, to increase the compensation offered<br>for that position to the extent deemed necessary by the board in order to attract<br>a suitable and highly qualified individual.The compensation paid to asuccessful applicant under this section may not be reduced in future years.2.a.If a teaching position becomes vacant during a school calendar or less than<br>forty-five days prior to the start of the school calendar, the board of a school<br>district shall do all things necessary and proper to ensure that the vacancy<br>causes only minimal disruption to the instruction of students and that the<br>position becomes filled as quickly as possible by a highly qualified individual<br>who meets the reasonable criteria established by the board.The board shallnotify the superintendent of public instruction that the vacancy exists and that<br>the board will be unable to meet the requirements for school approval if the<br>position remains unfilled.b.Upon receipt of the notice as provided in subdivision a, the superintendent of<br>public instruction shall contact the several education associations in this state<br>and ask that they assist the board of the school district in any way possible to<br>locate and employ an individual under the terms of the district's existing<br>negotiated agreement.Only when the superintendent determines that allreasonable efforts have been unsuccessful may the superintendent authorize<br>the board, notwithstanding the terms of any agreement negotiated under this<br>chapter, to offer the level of compensation it deems necessary in order to<br>attract a suitable and highly qualified individual for the duration of the school<br>calendar.3.If an individual resigns from a teaching position with a district, the individual may be<br>rehired by the board of that district to fill a vacancy, but the individual is not eligible to<br>receive a level of compensation greater than that provided for in the district's<br>negotiated agreement.Page No. 64.If an individual has taught in this state during the preceding twelve months, the<br>individual is not eligible to receive a level of compensation greater than that provided<br>for in the district's negotiated agreement.5.This section is applicable to contracts that are negotiated under this chapter and<br>which take effect after July 31, 2007.Page No. 7Document Outlinechapter 15.1-16 teacher representation and negotiation

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State Codes and Statutes

Statutes > North-dakota > T151 > T151c16

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CHAPTER 15.1-16TEACHER REPRESENTATION AND NEGOTIATION15.1-16-01. Definitions. As used in this chapter:1.&quot;Administrator&quot; means an individual who is employed by the board of a public school<br>district primarily for administration of a school or schools of the district and who<br>devotes at least fifty percent of the individual's time in any one year to the duties of<br>administration of the school or schools of the district.2.&quot;Negotiating unit&quot; means:a.A group of administrators having common interests, common problems, a<br>common employer, or a history of common representation, which warrants that<br>group being represented by a single representative organization in negotiations<br>with the board of a school district; orb.A group of teachers having common interests, common problems, a common<br>employer, or a history of common representation, which warrants that group<br>being represented by a single representative organization in negotiations with<br>the board of a school district.3.&quot;Representative organization&quot; means an organization authorized by a negotiating<br>unit to represent the members of the unit in negotiations with a school board.4.&quot;Strike&quot; means any concerted work stoppage, slowdown, or withholding of<br>contracted services.5.&quot;Teacher&quot; means a public school employee licensed to teach by the education<br>standards and practices board or approved to teach by the education standards and<br>practices board and employed primarily as a classroom teacher.15.1-16-02. Education factfinding commission - Appointment - Terms - Quorum.1.The education factfinding commission consists of three members experienced in<br>educational activities. One member is appointed by the governor, one member is<br>appointed by the superintendent of public instruction, and one member is appointed<br>by the attorney general. The member appointed by the superintendent of public<br>instruction shall serve as the chairman of the commission.2.The term of each commission member is three years staggered.3.If a vacancy occurs, the individual who appointed the member to be succeeded shall<br>appoint a new member to serve only the unexpired term of the member to be<br>succeeded.4.Two members of the commission constitute a quorum.15.1-16-03. Education factfinding commission - Compensation. Each member ofthe commission is entitled to receive compensation at the rate of ninety dollars per day and<br>reimbursement for expenses, as provided by law for state officers, for attending commission<br>meetings or performing duties directed by the commission.15.1-16-04. Education factfinders - Compensation. Each factfinder appointed by theeducation factfinding commission, other than a commission member who serves as a factfinder,<br>is entitled to receive compensation at the rate of ninety dollars per day and reimbursement for<br>expenses, as provided by law for state officers, for attending commission meetings or performing<br>duties directed by the commission.Page No. 115.1-16-05.Education factfinding commission - Rules - Powers.The educationfactfinding commission may adopt rules. The commission and any factfinder appointed by the<br>commission have, in the performance of their duties, the powers provided in sections 28-32-33,<br>28-32-34, and 28-32-36.15.1-16-06. Factfinding - Sharing of cost. If an impasse is deemed to exist undersection 15.1-16-14, the contending parties shall share the cost of factfinding equally.15.1-16-07. Representative organizations - Participation.1.An individual employed as a teacher may form, join, and participate in the activities<br>of a representative organization of the individual's choosing for the purpose of<br>representation on matters of employer-employee relations.2.An individual employed as an administrator may form, join, and participate in the<br>activities of a representative organization of the individual's choosing for the purpose<br>of representation on matters of employer-employee relations.3.Any individual employed as a teacher or as an administrator may refuse to join or<br>participate in the activities of a representative organization.15.1-16-08. Representative organization - Negotiating unit - Right to negotiate. Arepresentative organization has the right to represent a negotiating unit in matters of employee<br>relations with the board of a school district. Any teacher or administrator has the right to present<br>the individual's views directly to the board.15.1-16-09.Scope of representation.A representative organization's scope ofrepresentation may include matters relating to the terms and conditions of employment and<br>employer-employee relations, including salary and working hours.15.1-16-10.Negotiating unit - Formation.A group of teachers or a group ofadministrators employed by the board of a public school district may form a negotiating unit by<br>filing with the board a description of the job groupings or positions that constitute the negotiating<br>unit. Upon receipt of the description, the board shall accept or reject the proposed negotiating<br>unit. If the board accepts the negotiating unit, the teachers or the administrators within the unit<br>may designate or select a representative organization as provided for in section 15.1-16-11.15.1-16-11. Representative organization - Selection.1.a.If an organization is interested in representing a group of teachers or a group of<br>administrators, the organization may file with the board of a school district a<br>petition asserting that the organization represents a majority of the teachers or<br>the administrators included within a negotiating unit.b.The petition must be accompanied by evidence substantiating the assertion<br>contained in it.c.Within ten days after receiving the petition, the board of the school district shall<br>post notice of its intent to consider the petition in each school wherein the<br>members of the negotiating unit are employed.d.No sooner than ten nor later than twenty days after posting the notice of intent<br>to consider the petition, the board shall investigate the petition, determine the<br>question of representation, and post notice of its determination in each school<br>wherein the members of the negotiating unit are employed.e.If the petition is not contested, the board shall recognize the petitioner as the<br>representative organization of the negotiating unit, unless it finds in good faith<br>that there is a reasonable doubt the representation exists.Page No. 22.If any organization has an interest in representing a group of teachers or a group of<br>administrators and wishes to contest the claim of representation made in the petition<br>under subsection 1, the contesting organization must file with the board of the school<br>district a petition containing a written statement of contest together with<br>substantiating evidence, within ten days from the date on which the board posted the<br>notice of intent to consider the original petition.3.If the board of a school district fails to make and post notice of its determination or if<br>the board's determination has been contested, the board shall call an election to<br>determine the question of representation not sooner than twenty nor later than thirty<br>days after the posting of the notice of intent to consider the original petition.4.If the board of a school district receives a petition that is signed by at least<br>twenty-five percent of the members of the negotiating unit and which calls for an<br>election to determine the question of representation, the board shall call the election.5.The election must be conducted in the manner agreed to by the interested parties. If<br>the interested parties cannot reach an agreement, the election must be conducted in<br>the manner determined by the education factfinding commission under its rules.6.Once a representative organization has been selected, its authority to represent the<br>negotiating unit continues for at least one year from the date of the selection.15.1-16-12. Representative organization - Payroll deduction - Dues. If an individualwho is employed as a teacher, and who is a member of a representative organization as defined<br>in this chapter, signs a petition requesting that dues for the representative organization be<br>deducted from the individual's regular paycheck, the board of the school district shall comply with<br>the petition. Nothing in this section may be interpreted to mean that the dues of a nonmember<br>must be deducted in that manner.15.1-16-13. Good-faith negotiations.1.The board of a school district or its representatives and the representative<br>organization or its representatives shall, if requested by either entity, meet at<br>reasonable times and negotiate in good faith regarding:a.The terms and conditions of employment.b.Employer-employee relations.c.Formation of a contract, which may contain a provision for binding arbitration.d.The interpretation of an existing contract.2.The board of a school district and the representative organization, at the request of<br>either party, shall execute a written contract incorporating any agreement reached.3.Either the board of a school district or the representative organization may modify or<br>terminate the contract on its annual anniversary date by giving notice of its desire to<br>modify or terminate the contract to the other party not less than sixty days before the<br>annual anniversary date.4.Nothing in this section compels either the board of a school district or a<br>representative organization to agree to a proposal or to make a concession.15.1-16-14. Impasse - Existence.1.An impasse exists if:Page No. 3a.After a reasonable period of negotiation, an agreement has not been<br>formulated and a dispute exists.b.The board of a school district and the representative organization both agree<br>that an impasse exists.2.An impasse may exist if:a.A written contract entered into between the board of a school district and the<br>representative organization under section 15.1-16-13 does not contain a<br>procedure for resolving a dispute.b.A written agreement entered into between the board of a school district and the<br>representative organization under section 15.1-16-13 contains an inadequate<br>procedure for resolving a dispute.15.1-16-15. Impasse - Resolution.1.If an impasse exists, the board of a school district and the representative<br>organization may agree to seek mediation.The board and the representativeorganization shall jointly select a mediator and agree to a distribution of the<br>mediation cost.If mediation fails or if mediation is not attempted, the board orrepresentative organization may request that the education factfinding commission<br>provide assistance.2.If the education factfinding commission is asked to provide assistance under<br>subsection 1 and if the commission determines that an impasse exists, the<br>commission shall act as a factfinding commission or appoint a factfinder from a list<br>of qualified individuals maintained by the commission. A factfinder appointed under<br>this section has the powers designated by the commission. Upon completion of all<br>duties, the factfinder shall make a recommendation to the commission.3.The education factfinding commission shall:a.Consider the facts, make its findings, and issue a recommendation; orb.Consider the report and recommendation of its factfinder and, after any further<br>investigation the commission elects to perform, make its findings and issue a<br>recommendation.4.Within forty days from the date the commission is asked to provide assistance, the<br>commission shall deliver its findings and recommendations to the board of the<br>school district and to the representative organization. No sooner than ten nor later<br>than twenty days after its findings and recommendations are delivered to the board<br>and the representative organization, the commission shall make its findings and<br>recommendation public if the impasse is not resolved.5.If facts are established or a recommendation made in accordance with factfinding<br>procedures agreed to by the board of the school district and the representative<br>organization and the impasse continues, the education factfinding commission may<br>consider the findings and recommendations without instituting its own factfinding<br>procedure and the commission may issue its own findings and recommendations<br>based on the information available. No sooner than ten nor later than twenty days<br>after these findings and recommendations are delivered to the board and the<br>representativeorganization,thecommissionshallmakeitsfindingsandrecommendations public if the impasse is not resolved.15.1-16-16.Participation in a strike - Prohibition.Teachers and administratorsemployed by school districts may not participate in a strike. The board of a school district mayPage No. 4withhold some or all the wages otherwise due a teacher or an administrator who elects to<br>participate in a strike in violation of this section.15.1-16-17. Discrimination - Prohibition. Neither the board of a school district nor anyadministrator employed by the district may discriminate against any individual employed as a<br>teacher or administrator because the individual exercises rights available under this chapter.15.1-16-18. Representative organization - Recognition - Withdrawal of recognition.A contract between the board of a school district and a representative organization bars another<br>representative group from petitioning for recognition and bars the withdrawal of recognition from<br>the representative organization for the duration of the contract or three years, whichever is less.15.1-16-19. Sick leave - Accumulation. The board of a school district shall allow ateacher to:1.Use at least ten days of sick leave each school year without a loss of compensation;<br>and2.Accumulate sick leave and carry over from year to year at least thirty days of<br>accumulated unused sick leave.15.1-16-20. North Dakota vision services - school for the blind - School for the deaf- Youth correctional center - Contracts of employment for teachers - Personnel policies.1.The superintendent of public instruction shall develop contracts of employment and<br>personnel policies applicable to each individual employed as a teacher at North<br>Dakota vision services - school for the blind and the school for the deaf. The director<br>of the division of juvenile services, with the approval of the director of the department<br>of corrections and rehabilitation, shall develop contracts of employment and<br>personnel policies applicable to each individual employed as a teacher at the North<br>Dakota youth correctional center.2.The contracts required by this section may include the assignment of duties,<br>salaries, work hours, job titles, and a school calendar.3.The personnel policies required by this section must include job descriptions and<br>nonrenewal, discipline, and dismissal procedures.The policies must seek toharmonize the rights of teachers with laws applicable to other state employees. The<br>superintendent of public instruction and the director of the division of juvenile<br>services, with the approval of the director of the department of corrections and<br>rehabilitation, shall work together in the development of the personnel policies.4.Each individual employed as a teacher at North Dakota vision services - school for<br>the blind, the school for the deaf, or the youth correctional center is entitled to<br>receive a copy of a master agreement consisting of a policy manual and an<br>individualized contract specifying the individual's job title, contracted hours, salary<br>schedule, benefits, and other details applicable to the individual's employment.5.For purposes of this section, &quot;teacher&quot; means a contracted state employee who:a.Holds a teaching license or is approved to teach by the education standards<br>and practices board;b.Is employed primarily to provide classroom instruction or individualized<br>instruction;c.Has a work schedule set in accordance with the school calendar;Page No. 5d.Is a guidance counselor, school librarian, itinerant outreach teacher, or a career<br>and technical resource person required to meet teaching and licensure<br>requirements; ande.Is not a superintendent, assistant superintendent, principal, supervisor,<br>substitute, or paraprofessional.15.1-16-21. Salary increase - Unfillable position.1.a.If, after the conclusion of a school calendar, the board of a school district has a<br>teaching position vacant and if the board, having done all things necessary and<br>proper, is unable to fill that position by the forty-fifth day prior to the start of the<br>district's school calendar with an individual who is highly qualified and who<br>meets reasonable criteria established by the board, the board shall notify the<br>superintendent of public instruction that:(1)A teaching position is vacant;(2)The board has done all things necessary and proper after learning of the<br>vacancy to find a suitable and highly qualified candidate; and(3)The board will be unable to meet the statutory requirements for school<br>approval if the position remains unfilled.b.Unless the superintendent of public instruction has reason to believe that the<br>information contained in the notice as provided in subdivision a is not accurate,<br>the superintendent shall authorize the board, notwithstanding the terms of any<br>agreement negotiated under this chapter, to increase the compensation offered<br>for that position to the extent deemed necessary by the board in order to attract<br>a suitable and highly qualified individual.The compensation paid to asuccessful applicant under this section may not be reduced in future years.2.a.If a teaching position becomes vacant during a school calendar or less than<br>forty-five days prior to the start of the school calendar, the board of a school<br>district shall do all things necessary and proper to ensure that the vacancy<br>causes only minimal disruption to the instruction of students and that the<br>position becomes filled as quickly as possible by a highly qualified individual<br>who meets the reasonable criteria established by the board.The board shallnotify the superintendent of public instruction that the vacancy exists and that<br>the board will be unable to meet the requirements for school approval if the<br>position remains unfilled.b.Upon receipt of the notice as provided in subdivision a, the superintendent of<br>public instruction shall contact the several education associations in this state<br>and ask that they assist the board of the school district in any way possible to<br>locate and employ an individual under the terms of the district's existing<br>negotiated agreement.Only when the superintendent determines that allreasonable efforts have been unsuccessful may the superintendent authorize<br>the board, notwithstanding the terms of any agreement negotiated under this<br>chapter, to offer the level of compensation it deems necessary in order to<br>attract a suitable and highly qualified individual for the duration of the school<br>calendar.3.If an individual resigns from a teaching position with a district, the individual may be<br>rehired by the board of that district to fill a vacancy, but the individual is not eligible to<br>receive a level of compensation greater than that provided for in the district's<br>negotiated agreement.Page No. 64.If an individual has taught in this state during the preceding twelve months, the<br>individual is not eligible to receive a level of compensation greater than that provided<br>for in the district's negotiated agreement.5.This section is applicable to contracts that are negotiated under this chapter and<br>which take effect after July 31, 2007.Page No. 7Document Outlinechapter 15.1-16 teacher representation and negotiation

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