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Budget Brief: Changes to Qualified Economic Offer law Background The quality of school staff is enhanced when the staff is part of decision-making on issues like benefit options and salary structure. A provision in the state budget modifying the Qualified Economic Offer (QEO) law has generated a great deal of misinformation in recent weeks. Newspapers have run editorials calling on the governor to veto the proposal, based on this misinformation. Critics of the budget modifications, led by the Wisconsin Association of School Boards, claim the changes will destroy the state's system of funding public schools and make it impossible for school districts to bargain contracts with employees. The QEO changes, however, merely provide some clarity and protections to an inherently unfair law that amounts to a cap on teacher salaries. The QEO provisions in the budget do not change the way contracts are bargained; nor do they change the content of those agreements. The proposed changes seek to ensure that conditions negotiated by both parties in good faith are not unilaterally erased. QEO Changes in Budget Promote Fairness at Bargaining Table: New QEO Component: Maintenance of All Conditions of Employment. In order for a school district's offer to be deemed "qualified," require the employer to maintain all conditions of employment as those conditions existed 90 days prior to the expiration of any previous collective bargaining agreement between the employer and its represented teaching employees or 90 days prior to the commencement of negotiations, if there was no previous collective bargaining agreement. New QEO Component: Maintenance of Any Provisions Relating to Permissive Subjects of Bargaining. In order for a school district's offer to be deemed "qualified," require the employer to maintain any provisions relating to permissive subjects of bargaining that existed in the previous collective bargaining agreement between the employer and its represented teaching employees, or that existed 90 days prior to the expiration of any previous collective bargaining agreement between the parties in any written agreement by the parties. Binding Arbitration Authorized if Employer's Offer is not "Qualified." Specify that if an investigator from the Employment Relations Commission determines, as part of an investigation into whether a bargaining impasse exists between the parties, that the employer has not submitted a timely and accurate QEO, either the labor organization representing the school district professional employees or the school district employer would be authorized to petition for compulsory, final and binding arbitration, and the current law QEO provisions whereby an employer could avoid such arbitration procedures would not apply. Require the Commission to prescribe by rule the methodology to be used to determine whether or not a proposal submitted by a school district constitutes a timely QEO. Initial Applicability of QEO Changes. Provide that these provisions would first apply to petitions for arbitration filed by school district employers or their represented teaching employees after the general effective date of the biennial budget act. Partial Veto Requested By WEAC WEAC has asked for a partial veto of the effective date language in the state budget relating to the new QEO changes. Contrary to what is being said by the Wisconsin Association of School Boards, the legislation will only protect the provisions the union previously obtained in bargaining and prevent unilateral changed on mandatory subjects not in the contract. The QEO modifications contained in the budget do not create any new obligations for school districts. They only require that districts maintain the status quo on existing contract provisions and then if, and only if, the district seeks to impose a QEO. Finally, the "effective date" language is not necessary for the purposes of having a timely bona fide QEO as set forth in the budget since those statutory amendments cannot be imposed until the WERC adopts its administrative rules. Therefore, WEAC has asked that the governor veto the initial applicability language related to the QEO changes in the budget. Talking Points: The QEO provisions in the budget are minor changes to a law that singles out teachers for unfair restrictions. No other public employees are subject to these salary caps, which have inflicted serious damage upon teachers, the teaching profession and public education in general. The QEO law eliminated true collective bargaining for teachers; it has resulted in teacher salaries falling behind the rate of inflation and per-capita income increases; and it is threatening Wisconsin's great schools. Every kid deserves a great school, but the QEO law and others are making it increasingly difficult for school districts to place children in classrooms that work and to ensure that all schools have great teachers and staff. WEAC supports the full repeal of the QEO law. Short of repealing the QEO law, these proposed changes should be approved as a way to restore fairness to the local bargaining relationship. The QEO changes will maintain conditions of employment, protect permissive subjects of bargaining and require the WERC to define a timely and accurate QEO. Permissive subjects in bargaining are quality of work environment issues and are not economic "pocket-book" issues and should be protected. For More Information: Please feel free to contact Bob Burke, WEAC Legislative Program Coordinator, with any questions about this budget brief. Bob can be reached at 1-800-362-8034 ext. 254 or by e-mail at burkeb@weac.org. Posted August 9, 2001

Budget Brief: Changes to Qualified Economic Offer law

Background

The quality of school staff is enhanced when the staff is part of decision-making on issues like benefit options and salary structure. A provision in the state budget modifying the Qualified Economic Offer (QEO) law has generated a great deal of misinformation in recent weeks. Newspapers have run editorials calling on the governor to veto the proposal, based on this misinformation.

Critics of the budget modifications, led by the Wisconsin Association of School Boards, claim the changes will destroy the state's system of funding public schools and make it impossible for school districts to bargain contracts with employees. The QEO changes, however, merely provide some clarity and protections to an inherently unfair law that amounts to a cap on teacher salaries.

The QEO provisions in the budget do not change the way contracts are bargained; nor do they change the content of those agreements. The proposed changes seek to ensure that conditions negotiated by both parties in good faith are not unilaterally erased.

QEO Changes in Budget Promote Fairness at Bargaining Table:

New QEO Component: Maintenance of All Conditions of Employment. In order for a school district's offer to be deemed "qualified," require the employer to maintain all conditions of employment as those conditions existed 90 days prior to the expiration of any previous collective bargaining agreement between the employer and its represented teaching employees or 90 days prior to the commencement of negotiations, if there was no previous collective bargaining agreement.
New QEO Component: Maintenance of Any Provisions Relating to Permissive Subjects of Bargaining. In order for a school district's offer to be deemed "qualified," require the employer to maintain any provisions relating to permissive subjects of bargaining that existed in the previous collective bargaining agreement between the employer and its represented teaching employees, or that existed 90 days prior to the expiration of any previous collective bargaining agreement between the parties in any written agreement by the parties.
Binding Arbitration Authorized if Employer's Offer is not "Qualified." Specify that if an investigator from the Employment Relations Commission determines, as part of an investigation into whether a bargaining impasse exists between the parties, that the employer has not submitted a timely and accurate QEO, either the labor organization representing the school district professional employees or the school district employer would be authorized to petition for compulsory, final and binding arbitration, and the current law QEO provisions whereby an employer could avoid such arbitration procedures would not apply. Require the Commission to prescribe by rule the methodology to be used to determine whether or not a proposal submitted by a school district constitutes a timely QEO.
Initial Applicability of QEO Changes. Provide that these provisions would first apply to petitions for arbitration filed by school district employers or their represented teaching employees after the general effective date of the biennial budget act.

Partial Veto Requested By WEAC

WEAC has asked for a partial veto of the effective date language in the state budget relating to the new QEO changes. Contrary to what is being said by the Wisconsin Association of School Boards, the legislation will only protect the provisions the union previously obtained in bargaining and prevent unilateral changed on mandatory subjects not in the contract. The QEO modifications contained in the budget do not create any new obligations for school districts. They only require that districts maintain the status quo on existing contract provisions and then if, and only if, the district seeks to impose a QEO. Finally, the "effective date" language is not necessary for the purposes of having a timely bona fide QEO as set forth in the budget since those statutory amendments cannot be imposed until the WERC adopts its administrative rules. Therefore, WEAC has asked that the governor veto the initial applicability language related to the QEO changes in the budget.

Talking Points:

The QEO provisions in the budget are minor changes to a law that singles out teachers for unfair restrictions. No other public employees are subject to these salary caps, which have inflicted serious damage upon teachers, the teaching profession and public education in general. The QEO law eliminated true collective bargaining for teachers; it has resulted in teacher salaries falling behind the rate of inflation and per-capita income increases; and it is threatening Wisconsin's great schools.

Every kid deserves a great school, but the QEO law and others are making it increasingly difficult for school districts to place children in classrooms that work and to ensure that all schools have great teachers and staff.

WEAC supports the full repeal of the QEO law. Short of repealing the QEO law, these proposed changes should be approved as a way to restore fairness to the local bargaining relationship. The QEO changes will maintain conditions of employment, protect permissive subjects of bargaining and require the WERC to define a timely and accurate QEO. Permissive subjects in bargaining are quality of work environment issues and are not economic "pocket-book" issues and should be protected.

For More Information:

Please feel free to contact Bob Burke, WEAC Legislative Program Coordinator, with any questions about this budget brief. Bob can be reached at 1-800-362-8034 ext. 254 or by e-mail at burkeb@weac.org.

Posted August 9, 2001