In 1995, the Indiana General Assembly outlawed fair share/representation fees by teacher unions. This blatant attack on teacher unions imposed government sanctions where none existed before.
The Indiana teacher collective bargaining statute was silent on the issue of fair share/representation fees. Fair Share / Representation Fee was not a mandatory subject of bargaining under Indiana Law. Negotiations on fair share/representation fees were totally discretionary at the local level. It meant that if local school boards didn't want to negotiate with teachers on this issue they didn't have to.
Teacher contracts, which contained fair share/representation fee provisions, contained those provisions because the local school boards agreed to negotiate those provisions. They were not mandated to do so. It was their choice. And, these local school boards ratified agreements that contained these provisions.
Teacher fair share/representation fee is a perfect example of local control. It allows the local school corporation to determine whether it wishes to engage in bargaining on this issue or not. By passing statutory language that outlaws fair share/representation fees, the Indiana General Assembly curtailed local control. They imposed restrictions on school corporations - denying the local boards' rights to make decisions based on local preferences and choices.
In 2000, lets correct the wrong done in 1995. Lets restore the teacher collective bargaining statute, allowing local school boards and teacher unions to decide on the issue of fair share/representation fees. |
