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