Collective Bargaining Laws

updated January 2019

There is no federal law providing public sector employees the right to bargain collectively. Instead, each state regulates the rights of both public and private sector employees to unionize and bargain collectively, whether through state law passed by the legislature or through decisions handed down by the judicial system. Not only do states define the obligation of districts to bargain, but they also decide what issues can be negotiated.

Use the map below to explore collective bargaining laws in each state.

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Legality of collective bargaining

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Alabama: Legality of collective bargaining
Case Law:
Walker County Bd. of Educ. v. Walker County Educ. Ass'n, 431 So.2d 948, 953 (Ala. 1983).
"In 1964, in IUOE, this court enunciated its decision with regard to public agencies and collective bargaining. At that time it appeared from the cases and from the current trend of public opinion that collective bargaining by public agencies should be prohibited absent express statutory authority. That continues to be the rule of the majority of jurisdictions and in Alabama, supported by well reasoned cases..."

Attorney General Opinion: Ala. Op. Atty. Gen. No. 87-00144

"Generally public employers may not enter into binding collective bargaining agreements with union members but nothing prohibits these two from meeting and conferring on matters of mutual concern."

Alaska: Legality of collective bargaining
Statute: Alaska Stat. Ann. § 23.40.070
"The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by (1) recognizing the right of public employees to organize for the purpose of collective bargaining; (2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment..."

Case Law: Peninsula Borough School Dist. v. Kenai Peninsula Borough School Dist. Classified Ass'n, 590 P.2d 437,440 (Alaska 1979).
"We thus find the conclusion inescapable that the right of the District's non-certificated employees to 'select representatives of their own choosing for collective bargaining,' be they from local or national organizations, 'without restraint or coercion by their employer,' is grounded firmly in the first amendment."

Arizona: Legality of collective bargaining
Attorney General Opinion: Ariz. Att'y Gen. Op. I06-004
"The opinion's use of the term "meet and confer" accords with the definition expressed in City of Phoenix v. Phoenix Employment Relations Board, 145 Ariz. 92, 94-95, 699 P.2d 1323, 1325-26 (App. 1985). The term "meet and confer" in the realm of public employment denotes a process by which public employer and the authorized employee representative meet and confer in good faith with respect to certain topics, which may include wages, hours, and other terms of employment. Id. at 94, 699 P.2d at 1325. Although a memorandum of understanding may result from the process, no binding agreement may be the product of such negotiation; final decision-making authority is necessarily reserved to the public employer. Id. at 95, 699 P.2d at 1326."

Arkansas: Legality of collective bargaining
Statute: Ark. Code Ann. § 11-3-301
"Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment 34."

California: Legality of collective bargaining
Statute: Cal. Gov't Code § 3544
" An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and negotiating by filing a request with a public school employer alleging that a majority of the employees in an appropriate unit wish to be represented by such organization and asking the public school employer to recognize it as the exclusive representative."

Colorado: Legality of collective bargaining
Case Law: Littleton Educ. Ass'n v. Arapahoe County Sch. Dist., No. 6, 191 Colo. 411, 553 P.2d 793 (1976)
School boards have the authority to enter into collective bargaining agreements with representatives of their employees provided that the agreements do not conflict with existing laws governing the conduct of the state school system.

Statute: Colo. Rev. Stat. Ann.§8-3-106
"In accordance with the provisions of this article, employees have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Each employee also has the right to refrain from any of such activities. The rights of each employee are essential rights, and nothing contained in this article shall be so construed as to infringe upon or have any operation against or in conflict with such rights."

Connecticut: Legality of collective bargaining
Statute: Conn. Gen. Stat. Ann.§10-153d(b)
"The local or regional board of education...shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate."

Delaware: Legality of collective bargaining
Statute: Del. Code. Ann. tit.14 § 4004(a).
"The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in the unit for such purpose and shall have the duty to represent all unit employees without discrimination."

District of Columbia: Legality of collective bargaining
Statute: D.C. Code. § 1-617.01(c)
"The Mayor or appropriate personnel authority, including his or her or its duly designated representative(s), shall meet at reasonable times with exclusive representative(s) of bargaining unit employees to bargain collectively in good faith."

Florida: Legality of collective bargaining
Statute: Fla. Stat. Ann. § 447.309 (1)
"After an employee organization has been certified ...the bargaining agent for the organization and the chief executive officer of the appropriate public employer or employees jointly, shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit."

Georgia: Legality of collective bargaining
Statute: Ga. Code Ann. § 20-2-989.10
"Nothing in this part shall be construed to permit or foster collective bargaining as part of the state rules or local unit of administration policies."

Hawaii: Legality of collective bargaining
Statute: Haw. Rev. Stat. § 89-9(a)
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, the amounts of contribution by the state and respective counties to Hawaii employer-union health benefits trust fund... and other terms and conditions of employment that are subject to collective bargaining and that are to be embodied in a written agreement ..."

Idaho: Legality of collective bargaining
Statute: Idaho Code Ann. § 33-1271
"The board of trustees of each school district, including specially chartered districts, or the designated representative(s) of such district, is hereby empowered to and shall, upon its own initiative or upon the request of a local education organization representing a majority of the professional employees, enter into a negotiation agreement with the local education organization or the designated representative(s) of such organization."

Illinois: Legality of collective bargaining
Statute: 115 Il. Comp. Stat. Ann. 5/1
"Recognizing that harmonious relationships are required between educational employees and their employers, the General Assembly has determined that the overall policy may best be accomplished by... (b) requiring educational employers to negotiate and bargain with employee organizations representing educational employees and to enter into written agreements evidencing the result of such bargaining..."

Indiana: Legality of collective bargaining
Statute: IC 20-29-6-1
"School employers and school employees shall: (1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter; (2) have the right and obligation to discuss any item set forth in section 7 of this chapter; and (3) enter into a contract embodying any of the matters listed in section 4 of this chapter on which they have bargained collectively."

Iowa: Legality of collective bargaining
Statute: Iowa Code Ann § 20.9(1)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Legality of collective bargaining
Statute: Kansas Statutes: §72-2228
"...when such an organization is recognized, the board of education and the professional employees' organization shall enter into professional negotiations on request of either party at any time during the school year prior to issuance or renewal of the annual teachers' contracts."

Kentucky: Legality of collective bargaining
KRS 336.130
Employees may, free from restraint or coercion by the employers or their agents, associate collectively for self-organization and designate collectively representatives of their own choosing to negotiate the terms and conditions of their employment to effectively promote their own rights and general welfare.

Case Law: Fayette County Educ. Ass'n v. Hardy 626 S.W.2d 217, 219 (Ky. App. 1980).
"...a public agency may elect to negotiate with a representative of its employees, although it has no duty to do so."

Louisiana: Legality of collective bargaining
Statute: La. Rev. Stat. Ann § 23:822

"... it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."

Case Law: Louisiana Teachers' Ass'n v. Orleans Parish School Bd., 303 So.2d 564, 567 (La. App. 1974)."We hold that a school board, incidental to its statutory duties above enumerated, has the power and authority to collectively bargain with an agent selected by the employees, if the Board determines in its discretion that implementation of collective bargaining will more effectively and efficiently accomplish its objects and purposes."

Maine: Legality of collective bargaining
Statute: Me. Rev. Stat. Ann. tit. 26 § 26-965 (1)
"...it is the obligation of the public employer and the bargaining agent to bargain collectively."

Maryland: Legality of collective bargaining
Statute: Md. Code Ann., Educ:§6-402(a)
"Public school employees may for, join, and participate in the activities of employee organizations of their own choice for the purpose of being represented on all matters that relate to salaries, wages, hours, and other working conditions."

Massachusetts: Legality of collective bargaining
Statute: Mass. Gen. Laws ch. 150E §6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment..."

Michigan: Legality of collective bargaining
Statute: Mich. Comp. Laws §423.215(1)
"A public employer shall bargain collectively with representatives of its employees....to bargain collectively is to perform the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment..."

Minnesota: Legality of collective bargaining
Statute: Minn. Stat. § 179A.06(5)
"Public employees, through their certified exclusive representative, have the right and obligation to meet and negotiate in good faith with their employer regarding grievance procedures and the terms and conditions of employment, but this obligation does not compel the exclusive representative to agree to a proposal or require the making of a concession."

Mississippi: Legality of collective bargaining
Case Law: Jackson v. Hazlehurst Mun. Separate School Dist., 427 So.2d 134, 137 (Miss. 1983).
Teachers have a constitutional right to join unions, which can be designated as collective bargaining representatives for school districts.

Missouri: Legality of collective bargaining
Mo. Rev. Stat. 105.53

Montana: Legality of collective bargaining
Statute: Mont. Code. Ann. §39-31-305 (1)
"The public employer and the exclusive representative, through appropriate officials or their representatives, have the authority and the duty to bargain collectively."

Nebraska: Legality of collective bargaining
Statute: Neb. Rev. Stat. § 48-816 (1)(a)
"The commission shall require good faith bargaining concerning the terms and conditions of employment..."

Nevada: Legality of collective bargaining
Statute: Nev. Rev. Stat. Ann. § 288.150(1)
"...every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining..."

New Hampshire: Legality of collective bargaining
Statute: N.H. Rev. Stat. Ann. § 273-A:3
"It is the obligation of the public employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith... but the obligation to negotiate in good faith shall not compel either party to agree to a proposal or to make a concession."

New Jersey: Legality of collective bargaining
Statute: N.J. Stat. Ann. § 34:13A-5.3
"In addition, the majority representative and designated representatives of the public employer shall meet at reasonable times and negotiate in good faith with respect to grievances, disciplinary disputes, and other terms and conditions of employment."

New Mexico: Legality of collective bargaining
Statute: N.M. Stat. Ann. § 10-7E-2
"The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers..."

New York: Legality of collective bargaining
Statute: N.Y. Civ. Serv. § 204(2)
"...the appropriate public employer shall be, and hereby is, required to negotiate collectively with such employee organization in the determination of, and administration of grievances arising under, the terms and conditions of employment of the public employees as provided in this article, and to negotiate and enter into written agreements with such employee organizations in determining such terms and conditions of employment."

North Carolina: Legality of collective bargaining
Statute: N.C. Gen. Stat. Ann. § 95-98
"Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect."

North Dakota: Legality of collective bargaining
Statute: N.D. Cent. Code §15.1-16-13(1)
"The board of a school district or its representatives and the representative organization or its representatives shall, if requested by either entity, meet at 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."

Ohio: Legality of collective bargaining
Statute: Ohio Rev. Code Ann. § 4117.03(A)(4)
"Public employees have the right to... bargain collectively with their public employers to determine hours, terms and other conditions of employment and the continuation,modification, or deletion of an existing provision of a collective bargaining agreement, and enter into collective bargaining agreements..."

Oklahoma: Legality of collective bargaining
Statute: Okla. Stat. Ann. tit. 70, § 509.6
"The board of education and the representatives of the organization must negotiate in good faith on wages, hours, fringe benefits and other terms and conditions of employment."

Oregon: Legality of collective bargaining
Statute: Or. Rev. Stat. Ann. § 243.650(4)
"Collective bargaining means the performance of the mutual obligation of a public employer and the representatives of its employees to meet at reasonable times and confer in good faith with respect to employment relations for purpose of negotiations concerning mandatory subjects of bargaining..."

Pennsylvania: Legality of collective bargaining
Statute: 43 Pa. Stat. Ann. § 1101.701
"Collective bargaining is the performance of the mutual obligation of the public employer and the representative of the public employes to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder and the execution of a written contract incorporating any agreement reached but such obligation does not compel either party to agree to a proposal or require the making of a concession."

Rhode Island: Legality of collective bargaining
Statute: R.I. Gen. Laws Ann. § 28-9.3-4
"It shall be the obligation of the school committee to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt of written notice from the agent of the request for a meeting for negotiating or collective bargaining purposes."

South Carolina: Legality of collective bargaining
Case Law: Branch v. City of Myrtle Beach, 532 S.E.2d 289, 292 (S.C. 2000).
"Unlike private employees, public employees in South Carolina do not have the right to
collective bargaining."

South Dakota: Legality of collective bargaining
Statute: S.D. Codified Laws § 3-18-2
"The negotiations by the governmental agency or its designated representatives and the employee organization or its designated representatives shall be conducted in good faith."

Tennessee: Legality of collective bargaining
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (a)
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section."

Texas: Legality of collective bargaining
Statute: Tex. Gov't Code Ann. § 617.002 (a)
"An official of the state or of a political subdivision of the state may not enter into a collective bargaining contract with a labor organization regarding wages, hours, or conditions of employment of public employees."

Utah: Legality of collective bargaining
Statute: Utah Code Ann. § 34-34-16
"Nothing in this chapter shall be construed to deny the right of employees to bargain collectively with their employer by and through labor unions, labor organizations or any other type of associations."

Vermont: Legality of collective bargaining
Statute: Vt. Stat. Ann. tit. 16, § 2001
"The negotiations councils of the school board and of the recognized teachers' or administrators' organization shall meet together at reasonable times, upon request of either party, and shall negotiate in good faith on all matters properly before them under the provisions of this chapter."

Virginia: Legality of collective bargaining
Statute: Va. Code Ann. § 40.1-57.2
"No state, county, municipal, or like governmental officer, agent or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service."

Case Law: Com. v. County Bd. of Arlington County, 217 Va. 558, 232 S.E.2d 30 (1977)
"...neither county board nor county school board could recognize labor organization as exclusive representative of group of public employees and negotiate and enter into binding contracts with organization concerning terms and conditions of employment of employees."

Washington: Legality of collective bargaining
Statute: Wash. Rev. Code Ann. § 41.59.060 (1)
"Employees shall have the right to self-organization, to form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing..."

West Virginia: Legality of collective bargaining
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees regarding... any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Case Law: City of Fairmont v. Retail, Wholesale, & Dept. Store Union, AFL-CIO, 283 S.E.2d 589, 598 (W. Va. 1980).
"Reputable courts have clearly recognized that public employees, as a class, have a constitutionally protected right under the First Amendment to the United States Constitution, as do other first class citizens, to associate with others in a labor organization whose purpose is to attempt to negotiate terms and conditions of employment with their employer."

Wisconsin: Legality of collective bargaining
Statute: Wis. Stat. Ann. § 111.70 (1)(a)
"(1)(a) 'Collective bargaining' means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement....with respect to wages for general municipal employees..."

Wyoming: Legality of collective bargaining
Statute: Wyo. Stat. Ann. § 21-3-111
"(a) The board of trustees in each school district within the state may... (iii) Enter into agreements with any public or private agency, institution, person, or corporation for the performance of acts or furnishing of services or facilities by or for the school district."

1978 Wyo. Op. Att'y Gen. 157 (1978) "Accordingly, W.S. 21-3-111(a)(iii) empowers the school board to enter into a collective bargaining agreement with its employees if it chooses to do so. It may therefore recognize a labor organization as the exclusive bargaining agent for purposes of representing certain classes of employees in negotiating wages and other terms and conditions of employment, but it need not do so."

State has case law
(Judicial opinions that interpret statutory law)

State requires collective bargaining if a majority of teachers vote for union representation

Collective bargaining is permissible, but districts are not obligated to engage in bargaining

Collective bargaining is explicitly illegal

Other

Alabama: Collective bargaining addressed in state law and/or administrative code
Statute: Ala. Code § 16-1-30 (b)
"Before adopting the written policies, the board shall, directly or indirectly through the chief executive officer, consult with the applicable local employees' professional organization."

Case Law: Walker County Bd. of Educ. v. Walker County Educ. Ass'n, 431 So. 2d 948, 954 (Ala. 1983).
"[State law] only obligates the Board to meet and consult with those persons set out in the statute; it does not obligate the Board to reach any agreement, accept any proposals or negotiate any matter if it does not wish to do so. In fact, the Board was free to reject the proposals submitted to it by the WCEA committee for any reason or for no reason, without committing an unfair labor practice or subjecting itself to any sanction. However, once the Board adopts a policy pursuant to statutory mandate the same remains in full force and effect to the extent it does not violate Alabama law until modified or amended by the Board in accord with the procedure set forth in [state law]."

Alaska: Collective bargaining addressed in state law and/or administrative code
Statute: Alaska Stat. Ann. §§ 23.40.070-23.40.260
Public Employment Relations Act

Arizona: Collective bargaining addressed in state law and/or administrative code
Attorney General Opinion: :Ariz. Op. Atty. Gen. No. I87-001
"Although public employers in Arizona may not engage in binding collective bargaining, they may agree to 'meet and confer' with individual employees or a representative of a group of employees."
http://azmemory.azlibrary.gov/cdm/singleitem/collection/agopinions/id/8771/rec/11

Attorney General Opinion: Ariz. Att’y Gen. Op. I06-004
"Absent a statutory provision allowing for collective bargaining, a county cannot create an ordinance for anything beyond the scope of meeting and conferring with employee representatives for the purpose of obtaining information and advice in order to make ultimately unilateral decisions (citing Ariz. Att’y Gen. Op. 74-11 at 6).

Arkansas: Collective bargaining addressed in state law and/or administrative code
Statute: Ark. Code Ann. § 11-3-301
"Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment 34."

California: Collective bargaining addressed in state law and/or administrative code
Statute: Cal. Gov't Code §§ 3540 -3549.1

Colorado: Collective bargaining addressed in state law and/or administrative code
Statute: Colo. Rev. Stat. Ann. §§8-2-101-§8-2-123
Labor Peace Act

Connecticut: Collective bargaining addressed in state law and/or administrative code
Statute:Conn. Gen. Stat. Ann. §10-153a-n
Teacher Negotiation Act

Delaware: Collective bargaining addressed in state law and/or administrative code
Statute: Del. Code. Ann. tit.14 §§4001-4019
Public School Employment Relations Act

District of Columbia: Collective bargaining addressed in state law and/or administrative code
Statute: D.C. Code. §§ 1-617.01-18

Florida: Collective bargaining addressed in state law and/or administrative code
Statute: Fla. Stat. §§ 447.201-609
Public Employees Act

Georgia: Collective bargaining addressed in state law and/or administrative code
Statute: Ga. Code Ann. § 20-2-989.10
"Nothing in this part shall be construed to permit or foster collective bargaining as part of the state rules or local unit of administration policies."

Hawaii: Collective bargaining addressed in state law and/or administrative code
Statute: Haw. Rev. Stat. §§ 89-1-89-23
Collective Bargaining in Public Employment

Idaho: Collective bargaining addressed in state law and/or administrative code
Statute: Idaho Code Ann. §§ 33-1271 - 33-1276
Professional Negotiations Act

Illinois: Collective bargaining addressed in state law and/or administrative code
Statute: 115 Il. Comp. Stat. Ann. 5/1-5/21
Illinois Educational Labor Relations Act

Indiana: Collective bargaining addressed in state law and/or administrative code
Statute: Indiana Code. Ann. § 20-29-2-1 to 20-29-9-5
Collective Bargaining For Teachers

Iowa: Collective bargaining addressed in state law and/or administrative code
Statute: Iowa Code Ann. § § 20.1- 20.31
Public Employment Relations (Collective Bargaining) Act

Kansas: Collective bargaining addressed in state law and/or administrative code
Statute: Kan. Stat. Ann. § 72-2219
"Professional employees shall have the right to form, join or assist professional employees' organizations, to participate in professional negotiation with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service. Professional employees shall also have the right to refrain from any or all of the foregoing activities."

Kentucky: Collective bargaining addressed in state law and/or administrative code
KRS 336.130
Employees may, free from restraint or coercion by the employers or their agents, associate collectively for self-organization and designate collectively representatives of their own choosing to negotiate the terms and conditions of their employment to effectively promote their own rights and general welfare.

Louisiana: Collective bargaining addressed in state law and/or administrative code
Statute: La. Rev. Stat. Ann § 23:822

"... it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Maine: Collective bargaining addressed in state law and/or administrative code
Statute: Me. Rev. Stat. Ann. tit. 26 § 961 - 26-974
Municipal Public Employees Labor Relations Law

Maryland: Collective bargaining addressed in state law and/or administrative code
Statute: Md. Code Ann., Educ:§§ 6-401-411
Organizations of Certificated Employees

Massachusetts: Collective bargaining addressed in state law and/or administrative code
Statute: Mass. Gen. Laws ch. 150E §§1-15
Public Employees Bargaining Act

Michigan: Collective bargaining addressed in state law and/or administrative code
Statute: Mich. Comp. Laws §§423.201 217
Public Employment Relations Act

Minnesota: Collective bargaining addressed in state law and/or administrative code
Statute: Minn. Stat. § 179A
Public Employment Labor Relations Act

Missouri: Collective bargaining addressed in state law and/or administrative code
Statute: Mo. Rev. Stat. §§ 105.500-105.598

Montana: Collective bargaining addressed in state law and/or administrative code
Statute: Mont. Code. Ann. §§ 39-31-101 - 39-31-409
Public Employees Collective Bargaining Act

Nebraska: Collective bargaining addressed in state law and/or administrative code
Statute: Neb. Rev. Stat. §§48-801 - 48-842
Industrial Relations Act

Nevada: Collective bargaining addressed in state law and/or administrative code
Statute: Nev. Rev. Stat. Ann. §§ 288.010-288.280

New Hampshire: Collective bargaining addressed in state law and/or administrative code
Statute: N.H. Rev. Stat. Ann. § 273-A
Public Employee Labor Relations Act

New Jersey: Collective bargaining addressed in state law and/or administrative code
Statute: N.J. Stat. Ann. §§ 34:13A-1 - 34-13A-39
New Jersey Employer-Employee Relations Act

New Mexico: Collective bargaining addressed in state law and/or administrative code
Statute: N.M. Stat. Ann. §§ 10-7E-1- 10-7E-26
Public Employee Bargaining Act

New York: Collective bargaining addressed in state law and/or administrative code
Statute: NY CIV SERV Ch. 7, Art. 14
Public Employees' Fair Employment Act

North Carolina: Collective bargaining addressed in state law and/or administrative code
Statute: N.C. Gen. Stat. Ann. § 95-98
Contracts Between Units of Government and Labor Unions, Trade Unions or Labor Organizations Concerning Public Employees Declared to be Illegal

North Dakota: Collective bargaining addressed in state law and/or administrative code
Statute: N.D. Cent. Code §§?15.1–16–01-15.1–16–21
Teachers' Representation and Negotiations Act

Ohio: Collective bargaining addressed in state law and/or administrative code
Statute: Ohio. Rev. Code. Ann., Ch. 4117
Public Employees Collective Bargaining Act

Oklahoma: Collective bargaining addressed in state law and/or administrative code
Statute: OK ST T. 70, D. III, Ch. 7
Negotiation Between School Employees and Districts Act

Oregon: Collective bargaining addressed in state law and/or administrative code
Statute: Or. Rev. Stat. Ann. §§ 243.650 -243.782
Public Employmee Collective Bargaining Act

Pennsylvania: Collective bargaining addressed in state law and/or administrative code
Statute: ST T. 43 P.S., Ch. 19
Public Employee Relations Act

Rhode Island: Collective bargaining addressed in state law and/or administrative code
Statute: R.I. Gen. Laws Ann. § 28-9.3-1 - § 28-9.3-16
Certified School Teachers' Arbitration Act

South Dakota: Collective bargaining addressed in state law and/or administrative code
Statute: S.D. Codified Laws Title. 3, Ch. 3-18
Public Employees' Unions Act

Tennessee: Collective bargaining addressed in state law and/or administrative code
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann: Title 49, Chpt. 5, Part 6
Professional Educators Collaborative Conferencing Act of 2011

Texas: Collective bargaining addressed in state law and/or administrative code
Statute: Tex. Gov't Code Ann. Ch. 617

Utah: Collective bargaining addressed in state law and/or administrative code
Statute: Utah Code Ann. § 34-34-16
"Nothing in this chapter shall be construed to deny the right of employees to bargain collectively with their employer by and through labor unions, labor organizations or any other type of associations."

Vermont: Collective bargaining addressed in state law and/or administrative code
Statute: Vt. Stat. Ann. tit. 16, ch. 57
Labor Relations for Teachers Act

Virginia: Collective bargaining addressed in state law and/or administrative code
Statute: Va. Code Ann. § 40.1-57.2
Prohibition Against Collective Bargaining

Washington: Collective bargaining addressed in state law and/or administrative code
Statute: Wash. Rev. Code Ann. T. 41, Ch. 41.59
Educational Employment Relations Act

West Virginia: Collective bargaining addressed in state law and/or administrative code
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees regarding... any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Wisconsin: Collective bargaining addressed in state law and/or administrative code
Statute: Wis. Stat. Ann. § 111.70
Municipal Employment Relations Act

Wyoming: Collective bargaining addressed in state law and/or administrative code
Statute: Wyo. Stat. Ann. § 21-3-111
"(a) The board of trustees in each school district within the state may... (iii) Enter into agreements with any public or private agency, institution, person, or corporation for the performance of acts or furnishing of services or facilities by or for the school district."

State has case law
(Judicial opinions that interpret statutory law)

Yes

No

Alabama: Legal to strike
Hosp. Bd. v. Retail, Wholesale, & Dept. Store Union, AFL-CIO, 313 So. 2d 514, 516 (1975).
"Public strikes are illegal and public lockouts are improper, if not illegal."

Attorney General Opinion: Ala. Op. Atty. Gen. No. 2000-199
Participation in unions may not include striking.

Alaska: Legal to strike
Statute: Alaska Stat. Ann. § 23.40.200(c)
"Employees in this class may engage in a strike after mediation, subject to the voting requirement of (d) of this section, for a limited time. The limit is determined by the interests of the health, safety, or welfare of the public."

Arizona: Legal to strike
AG Opinion: 1980 Ariz. Op. Att'y Gen. 34 (1980)
"... public school teachers do not have the right to strike."

Arkansas: Legal to strike
Case Law: Potts v. Hay,318 S.W.2d 826, 827 (1958).
"As the Connecticut court pointed out, after a thorough review of the cases, every judicial decision on the subject holds that there is no right to strike against the government."

California: Legal to strike
Case Law: Modesto City Schools, PERB decision 291 (1983). http://www.perb.ca.gov/decisionbank/pdfs/291E.pdf
"We conclude that the strike engaged in by the Association was provoked by the District, and that the Association had participated in the collective bargaining process in good faith. We, therefore, hold that the strike by the Association was not in violation of EERA by was protected conduct."

Colorado: Legal to strike
Case Law: Martin v. Montezuma-Cortez School Dist. RE-1, 841 P.2d 237 (Colo., 1992).
Teachers have a qualified right to strike under the Colorado Industrial Relations Act.


AG Opinion: Co. Att'y Gen. Op. No. 07-06 (Nov. 29, 2007)
"State employees have a qualified, statutory right to strike."

Connecticut: Legal to strike
Statute: Conn. Gen. Stat. Ann. §10-153e(a)
"No certified professional employee shall ... engage in any strike or refusal to render services."

Delaware: Legal to strike
Statute: Del. Code. Ann. tit.14 § 4016(a)
"No public school employee shall strike while in performance of that public school employee's official duties."

District of Columbia: Legal to strike
Statute: D.C. Code. § 1-617.05
"It shall be unlawful for any District government employee or labor organization to participate in, authorize, or ratify a strike against the District."

Florida: Legal to strike
Statute: Fla. Stat. Ann. : 31 § 447.505
"No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike.

Statute: Florida State Constitution: Art. I, §6
"...Public employees shall not have the right to strike."

Georgia: Legal to strike
Statute: Ga. Code Ann. § 45-19-2
"No public employee shall promote, encourage, or participate in any strike..."

Hawaii: Legal to strike
Statute:Statute: Haw. Rev. Stat. § 89-12(a)-(b)
"It shall be unlawful for any employee to participate in a strike if the employee: (1) Is not included in the appropriate bargaining unit involved in an impasse; or (2) Is included in the appropriate bargaining unit involved in an impasse that has been referred to arbitration for a decision. (b) It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike under the following conditions: (1) The requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith; (2) The proceedings for the prevention of any prohibited practices have been exhausted; (3) The collective bargaining agreement and any extension of the agreement has expired; and (4) The exclusive representative has given a ten-day notice of intent to strike, together with a statement of its position on all remaining issues in dispute, to the employer and the board."

Idaho: Legal to strike
Case Law: Oneida Sch. District No. 351 v. Oneida Educ. Ass'n, 567 P. 2d. 830, 833-35 (Idaho 1977).
Public school teachers have no constitutional or common law or other right to strike, and any teacher strike may be enjoined.

Illinois: Legal to strike
Statute:115 Il. Comp. Stat. Ann. 5/13
"...educational employees other... shall not engage in a strike except under the following conditions: (1) they are represented by an exclusive bargaining representative;(2) mediation has been used without success and, if an impasse has been declared... at least 14 days have elapsed after the mediator has made public the final offers; (2.5) if fact-finding was invoked..., at least 30 days have elapsed after a fact-finding report has been released for public information; (2.10) ...at least three-fourths of all bargaining unit employees who are members of the exclusive bargaining representative have affirmatively voted to authorize the strike... (3) at least 10 days have elapsed after a notice of intent to strike has been given by the exclusive bargaining representative to the educational employer, the regional superintendent and the Illinois Educational Labor Relations Board; (4) the collective bargaining agreement between the educational employer and educational employees, if any, has expired or been terminated; and (5) the employer and the exclusive bargaining representative have not mutually submitted the unresolved issues to arbitration."

Indiana: Legal to strike
Statute: Ind. Code Ann. § 20-29-9-1
"It is unlawful for: (1) a school employee; (2) a school employee organization; or (3) an affiliate including state and national affiliates, of a school employee organization; to take part in or assist in a strike against a school employer or school corporation."

Iowa: Legal to strike
Statute: Iowa State Code: 20.12 (1)
"It shall be unlawful for any public employee or any employee organization, directly or indirectly, to induce, instigate, encourage, authorize, ratify or participate in a strike against any public employer."

Kansas: Legal to strike
Statute: Kan. Stat. Ann. § 72-2235(c)(5)
"It shall be a prohibited practice for professional employees or professional employees' organizations or their designated representatives willfully to: (5) authorize, instigate, aid or engage in a strike or in picketing of any facility under the jurisdiction and control of the board of education."

Kentucky: Legal to strike
Case Law: Jefferson County Teachers Ass'n v. Board of Education of Jefferson County, 463 S.W.2d 627, 628 (Ky. App. 1970).
"Under the common law it is recognized that public employees do not have the right to strike or to engage in concerted work stoppages."

KRS 336.130
Employees, collectively and individually, may strike, engage in peaceful picketing, and assemble
collectively for peaceful purposes, except that no public employee, collectively or individually, may engage in a strike or a work stoppage.

Louisiana: Legal to strike
Case Law: Davis v. Henry, 555 So.2d 457, 459 (La. 1990).
"The right to engaged in peaceful picketing, work stoppage and other concerted activities.... is applicable to public school employees."

Maine: Legal to strike
Statute:Me. Rev. Stat. Ann. tit. 26 § 964 (2)(C)(3)
"...public employees, public employee organizations, their agents, members and bargaining agents are prohibited from...engaging in... a strike..."


Case Law: Sanford Highway Unit of Local 481, AFSCME Council No. 74 v. Sanford, 411 A.2d 1010 (Me. 1980)
Board decision upheld that ordered reinstatement without backpay of employees who had engaged in an illegal strike after the town had engaged in prohibited practices.

Maryland: Legal to strike
Statute: Md. Code Ann., Educ:§ 6-410(a)
"An employee organization may not call or direct a strike."

Massachusetts: Legal to strike
Statute: Mass. Gen. Laws ch. 150E §9A(a)
"No public employee or employee organization shall engage in a strike, and no public employee or organization shall induce, encourage or condone any strike..."

Michigan: Legal to strike
Statute: Mich. Comp. Laws § 423.202
"A public employee shall not strike and a public school employer shall not institute a lockout."

Minnesota: Legal to strike
Statute: Minn. Stat. § 179A.18(2)
"...teachers employed by a local school district... may strike only under the following circumstances:(1)(i) the collective bargaining agreement between their exclusive representative and their employer has expired or, if there is no agreement, impasse under section 179A.17, subdivision 1, has occurred; and (ii) the exclusive representative and the employer have participated in mediation over a period of at least 30 days."

Mississippi: Legal to strike
Statute: Miss. Code. Ann. §37-9-75(2)
"It is hereby declared that a strike, concerted work stoppage or concerted refusal to perform lawful duties in any manner by certified teachers against public school districts within the state of Mississippi shall be illegal, unprotected and contrary to the public policy of the State of Mississippi."

Missouri: Legal to strike
Statute: Mo. Rev. Stat. 105.585
"Every labor agreement shall expressly prohibit all strikes and picketing of any kind."

Montana: Legal to strike
Case Law: State By and Through Dept. of Highways v. Public Emp. Craft Council of Montana, 529 P.2d 785,788 (Mont. 1974).
Public employees have the right to strike unless specifically limited by legislation.

Nebraska: Legal to strike
Statute: Neb. Rev. Stat. § 48-802(2)
"No right shall exist in any natural or corporate person or group of persons to hinder, delay, limit, or suspend the continuity or efficiency of any governmental service or governmental services is a proprietary capacity of this state, either by strike, lockout or other means."

Nevada: Legal to strike
Statute: Nev. Rev. Stat. Ann. § 288.230 (c)(2)
"The Legislature therefore declares it to be the public policy of the State of Nevada that strikes against the State or any local government employer are illegal."

New Hampshire: Legal to strike
Statute: N.H. Rev. Stat. Ann. § 273-A:13
"Strikes and other forms of job action by public employees are hereby declared to be unlawful."

New Jersey: Legal to strike
Case Law: Board of Ed., Borough of Union Beach v. New Jersey Ed. Ass'n, 247 A.2d 867, 871 (N.J. 1968).
School employees do not have the right to strike.

New Mexico: Legal to strike
Statute: N.M. Stat. Ann. § 10-7E-21(A)
"A public employee or labor organization shall not engage in a strike. A labor organization shall not cause, instigate, encourage or support a public employee strike. A public employer shall not cause, instigate or engage in a public employee lockout."

New York: Legal to strike
Statute: N.Y. Civ. Serv. § 210(1)
"No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall cause, instigate, encourage, or condone a strike."

North Carolina: Legal to strike
Statute: N.C. Gen. Stat. Ann. § 95-98.1
"Strikes by public employees are hereby declared illegal and against the public policy of this State."

North Dakota: Legal to strike
Statute: N.D. Cent. Code § 15.1-16-16
"Teachers and administrators employed by school districts may not participate in a strike."

Ohio: Legal to strike
Statute: Ohio Rev. Code Ann. § 4117.14
"The parties shall continue in full force and effect all the terms and conditions of any existing collective bargaining agreement, without resort to strike or lock-out, for a period of sixty days after the party gives notice or until the expiration date of the collective bargaining agreement, whichever occurs later, or for a period of ninety days where applicable."

Oklahoma: Legal to strike
Statute: Okla. Stat. Ann. tit. 70, § 509.8
"It shall be illegal for the organization to strike or threaten to strike as a means of resolving differences with the board of education."

Oregon: Legal to strike
Statute: Or. Rev. Stat. Ann. § 243.726(2)
"It shall be lawful for a public employee who is not prohibited from striking under subsection (1) of this section and who is in the appropriate bargaining unit involved in a labor dispute to participate in a strike over mandatory subjects of bargaining..."

Pennsylvania: Legal to strike
Statute: 43 Pa. Stat. Ann. § 1101.1003
"If a strike by public employes occurs after the collective bargaining processes set forth in sections 801 and 802 of Article VIII of this act have been completely utilized and exhausted, it shall not be prohibited unless or until such a strike creates a clear and present danger or threat to the health, safety or welfare of the public."

Rhode Island: Legal to strike
Statute: R.I. Gen. Laws Ann. § 28-9.3-1 (b)
"...nothing contained in this chapter shall be construed to accord to certified public school teachers the right to strike."

South Dakota: Legal to strike
Statute: S.D. Codified Laws § 3-18-10
"No public employee shall strike against the State of South Dakota, any of the political subdivisions thereof, any of its authorities, commissions, or boards, the public school system or any other branch of the public service."

Tennessee: Legal to strike
Statute: Tenn. Code Ann. § 49-5-606 (b)(4)
"It is unlawful for a recognized professional employees' organization or its representatives to... [engage] in a strike."

Texas: Legal to strike
Statute: Tex. Gov't Code Ann. § 617.003 (a)
"Public employees may not strike or engage in an organized work stoppage against the state or a political subdivision of the state."

Utah: Legal to strike
Statute: Utah Code Ann. § 34-20-13
"This chapter does not interfere with, impede, or diminish in any way the right to strike."

Vermont: Legal to strike
Statute: Vt. Stat. Ann. tit. 16, § 2010
"No restraining order or temporary or permanent injunction shall be granted in any case brought with respect to any action taken by a representative organization or an official thereof or by a school board or representative thereof in connection with or relating to pending or future negotiations, except on the basis of findings of fact made by a court of competent jurisdiction after due hearing prior to the issuance of the restraining order or injunction that the commencement or continuance of the action poses a clear and present danger to a sound program of school education which in the light of all relevant circumstances it is in the best public interest to prevent."

Virginia: Legal to strike
Statute: Va. Code Ann. § 40.1-55
"Any employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment and shall thereafter be ineligible for employment in any position or capacity during the next twelve months by the Commonwealth, or any county, city, town or other political subdivision of the Commonwealth, or by any department or agency of any of them."

Washington: Legal to strike
Statute: Wash. Att'y Gen. Op. 2006 NO. 3 (2006)
"In Washington, state and local public employees do not have a legally protected right to strike."

West Virginia: Legal to strike
Case Law: Jefferson County Bd. of Educ. v Jefferson County Educ. Ass'n, 393 S.E. 2d 653, 659 (W.Va. 1990).
"Teachers have no right to strike."

Wisconsin: Legal to strike
Statute: Wis. Stat. Ann. § 111.70 (4)(L)
"(4) (L) Nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited."

State has case law
(Judicial opinions that interpret statutory law)

Yes

No

Issue not addressed in state law or courts

Alaska: Wages
Statute: Alaska Stat. Ann. § 23.40.070
"The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by...(2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment;"

Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 422 (Alaska 1977).
"At the outset it appears to us that questions concerning salaries, the number of hours to be worked, and amount of leave time are all so closely connected with the economic well-being of the individual teacher that they must be held negotiable under our statutes."

Arizona: Wages
Attorney General Opinion: Ariz. Att’y Gen. Op. I06-004
"The opinion’s use of the term “meet and confer” accords with the definition expressed in City of Phoenix v. Phoenix Employment Relations Board, 145 Ariz. 92, 94-95, 699 P.2d 1323, 1325-26 (App. 1985). The term “meet and confer” in the realm of public employment denotes a process by which public employer and the authorized employee representative meet and confer in good faith with respect to certain topics, which may include wages, hours, and other terms of employment. Id. at 94, 699 P.2d at 1325. Although a memorandum of understanding may result from the process, no binding agreement may be the product of such negotiation; final decision-making authority is necessarily reserved to the public employer. Id. at 95, 699 P.2d at 1326."

Arkansas: Wages
Statute: Ark. Code Ann. § 6-17-201(c)(2)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (2) Compensation;"

Statute: Ark. Code Ann. § 6-17-202(a)
"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

California: Wages
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment."

Colorado: Wages
Statute: Colo. Rev. Stat. Ann.§8-2-101

"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Wages
Statute: Conn. Gen. Stat. Ann.§10-153d(b)
"The local or regional board of education...shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate."

Delaware: Wages
Statute: Del. Code. Ann. tit.14 § 4002 (f)
"Collective bargaining means the performance of the mutual obligation...to confer and negotiate in good faith with respect to terms and conditions of employment."

Statute: Del. Code. Ann. tit.14 § 4002 (t)
"Terms and conditions of employment means matters concerning wages, salaries, donated leave program or programs in Compliance with Chapter 13 of this title, hours, grievance procedures and working conditions..."

District of Columbia: Wages
Statute: D.C. Code. § 1-617.17 (b)
"As provided in this section, the Mayor, the Board of Education,...shall meet with labor organizations which have been authorized to negotiate compensation at reasonable times...to negotiate in good faith with respect to salary, wages, health benefits, with-in grade increases, overtime pay, education pay, shift differential, premium pay, hours and any other compensation matters."

Florida: Wages
Statute: Fla. Stat. Ann. § 447.309 (1)
"After an employee organization has been certified ...the bargaining agent for the organization and the chief executive officer of the appropriate public employer or employees jointly, shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit."

Hawaii: Wages
Statute: Haw. Rev. Stat. § 89-9(a)
"The employer and the exclusive representative shall meet at reasonable times... and shall negotiate in good faith with respect to wages, hours, the amounts of contribution by the state and respective counties to Hawaii employer-union health benefits trust fund.. and other terms and conditions of employment that are subject to collective bargaining and that are to be embodied in a written agreement ..."

Idaho: Wages
Statute: Idaho Code Ann. § 33-1275(3)
"(3) For purposes of this section, 'compensation' means salary and benefits for professional employees..."

Illinois: Wages
Statute: 115 Il. Comp. Stat. Ann. 5/3
"Representatives selected by educational employees in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all the employees in such unit to bargain on wages, hours, terms and conditions of employment."

Indiana: Wages
Statute: Ind. Code Ann. § 20-29-6-4 (a)
"A school employer shall bargain collectively with the exclusive representative on the following:(1) salary (2) Wages..."

Iowa: Wages
Statute: Iowa Code Ann. § 20.9(1)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Wages
Statute: Kan. Stat. Ann § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kan. Stat. Ann. § 72-2218(l)(1)
"Terms and conditions of professional service" means (A) salaries and wages, including pay for duties under supplemental contracts..."

Maine: Wages
Statute: Me. Rev. Stat. Ann. tit. 26 § 965 (1)(C)
"'Collective bargaining' means, for the purposes of this chapter, their mutual obligation...to confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration..."

Maryland: Wages
Statute: Md. Code Ann., Educ:§ 6-408 (c)(1)
"(c)(1) On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to salaries, wages, hours, and other working conditions, including procedures regarding employee transfers and assignments."

Massachusetts: Wages
Statute: Mass. Gen. Laws ch. 150E §6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment...."

Michigan: Wages
Statute: Mich. Comp. Laws §423.215(1)
"A public employer shall bargain collectively with representatives of its employees ... and confer in good faith with respect to wages, hours and terms and conditions of employment..."

Minnesota: Wages
Statute: Minn. Stat. § 179A.03(19)
"Terms and conditions of employment" means the hours of employment, the compensation therefor including fringe benefits except retirement contributions or benefits other than employer payment of, or contributions to, premiums for group insurance coverage of retired employees or severance pay, and the employer's personnel policies affecting the working conditions of the employees."

Missouri: Wages
Mo. Rev. Stat. 105.580
Within eight weeks after a labor organization is certified as the exclusive bargaining representative for the public employees in a bargaining unit as described in section 105.575, representatives of the public body, designated by the public body, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

Montana: Wages
Statute: Mont. Code. Ann. §39-31-305 (2)
"...to bargain collectively is the performance of mutual obligation ... to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment..."

Nebraska: Wages
Statute: Neb. Rev. Stat. §48-816(1)(a)
"To bargain in good faith means ... to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment..."

Nevada: Wages
Statute: Nev. Rev. Stat. Ann. § 288.150(2)(a)
"The scope of mandatory bargaining is limited to: (a) Salary or wage rates or other forms of direct monetary compensation..."

New Hampshire: Wages
Statute: N.H. Rev. Stat. Ann. § 273-A:1(XI)
"Terms and conditions of employment means wages, hours and other conditions of employment other than managerial policy within the prerogative of the public employer..."

New Jersey: Wages
Case Law: Rutgers, State University v. Rutgers Council of AAUP Chapters, 606 A.2d 822, 829 (N.J. Super. App..Div. 1992).
"These general guidelines have led to the recognition that decisions on matters such as compensation, hours, workloads, sick leave, physical accommodation and grievance procedures are, unless preempted by statute or regulation, mandatorily negotiable."

New Mexico: Wages
Statute: N.M. Stat. Ann. § 10-7E-17(A)(1)
"...public employers and exclusive representatives: shall bargain in good faith on wages, hours and all other terms and conditions of employment and other issues agreed to by the parties."

New York: Wages
Statute: N.Y. Civ. Serv. § 204(3)
"For the purposes of this article, to negotiate collectively is performance of mutual obligation of the public employer and a recognized certified employee organization to meet at reasonable times and confer in good faith with respect to wages, hours, and terms and conditions of employment..."

North Dakota: Wages
Statute: N.D. Cent. Code § 15.1-16-09
"A representative organization's scope of representation may include matters relating to....employer-employee relations, including salary and working hours."

Ohio: Wages
Statute: Ohio Rev. Code Ann. § 4117.08(A)
"All matters pertaining to wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code."

Oklahoma: Wages
Statute: Okla. Stat. Ann. tit. 70, § 509.6
"The board of education and the representatives of the organization must negotiate in good faith on wages, hours, fringe benefits and other terms and conditions of employment."

Oregon: Wages
Statute: Or. Rev. Stat. Ann. § 243.650(7)(a)
"'Employment relations' includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Wages
Statute: 43 Pa. Stat. Ann. § 1101.701
"Collective bargaining is the performance of the mutual obligation of the public employer and the representative of the public employes to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder and the execution of a written contract incorporating any agreement reached but such obligation does not compel either party to agree to a proposal or require the making of a concession."

Rhode Island: Wages
Statute: R.I. Gen. Laws Ann. § 28-9.3-2 (a)
"The certified teachers in the public school system in any city, town, or regional school district have the right to negotiate professionally and to bargain collectively with their respective school committees and to be represented by an association or labor organization in the negotiation or collective bargaining concerning hours, salary, working conditions, and all other terms and conditions of professional employment."

South Dakota: Wages
Statute: S.D. Codified Laws § 3-18-3
"Representatives designated or selected for the purpose of formal representation by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all employees in such unit for the purpose of representation in respect to rates of pay, wages, hours of employment, or other conditions of employment..."

Tennessee: Wages
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608(a)(1)
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following... salary or wages."

Vermont: Wages
Statute: Vt. Stat. Ann. tit. 16, § 2004 (effective Jan 1, 2020)
"The school board, through its negotiations council, shall, upon request, negotiate with representatives of the teachers' or administrators' organization negotiations council on matters of salary, related economic conditions of employment, the manner in which it will enforce an employee's obligation to pay the agency fee, procedures for processing complaints and grievances relating to employment, and any mutually agreed-upon matters not in conflict with the statutes and laws of the State of Vermont."

Washington: Wages
Statute: Wash. Rev. Code Ann. § 41.59.020 (2)
"The term 'collective bargaining' or 'bargaining' means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining."

West Virginia: Wages
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees, including, but not limited to, wages, hours of employment, working conditions, fringe benefits, transfers, assignments, and any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Wisconsin: Wages
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

Wyoming: Wages
AG Opinion: 1978 Wyo. Op. Att'y Gen. 157 (1978)
"Accordingly, W.S. 21-3-111(a)(iii) empowers the school board to enter into a collective bargaining agreement with its employees if it chooses to do so. It may therefore recognize a labor organization as the exclusive bargaining agent for purposes of representing certain classes of employees in negotiating wages and other terms and conditions of employment, but it need not do so."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Arkansas: Pension/retirement benefits
Statute: Ark. Code Ann. § 6-17-201(c)(1)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (1) Benefits;"

Statute: Ark. Code Ann. § 6-17-202(a)
"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

Colorado: Pension/retirement benefits
Statute: Colo. Rev. Stat. Ann.§8-2-101

"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Pension/retirement benefits
Statute: Statute:Conn. Gen. Stat. Ann.§10-153d(b)(2)
"Other conditions of employment shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj."

District of Columbia: Pension/retirement benefits
Statute: D.C. Code. § 1-617.08(b)
"(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Pension/retirement benefits
Case Law: Scott v. Williams, 107 So.3d 379, 389 (Fla. 2013).
"...retirement pensions and benefits are mandatory subjects of public collective bargaining."

Hawaii: Pension/retirement benefits
Statute: Hawaii Statutes: 89-9(d)
"Excluded from subjects of negotiation are matters of ... and retirement benefits except as provided in section 88-8(h)."

Statute: Hawaii Statutes: 88-8(h)
"Notwithstanding any other law to the contrary, retirement benefits for the optional retirement system of the University of Hawaii shall be a subject of collective bargaining negotiations..."

Illinois: Pension/retirement benefits
Statute:115 Il. Comp. Stat. Ann. 5/10(a)
"Collective bargaining is the performance of the mutual obligations of the educational employer... with respect to...terms and conditions of employment..."

Case Law: Bd. of Educ. of Sesser-Valier Cmty. Unit Sch. Dist. No. 196 v. Illinois Educ. Labor Relations Bd., 620 N.E.2d 418, 421 (1993).
"Section 10(a) of the Act requires educational employees to bargain in good faith with the exclusive representative of the employees over wages, hours, and other terms and conditions of employment. (Ill.Rev.Stat.1991, ch. 48, par. 1710(a).) Terms and conditions of employment that intimately and directly affect the work and welfare of employees include wages, health insurance, pension contributions, life insurance, medical insurance, and hours."

Indiana: Pension/retirement benefits
Statute: Ind. Code Ann. § 20-29-6-4 (a)
"A school employer shall bargain collectively with the exclusive representative on the following...(4) Salary and wage related fringe benefits, including accident, sickness, health, dental, vision, life, disability, retirement benefits, and paid time off as permitted to be bargained under IC 20-28-9-11."

Iowa: Pension/retirement benefits
Statute: Iowa Code Ann. § 20.9(3)
"All retirement systems, dues checkoffs, and other payroll deductions for political action committees or other political contributions or political activities shall be excluded from the scope of negotiations..."

Kansas: Pension/retirement benefits
Statute: Kansas Statutes: 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kansas Statutes: 72-2218(l)(1)
"Terms and conditions of professional service" means...retirement..."

Maine: Pension/retirement benefits
Case Law: City of Bangor v. American Fed'n of State, County, and Mun. Employees, Council 74, 449 A.2d 1129, 1134 (Me. 1982).
"In the case of a discharged employee, the subjects of bargaining may include severance pay, vacation pay, seniority, and pensions."

Massachusetts: Pension/retirement benefits
Statute: Mass. Gen. Laws ch. 150E §6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment...."

Michigan: Pension/retirement benefits
Case Law: St. Clair Intermediate School Dist.t v. Intermediate Educ. Association/Michigan Educ. Ass'n,581 N.W.2d 707, 713 (Mich. 1998).
Mandatory subjects of collective bargaining include but are not limited to "... terms and conditions of employment concerning hourly, overtime, and holiday pay, work shifts, pension and profit sharing, grievance procedures, sick leave, seniority, and compulsory retirement age."

Minnesota: Pension/retirement benefits
Statute: Minn. Stat. § 179A.07(2)(b)
"In addition, a public employer may, but does not have an obligation to, meet and negotiate in good faith with the exclusive representative of public employees in an appropriate unit regarding an employer contribution to the state of Minnesota deferred compensation plan..."

Missouri: Pension/retirement benefits
Mo. Rev. Stat. 105.580
Within eight weeks after a labor organization is certified as the exclusive bargaining representative for the public employees in a bargaining unit as described in section 105.575, representatives of the public body, designated by the public body, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

New Jersey: Pension/retirement benefits
Case Law: State v. State Supervisory Emp. Ass'n,393 A.2d 233, 247 (N.J. 1978).
" Public employees and employee representatives may neither negotiate nor agree upon any proposal which would affect the sacrosanct subject of employee pensions."

New York: Pension/retirement benefits
Statute: N.Y. Civ. Serv.§ 201(4)
"The term 'terms and conditions of employment' means salaries, wages, hours and other terms and conditions of employment provided, however, that such term shall not include any benefits provided by or to be provided by a public retirement system, or payments to a fund or insurer to provide an income for retirees, or payment to retirees or their beneficiaries. No such retirement benefits shall be negotiated pursuant to this article, and any benefits so negotiated shall be void."

Ohio: Pension/retirement benefits
Case Law: In re Montgomery County Joint Vocational School Dist Bd of Ed, SERB 89-017 (7-14-89).
Mandatory subjects of collective bargaining that must be negotiated by a board of education on union demand include retirement incentive plans.http://www.serb.ohio.gov/pdf/opinions/1989/1989-OPN-00-0017.pdf

Oregon: Pension/retirement benefits
Statute: Or. Rev. Stat. Ann. 243.650(7)(a)
"Employment relations includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Pension/retirement benefits
Case Law: Pennsylvania State Ed. Ass'n v. Baldwin Whitehall School Dist., 372 A.2d 960, 963 (Pa. Commw. Ct. 1977).
School district had authority to agree to collective bargaining agreement provision for payment of a retirement allowance on basis of unused accumulated sick leave as a retirement allowance is a bargainable term or condition of employment.

Tennessee: Pension/retirement benefits
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (a)(4)
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following... Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives;"

Wisconsin: Pension/retirement benefits
Statute: Wis. Stat. Ann. § 111.70
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

Case Law: Walker Mfg. Co. v. Industrial Commission,135 N.W.2d 307,312 (Wis.1965).
"Refusal of employer or bargaining agent to bargain collectively is an unfair labor practice, and pension and retirement plans are a mandatory subject of bargaining about which employer could not refuse to bargain."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Insurance or fringe benefits
Statute: Alaska Statute: 23.40.250(9)
"Fringe benefits are a mandatory subject of bargaining as defined as a term and condition."Terms and conditions of employment" means the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees; but does not mean the general policies describing the function and purposes of a public employer."

Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are negotiable are... 3. Grievance Procedures... 5. Salary Schedule... 7. Extra Curricular and Extra Duty... 10. Life Insurance 11. Health Insurance 12. Liability Insurance... 26. Teacher Preparation Periods... 31. Teacher Transfer 32. Teacher Retention... 34. Reduction of Staff"

Arkansas: Insurance or fringe benefits
Statute: Ark. Code Ann. § 6-17-201(c)(1)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (1) Benefits;"

Statute: Ark. Code Ann. § 6-17-202(a)
"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

California: Insurance or fringe benefits
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined by Section 53200..."

Colorado: Insurance or fringe benefits
Statute: Colo. Rev. Stat. Ann.§8-2-101

"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Insurance or fringe benefits
Statute: Conn. Gen. Stat. Ann.§10-153d(b)
"The local or regional board of education...shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate."

Statute: Conn. Gen. Stat. Ann.§10-153f(4)
"The arbitrators or the single arbitrator shall further consider, in light of such financial capability, the following factors... the salaries, fringe benefits, and other conditions of employment prevailing in the state labor market..."

Delaware: Insurance or fringe benefits
Case Law: Colonial School Bd. v. Colonial Affiliate, NCCEA/DSEA/NEA, 449 A.2d 243,246 (Del. 1982). Mandatory subjects of collective bargaining includes insurance employee benefits.

District of Columbia: Insurance or fringe benefits
Statute: D.C. Code. § 1-617.17 (b)
"As provided in this section, the Mayor, the Board of Education,...shall meet with labor organizations which have been authorized to negotiate compensation at reasonable times...to negotiate in good faith with respect to salary, wages, health benefits, with-in grade increases, overtime pay, education pay, shift differential, premium pay, hours and any other compensation matters."

Florida: Insurance or fringe benefits
Case Law: Communications Workers of America, AFL-CIO, CLC v. City of Gainesville, 65 So.3d 1070,1074 (Fla. Dist. Ct. App. 2011).
"[Florida law] requires a public employer to bargain collectively...[j]ob-related benefits, although not catalogued in an existing bargaining agreement, may nevertheless constitute terms and conditions of employment which are not subject to change by the employer unilaterally."

Hawaii: Insurance or fringe benefits
Statute: Haw. Rev. Stat. § 89-9(a)
"The employer and the exclusive representative....shall negotiate in good faith with respect to wages, hours, the amounts of contributions by the State and respective counties to the Hawaii employer-union health benefits trust fund."

Idaho: Insurance or fringe benefits
Statute: Idaho Code Ann. § 33-1275(3)
"'Benefits' means employee insurance, leave time and sick leave benefits."

Illinois: Insurance or fringe benefits
Statute:115 Il. Comp. Stat. Ann. 5/10(a)
"Collective bargaining is the performance of the mutual obligations of the educational employer... with respect to...terms and conditions of employment..."
Case Law: Bd. of Educ. of Sesser-Valier Cmty. Unit Sch. Dist. No. 196 v. Illinois Educ. Labor Relations Bd., 620 N.E.2d 418, 421 (1993).
"Section 10(a) of the Act requires educational employees to bargain in good faith with the exclusive representative of the employees over wages, hours, and other terms and conditions of employment. (Ill.Rev.Stat.1991, ch. 48, par. 1710(a).) Terms and conditions of employment that intimately and directly affect the work and welfare of employees include wages, health insurance, pension contributions, life insurance, medical insurance, and hours."

Indiana: Insurance or fringe benefits
Statute: Ind. Code Ann. § 20-29-6-4 (a)
"A school employer shall bargain collectively with the exclusive representative on the following...(4) Salary and wage related fringe benefits, including accident, sickness, health, dental, vision, life, disability, retirement benefits, and paid time off as permitted to be bargained under IC 20-28-9-11."

Iowa: Insurance or fringe benefits
Statute:Iowa Code Ann. § 20.9(3)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, insurance...shall also be excluded from the scope of negotiations."

Kansas: Insurance or fringe benefits
Statute: Kan. Stat. Ann § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kan. Stat. Ann § 72-2218(l)(1)
"Terms and conditions of professional service" means... number of holidays; retirement; insurance benefits...

Maine: Insurance or fringe benefits
Case Law: City of Bangor v. Maine Labor Relations Bd., 658 A.2d 669,671-72 (Me. 1995).
Health insurance is a term or condition of employment subject to mandatory collective bargaining.

Massachusetts: Insurance or fringe benefits
Case Law: Anderson v Board of Select Men Wrentham, 548 N.E. 2d 1230 (Mass. 1990).
The percentage of an employer contribution to health insurance is a mandatory subject of bargaining.

Michigan: Insurance or fringe benefits
Statute: Michigan Compiled Laws: 423.215(3)(a)
"(a) Who is or will be the policyholder of an employee group insurance benefit. This subdivision does not affect the duty to bargain with respect to types and levels of benefits and coverages for employee group insurance. A change or proposed change in a type or to a level of benefit, policy specification, or coverage for employee group insurance shall be bargained by the public school employer and the bargaining representative before the change may take effect."

Minnesota: Insurance or fringe benefits
Statute: Minn. Stat. § 179A.03(19)
"Terms and conditions of employment" means the hours of employment, the compensation therefor including fringe benefits except retirement contributions or benefits other than employer payment of, or contributions to, premiums for group insurance coverage of retired employees or severance pay..."

Missouri: Insurance or fringe benefits
Mo. Rev. Stat. 105.580
Within eight weeks after a labor organization is certified as the exclusive bargaining representative for the public employees in a bargaining unit as described in section 105.575, representatives of the public body, designated by the public body, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

Montana: Insurance or fringe benefits
Statute: Mont. Code. Ann. §39-31-305 (2)
"...to bargain collectively is the performance of mutual obligation ... to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment..."

Nebraska: Insurance or fringe benefits
Statute: Nebraska Statutes: §48-816(1)(a)
"To bargain in good faith means ... to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment..."

Case Law: Scottsbluff Police Officers Ass'n, Inc., F.O.P. Lodge 38 v. City of Scottsbluff, 805 N.W.2d 320, 328 (Neb. 2011).
"Health insurance coverage and related benefits, including health insurance exclusions, are akin to fundamental, basic, or essential concerns to an employee's financial and personal concern and, therefore, may be considered as involving working conditions. Accordingly, we determine that health insurance coverage and related benefits are mandatory subjects of bargaining under the IRA."

Nevada: Insurance or fringe benefits
Statute: Nev. Rev. Stat. Ann. § 288.150(2)(f)
"The scope of mandatory bargaining is limited to... (f) Insurance benefits..."

New Jersey: Insurance or fringe benefits
Case Law: Board of Educ. of Tp. of Bloomfield v. Bloomfield Educ. Ass'n,598 A.2d 518, 520 (N.J. Super. Ct. App. Div. 1990).
"The grievance in this case qualifies for arbitration in two respects: health benefits are a term and condition of employment and the grievance requires an interpretation of Article 28."

New York: Insurance or fringe benefits
Case Law: Case Law: Local 456 Intern. Broth. of Teamsters v. Town of Cortlandt,327 N.Y.S.2d 143,149 (N.Y. S.Ct. Westchester County, 1971).
An employee's terms and conditions of employment include health and life insurance benefits.

Ohio: Insurance or fringe benefits
Statute: Ohio Rev. Code Ann. § 4117.03 (E)
"Employees of public schools may bargain collectively for healthcare benefits."

Oklahoma: Insurance or fringe benefits
Statute: Okla. Stat. Ann. tit. 70, § 509.6
"The board of education and the representatives of the organization must negotiate in good faith on wages, hours, fringe benefits and other terms and conditions of employment."

Oregon: Insurance or fringe benefits
Statute:Or. Rev. Stat. Ann. 243.650(7)(a)
"Employment relations includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Insurance or fringe benefits
Case Law: International Broth. of Firemen and Oilers, Local 1201, AFL-CIO v. Board of Educ. of School Dist. of Philadelphia, 457 A.2d 1269, 1272 (Pa. 1983).

Fringe benefits are a proper subject of collective bargaining.

Tennessee: Insurance or fringe benefits
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (a)(4)
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following... Insurance; Fringe benefits, but not to include pensions or retirement programs"

Vermont: Insurance or fringe benefits
Statute: Vt. Stat. Ann. tit. 16, § 2004 (effective Jan 1, 2020)
"As used in this section, the terms "salary" and "related economic conditions of employment" shall not include health care benefits or coverage other than stand-alone vision and dental benefits. Health care benefits and health coverage, excluding stand-alone vision and dental benefits but including health reimbursement arrangements and health savings accounts, shall not be subject to collective bargaining pursuant to this chapter, but shall be determined pursuant to chapter 61 of this title."

West Virginia: Insurance or fringe benefits
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees, including, but not limited to, wages, hours of employment, working conditions, fringe benefits, transfers, assignments, and any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Wisconsin: Insurance or fringe benefits
Statute: Wis. Stat. Ann. § 111.70 (4)(mb)
"(4) (mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing as general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

Case Law: City of Brookfield v. Wisconsin Employment Relations Com'n, 450 N.W.2d 495 (Wis. Ct. App. 1989).

Health insurance benefits are a mandatory subject of bargaining.

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Leave
Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 422 (Alaska 1977).
"At the outset it appears to us that questions concerning salaries, the number of hours to be worked, and amount of leave time are all so closely connected with the economic well-being of the individual teacher that they must be held negotiable under our statutes."

California: Leave
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Leave
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Leave
Case Law: IN THE MATTER OF Shepaug Valley Regional School District No. 12 Board of Education, and, Shepaug Valley Administrators Assn', Decision No. 4765 Case No. TPP-30,682 (CT.Dept.Lab.).
"Vacation leave accrual limitations as well as severance pay are recognized mandatory topics."

Delaware: Leave
Statute: Del. Code. Ann. tit.14 § 4002 (f)
"Collective bargaining means the performance of the mutual obligation...to confer and negotiate in good faith with respect to terms and conditions of employment."

Statute: Del. Code. Ann. tit.14 § 4002 (t)
"Terms and conditions of employment means matters concerning wages, salaries, donated leave program or programs in Compliance with Chapter 13 of this title, hours, grievance procedures and working conditions..."

District of Columbia: Leave
Statute: D.C. Code. § 1-617.08(b)
"(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Leave
Case Law: Teamsters Local 444 v. City of Winter Haven, 5 FPER ¶ 10089 (1979).
Holiday leave is a term and condition of employment.

Idaho: Leave
Statute: Idaho Code Ann. § 33-1275(3)
"'Benefits' means employee insurance, leave time and sick leave benefits."

Indiana: Leave
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Leave
Statute: Iowa Code Ann. § 20.9 (1)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon.

Kansas: Leave
Statute: Kan. Stat. Ann. § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kansas Statute: 72-2218(l)(1)
"Terms and conditions of professional service" means (A) salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work; vacation allowance, holiday, sick, extended, sabbatical, and other leave"

Maine: Leave
Case Law: City of Bangor v. American Fed'n of State, County, and Mun. Employees, Council 74, 449 A.2d. 1129, 1134 (Me. 1982).
"In the case of a discharged employee, the subjects of bargaining may include severance pay, vacation pay, seniority, and pensions."

Massachusetts: Leave
Statute: Mass. Gen. Laws ch. 150E §6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment...including without limitation, in the case of teaching personnel employed by a school committee, class size and workload..."

Michigan: Leave
Case Law: St. Clair Intermediate School Dist.t v. Intermediate Educ. Association/Michigan Educ. Ass'n, 581 N.W.2d 707, 713-14 (Mich.199).
"Mandatory subjects of collective bargaining... include, but are not limited to, terms and conditions of employment concerning hourly, overtime, and holiday pay, work shifts, pension and profit sharing, grievance procedures, sick leave, seniority, and compulsory retirement age."

Missouri: Leave
Statute: Mo. Rev. Stat. 105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Nevada: Leave
Statute: Nevada Revised Statute: § 288.150
"The scope of mandatory bargaining is limited to: (a) Salary or wage rates or other forms of direct monetary compensation. (b) Sick leave. (c) Vacation leave. (d) Holidays. (e) Other paid or nonpaid leaves of absence...."

New Hampshire: Leave
Case Law: State Employees Ass'n v PELRB, 397 A.2d 1035 (N.H. 1978).
Overtime, legal holidays, annual sick leave and maternity leave are all mandatory subjects of bargaining.

New Jersey: Leave
Case Law: Rutgers, State University v. Rutgers Council of AAUP Chapters, 606 A.2d 822, 829 (N.J. Super. App. Div., 1992).
"General guidelines have led to the recognition that decisions on matters such as compensation, hours, workloads, sick leave, physical accommodation and grievances procedures are, unless preempted by statute or regulation, mandatorily negotiable."

New York: Leave
Case Law: Board of Ed., Syracuse City School Dist., Syracuse (4 Dept. 1973) 42 A.D.2d 73, 76 (N.Y. App. Div. 1973).

Sick leave is a negotiable term and condition of employment.

North Dakota: Leave
Case Law: Fargo Educ. Ass'n v Fargo Public School District 1, 291 N.W.2d 267 (N.D. 1979).
Court has ordered on all subjects other than those outlined in statute, including class size, reduction in force procedure, curriculum, evaluation policies, transfer procedures, leave procedures, grievance procedures and binding impasse arbitration parties can agree to negotiate if they choose.

Ohio: Leave
Case Law: In re Montgomery County Joint Vocational School Dist Bd of Ed, SERB 89-017 (7-14-89).
Mandatory subjects of collective bargaining that must be negotiated by a board of education on union demand include classified holiday and various other types of leave. http://www.serb.ohio.gov/pdf/opinions/1989/1989-OPN-00-0017.pdf

Oregon: Leave
Statute: Or. Rev. Stat. Ann. § 243.650(7)(a)
"'Employment relations' includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Leave
Case Law: State Coll. Ed. Ass'n v. Pennsylvania Labor Relations Bd., 306 A.2d 404, 413-14 (1973) overruled by Borough of Wilkinsburg v. Sanitation Dept. of Borough of Wilkinsburg, , 345 A.2d 641 (Pa. 1975).

"The enumeration of wages, hours and other items and conditions of employment defines a limited category of issues on which the public employer is required to bargain... The words 'other items and conditions of employment' are no doubt susceptible to varying interpretations... We believe they refer to such things as... what sick and hospital benefits are available and what vacation benefits are available; what retirement benefits will be provided and how eligibility will be determined."

Tennessee: Leave
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (a)(6)
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following... Leave;"

Washington: Leave
Case Law: Local 469 v. City of Yakima, Decision 3564-A (PECB, 1991) (administrative decision).
"Vacation and other paid leaves directly affect the "hours" that an employee works, and are alternative forms of "wages". Just as the arrangements for payment of wages are closely related to the wages themselves, and hence a mandatory subject of collective bargain­ing,[22] the use of accumulated leave rights is closely related to the existence of those rights."

West Virginia: Leave
Case Law: Hartman v. Board of Educ. of County of Mineral, 460 S.E.2d 785, 787 (W. Va. 1995).
Bonus for unused days of personal leave..." can become a part of the teachers' continuing contracts of employment in only two ways: (1) by operation of statutory law manifesting a specific legislative intent that the bonus become an element of the teachers' contracts; or (2) by negotiation and subsequent mutual agreement of the board and the teachers. In the search for the necessary legislative intent, we first examine the statute authorizing the bonus."

Wisconsin: Leave
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Terms & conditions of employment
Statute: Alaska Stat. Ann. § 23.40.070
"The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by...(2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment..."

Arizona: Terms & conditions of employment
Attorney General Opinion: Ariz. Att’y Gen. Op. I06-004
The opinion’s use of the term “meet and confer” accords with the definition expressed in City of Phoenix v. Phoenix Employment Relations Board, 145 Ariz. 92, 94-95, 699 P.2d 1323, 1325-26 (App. 1985). The term “meet and confer” in the realm of public employment denotes a process by which public employer and the authorized employee representative meet and confer in good faith with respect to certain topics, which may include wages, hours, and other terms of employment. Id. at 94, 699 P.2d at 1325. Although a memorandum of understanding may result from the process, no binding agreement may be the product of such negotiation; final decision-making authority is necessarily reserved to the public employer. Id. at 95, 699 P.2d at 1326."

Arkansas: Terms & conditions of employment
Statute: Ark. Code Ann. § 6-17-201(b)
"(b) 'Personnel policies' means all school district policies, guidelines, regulations, and procedures that pertain to the terms and conditions of a teacher's employment."
Statute: Ark. Code Ann. § 6-17-202(a)

"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

California: Terms & conditions of employment
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Terms & conditions of employment
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Terms & conditions of employment
Statute:Conn. Gen. Stat. Ann.§10-153d(b)
"The local or regional board of education...shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate."

Delaware: Terms & conditions of employment
Statute: Del. Code. Ann. tit.14 § 4002 (f)
"Collective bargaining means the performance of the mutual obligation...to confer and negotiate in good faith with respect to terms and conditions of employment."

Statute: Del. Code. Ann. tit.14 § 4002 (t)
"Terms and conditions of employment means matters concerning wages, salaries, donated leave program or programs in Compliance with Chapter 13 of this title, hours, grievance procedures and working conditions..."

District of Columbia: Terms & conditions of employment
Statute: D.C. Official Code: § 1-617.02 (b)
"(b) The labor-management relations program shall include:....(4) The right of employees to participate through their duly-designated exclusive representative in collective bargaining concerning terms and conditions of employment...."

Florida: Terms & conditions of employment
Statute: Fla. Stat. Ann. § 447.309 (1)
"After an employee organization has been certified ...the bargaining agent for the organization and the chief executive officer of the appropriate public employer or employees jointly, shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit."

Hawaii: Terms & conditions of employment
Statute: Statute: Haw. Rev. Stat. § 89-9(a)
"The employer and the exclusive representative shall meet at reasonable times... and shall negotiate in good faith with respect to wages, hours, the amounts of contribution by the state and respective counties to Hawaii employer-union health benefits trust fund.. and other terms and conditions of employment that are subject to collective bargaining and that are to be embodied in a written agreement ..."

Idaho: Terms & conditions of employment
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Terms & conditions of employment
Statute: 115 Il. Comp. Stat. Ann. 5/3
"Representatives selected by educational employees in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all the employees in such unit to bargain on wages, hours, terms and conditions of employment."

Indiana: Terms & conditions of employment
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Terms & conditions of employment
Case Law: Fort Dodge Community School Dist. v. Iowa Public Employment Relations Bd., 855 N.W.2d 733, 741 (Iowa. Ct. App. 2014).

"In PERA, the legislature declined to adopt the NLRA model on the question of what subject matters are mandatory subjects of collective bargaining. Instead of incorporating the expansive NLRA language mandating collective bargaining over wages, hours and “other terms and conditions of employment,” the Iowa legislature instead specifically enumerated seventeen topics subject to collective bargaining."

Statute: Iowa Code Ann. §20.9(1)

"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Terms & conditions of employment
Statute: Kan. Stat. Ann § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Maine: Terms & conditions of employment
Statute: Me. Rev. Stat. Ann. tit. § 26-965(1)(C)
"To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration..."

Maryland: Terms & conditions of employment
Statute: Md. Code Ann., Educ:§ 6-408 (c)(1)
"(c)(1) On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to salaries, wages, hours, and other working conditions, including procedures regarding employee transfers and assignments."

Massachusetts: Terms & conditions of employment
Statute: Mass. Gen. Laws ch. 150E §6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment."

Michigan: Terms & conditions of employment
Statute: Mich. Comp. Laws §423.215(1)
"A public employer shall bargain collectively with representatives of its employees ... and confer in good faith with respect to wages, hours and terms and conditions of employment..."

Minnesota: Terms & conditions of employment
Statute: Minn. Stat. § 179A.06(5)
"Public employees, through their certified exclusive representative, have the right and obligation to meet and negotiate in good faith with their employer regarding grievance procedures and the terms and conditions of employment..."

Missouri: Terms & conditions of employment
Statute: Mo. Rev. Stat. §105.580
Within eight weeks after a labor organization is certified as the exclusive bargaining representative for the public employees in a bargaining unit as described in section 105.575, representatives of the public body, designated by the public body, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

Montana: Terms & conditions of employment
Statute: Mont. Code. Ann. §39-31-305 (2)
"...to bargain collectively is the performance of mutual obligation ... to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment..."

Nebraska: Terms & conditions of employment
Statute: Nebraska Statutes: 48-816(1)(a)
"To bargain in good faith means ... to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment..."

Nevada: Terms & conditions of employment
Statute: Nev. Rev. Stat. Ann. § 288.033
“Collective bargaining” means a method of determining conditions of employment by negotiation between representatives of the local government employer and employee organizations, entailing a mutual obligation of the local government employer and the representative of the local government employees to meet at reasonable times and bargain in good faith with respect to:

1.Wages, hours and other terms and conditions of employment;

New Hampshire: Terms & conditions of employment
Statute: N.H. Rev. Stat. Ann. §273-A:1(XI)
"Terms and conditions of employment means wages, hours and other conditions of employment other than managerial policy within the prerogative of the public employer..."

New Jersey: Terms & conditions of employment
Statute: N.J. Stat. Ann. § 34:13A-5.3
"The majority representative and designated representatives of the public employer shall meet at reasonable times and negotiate in good faith with respect to grievances, disciplinary disputes, and other terms and conditions of employment."

New Mexico: Terms & conditions of employment
Statute: N.M. Stat. Ann. § 10-7E-17(A)(1)
"...public employers and exclusive representatives: shall bargain in good faith on wages, hours and all other terms and conditions of employment and other issues agreed to by the parties."

New York: Terms & conditions of employment
Statute: N.Y. Civ. Serv. § 204(3)
"For the purposes of this article, to negotiate collectively is performance of mutual obligation of the public employer and a recognized certified employee organization to meet at reasonable times and confer in good faith with respect to wages, hours, and terms and conditions of employment..."

North Dakota: Terms & conditions of employment
Statute: N.D. Cent. Code § 15.1-16-13 (1)(a)
"The board of the school district or its representatives and the representative organization or its representatives shall, if requested by either entity, meet at reasonable times and negotiate in good faith regarding: (a) terms and conditions of employment."

Ohio: Terms & conditions of employment
Statute: Ohio Rev. Code Ann. § 4117.08 (A)
"All matters pertaining to wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code."

Oklahoma: Terms & conditions of employment
Statute: Okla. Stat. Ann. tit. 70, § 509.6
"The board of education and the representatives of the organization must negotiate in good faith on wages, hours, fringe benefits and other terms and conditions of employment."

Oregon: Terms & conditions of employment
Statute: Or. Rev. Stat. Ann. § 243.650(7)(a)
"'Employment relations' includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Terms & conditions of employment
Statute: 43 Pa. Stat. Ann. § 1101.701
"Collective bargaining is the performance of the mutual obligation of the public employer and the representative of the public employes to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder and the execution of a written contract incorporating any agreement reached but such obligation does not compel either party to agree to a proposal or require the making of a concession."

Rhode Island: Terms & conditions of employment
Statute: R.I. Gen. Laws Ann. § 28-9.3-2 (a)
"The certified teachers in the public school system in any city, town, or regional school district have the right to negotiate professionally and to bargain collectively with their respective school committees and to be represented by an association or labor organization in the negotiation or collective bargaining concerning hours, salary, working conditions, and all other terms and conditions of professional employment."

South Dakota: Terms & conditions of employment
Statute: S.D. Codified Laws § 3-18-3
"Representatives designated or selected for the purpose of formal representation by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all employees in such unit for the purpose of representation in respect to rates of pay, wages, hours of employment, or other conditions of employment..."

Tennessee: Terms & conditions of employment
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following... Working conditions; except those working conditions which are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the state board of education, the department of education or any other department or agency of state or local government;"

Vermont: Terms & conditions of employment
Statute: Vt. Stat. Ann. tit. 16, § 2004 (effective Jan 1, 2020)
The school board, through its negotiations council, shall, upon request, negotiate with representatives of the teachers' or administrators' organization negotiations council on matters of salary, related economic conditions of employment, the manner in which it will enforce an employee's obligation to pay the agency fee, procedures for processing complaints and grievances relating to employment, and any mutually agreed-upon matters not in conflict with the statutes and laws of the State of Vermont.

Washington: Terms & conditions of employment
Statute: Wash. Rev. Code Ann. § 41.59.020
"The term 'collective bargaining' or 'bargaining' means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining."

West Virginia: Terms & conditions of employment
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees, including, but not limited to, wages, hours of employment, working conditions, fringe benefits, transfers, assignments, and any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Wisconsin: Terms & conditions of employment
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

Wyoming: Terms & conditions of employment
AG Opinion: 1978 Wyo. Op. Att'y Gen. 157 (1978)
"Accordingly, W.S. 21-3-111(a)(iii) empowers the school board to enter into a collective bargaining agreement with its employees if it chooses to do so. It may therefore recognize a labor organization as the exclusive bargaining agent for purposes of representing certain classes of employees in negotiating wages and other terms and conditions of employment, but it need not do so."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Length of the teacher school year
Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are non-negotiable are as follows... 2. Class Size and Teacher Load... 9. Calendar"

Arkansas: Length of the teacher school year
Statute: Ark. Code Ann. § 6-17-201(c)(5)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (5) The annual calendar;"

Statute: Ark. Code Ann. § 6-17-202(a)

"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

Colorado: Length of the teacher school year
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

District of Columbia: Length of the teacher school year
Case Law: Public Emp. Rel. Bd. v. Washington Teachers Union, 556 A 2d 206 (App. D.C. 1989).
School starting date and holiday schedule are management policy decisions and thus are not mandatory subjects of bargaining.

Florida: Length of the teacher school year
Case Law: School Bd. of Orange County v. Palowitch, 367 So.2d 730, 732 (Fla. Ct. App. 1979).
Length of the work year is a bargainable subject.

Hawaii: Length of the teacher school year
Statute: Haw. Rev. Stat. § 89-10.5
"Notwithstanding any other law to the contrary, any collective bargaining agreement concerning public school employees may include terms that would allow an employee to work a longer period each day and a longer school year."

Idaho: Length of the teacher school year
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Length of the teacher school year
Statute: 115 Il. Comp. Stat. Ann. 5/4.5 (a)
"Notwithstanding the existence of any other provision in this Act or other law, collective bargaining between an educational employer... and an exclusive representative of its employees may include any of the following subjects: Decisions to determine class size, class staffing and assignment, class schedules, academic calendar, length of the work and school day..., length of the work and school year..., hours and places of instruction, or pupil assessment policies."

Indiana: Length of the teacher school year
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following: (1) The school calendar."

Iowa: Length of the teacher school year
Statute: Iowa Code Ann. §20.9(1)

"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Length of the teacher school year
Statute: Kan. Stat. Ann § 72-2218(l)(4)
"Matters which relate to the duration of the school term, and specifically to consideration and determination by a board of education of the question of the development and adoption of a policy to provide for a school term consisting of school hours, are not included within the meaning of terms and conditions of professional service and are not subject to professional negotiation."

Maine: Length of the teacher school year
Case Law: City of Biddeford by Bd. of Ed. v. Biddeford Teachers Ass'n, 304 A.2d 387, 421 (Me. 1973).
"On similar reasoning, questions concerned with the scheduling and length of school vacations and the commencement and ending of the school year (insofar as such calendar aspects, respectively, are directed at teacher attendance at school) must be held matters of 'educational policies' and, as such, non-negotiable and beyond the scope of binding arbitration."

Maryland: Length of the teacher school year
Statute: Md. Code Ann., Educ:§ 6-408 (c)(3)
"A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law."

Michigan: Length of the teacher school year
Statute: Michigan Compiled Laws: 423.215(3)(b)
"Collective bargaining between a public school employer and a bargaining representative of its employees shall not include any of the following subjects: (b) Establishment of the starting day for the school year..."

Missouri: Length of the teacher school year
Statute: Mo. Rev. Stat. 105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Nebraska: Length of the teacher school year
Case Law: Sch. Dist. of Seward Ed. Ass'n v. Sch. Dist. of Seward in Seward County, 199 N.W.2d 752, 759 (Neb. 1972).
"While there are many nebulous areas that may overlap working conditions, boards should not be required to enter negotiations on matters which are predominately matters of educational policy, management prerogatives, or statutory duties of the board of education... we would consider the following to be exclusively within the management prerogative:... to control transfers and assignments...; and to determine the curriculum, class size, and types of specialists to be employed."

Nevada: Length of the teacher school year
Statute: Nev. Rev. Stat. Ann. § 288.150
"The scope of mandatory bargaining is limited to... (d) Holidays... (h) Total number of days' work required of an employee in a work year..."

Case Law: Clark County Sch. Dist. v. Local Gov't Emp. Mgmt. Relations Bd., 530 P.2d 114, 118 (Nev. 1974).
"4. School calendar (dealing with the length and structure of the teacher work year). The board found this proposal negotiable on the ground that the selection of those days that a teacher must work in a given school year is significantly related to the teacher's working conditions and the amount of work the teacher is expected to perform for a fixed compensation."

New Jersey: Length of the teacher school year
Case Law: Piscataway Tp. Educ. Ass'n v. Piscataway Tp. Bd. of Educ., 704 A.2d 981,985 (N.J. Super. App. Div., 1998).
"It is well-established that the establishment of a school calendar is not a 'term and condition of employment' but has a 'major educational determination which traditionally has been the exclusive responsibility' of school administrations."

Ohio: Length of the teacher school year
Case Law: In re Montgomery County Joint Vocational School Dist Bd of Ed, SERB 89-017 (7-14-89).
Mandatory subjects of collective bargaining that must be negotiated by a board of education on union demand include the school calendar. .http://www.serb.ohio.gov/pdf/opinions/1989/1989-OPN-00-0017.pdf

Oregon: Length of the teacher school year
Statute: Or. Rev. Stat. Ann. § 243.650(7)(e)
"For school district bargaining, employment relations' excludes class size, the school or educational calendar, standards of performance or criteria for evaluation of teachers, the school curriculum..."

Case Law: Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 547 P.2d 647, 648 (Or. Ct. App. 1976).
"The following are among the subjects which ERB found to be permissive, but not mandatory, subjects for bargaining: class size, course assignments, transfer procedures, the school calendar, the selection of substitute teachers and the use of teachers' aides."

Pennsylvania: Length of the teacher school year
Case Law: State Coll. Ed. Ass'n v. Pennsylvania Labor Relations Bd., 306 A.2d 404, 413-14 (1973) overruled by Borough of Wilkinsburg v. Sanitation Dept. of Borough of Wilkinsburg, , 345 A.2d 641 (Pa. 1975).
"2. The provision for time during the school day for team planning of required innovative programs;... 6. Eliminating the requirement that teachers perform nonteaching duties such as but not limited to hall duty, bus duty, lunch duty, study hall, and parking lot duties;?9. Eliminating the requirement that teachers chaperone athletic activities;... 15. Provision for maximum class sizes; 16. Provision that the Association will be consulted in determining the school calendar;... 21. Provision that secondary teachers not be required to teach more than 25 periods per week and have at least one planning period per day; and 22. A provision that elementary teachers shall have one period or fifteen minutes per day for planning purposes. Although there is some overlapping, we conclude that [these] items are not bargainable."

South Dakota: Length of the teacher school year
AG Opinion: 1972 WL 238898 (S.D.A.G. Mar. 21, 1972)
"The following are areas of public education which can be negotiated: ... the number of days during which school will be conducted, within the range set by statute, and which particular days school will be opened and closed."

Case Law: W. Cent. Educ. Ass'n v. W. Cent. Sch. Dist. 49-4, 2002 SD 163, 655 N.W.2d 916, 924
"... the determination of the school calendar through collective bargaining substantially interferes with an inherent management prerogative that pertains to the determination of the government's educational policy... This holding is also supported by the fact that the Legislature has explicitly required school boards to set policy in this area by determining most aspects of the calendar, including: the number of days in a school term, the length of the school day, the number of school days in a week, the date school will begin, whether the school will run year round, when teacher conferences are held, the appropriate time devoted to staff development, and whether the school will hold a summer term."

Tennessee: Length of the teacher school year
Statute: Tenn. Code Ann. § 49-5-608 (b)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:..."

Wisconsin: Length of the teacher school year
Statute: Wis. Stat. Ann. § 111.70
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

Case Law: City of Beloit by Beloit City Sch. Bd. v. Wisconsin Employment Relations Comm'n, 73 Wis. 2d 43, 242 N.W.2d 231 (1976)
The Wisconsin Supreme Court has held that all of the following are mandatory subjects of bargaining between a school board and a teachers' union: evaluation procedures that affect teachers' job security, layoffs resulting from a decline in student population, school calendar, and the impact of class size.

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Class load or size
Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are non-negotiable are as follows... 2. Class Size and Teacher Load... 9. Calendar"

California: Class load or size
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Class load or size
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Class load or size
Case Law: W. Hartford Ed. Ass'n v. Dayson DeCourcy, 295 A.2d 526, 537 (1972).
"The legislative intent is clear that class size and teacher load are mandatory subjects of negotiation."

District of Columbia: Class load or size
Statute: D.C. Code. § 1-617.08(b)
"(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Class load or size
Case Law: Hillsborough Classroom Teachers Ass'n, Inc. v. Sch. Bd. of Hillsborough County, 423 So. 2d 969, 969 (Fla. App. 1 Dist., 1982).
"We agree with the Commission's view that the setting of class size and minimum staffing levels are policy decisions which are incorporated in the term “standards of service to be offered to the public” which are to be unilaterally set by the public employer, pursuant to § 447.209, Florida Statutes, and thus are not mandatorily bargainable." However, negotiations relating to class size may take place where it impacts wages, hours, or terms or conditions of employment.

Idaho: Class load or size
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Class load or size
Statute: 115 Il. Comp. Stat. Ann. 5/4.5 (a)
"Notwithstanding the existence of any other provision in this Act or other law, collective bargaining between an educational employer... and an exclusive representative of its employees may include any of the following subjects: Decisions to determine class size, class staffing and assignment, class schedules, academic calendar, length of the work and school day..., length of the work and school year..., hours and places of instruction, or pupil assessment policies."

Indiana: Class load or size
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Class load or size
Case Law: In re Sioux City Community School Dist. v. Sioux City Educ. Ass'n, 99 PERB 5994.
"As we have previously held, class size or pupil/teacher ratio is solely within the province of management, and, hence, a permissive subject of bargaining."

Statute: Iowa Code Ann. §20.9(1)

"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Class load or size
Statute: Kan. Stat. Ann. §72-2218(l)(1)
"Terms and conditions of professional service" means (A) salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work; vacation allowance, holiday, sick, extended, sabbatical, and other leave, and number of holidays; retirement; insurance benefits; wearing apparel; pay for overtime; jury duty; grievance procedure; including binding arbitration of grievances; disciplinary procedure; resignations; termination and nonrenewal of contracts; reemployment of professional employees; terms and form of the individual professional employee contract; probationary period; professional employee appraisal procedures; each of the foregoing being a term and condition of professional service, regardless of its impact on the employee or on the operation of the educational system..."

Case Law: Nat'l Ed. Ass'n of Shawnee Mission, Inc. v. Bd. of Ed. of Shawnee Mission Unified Sch. No. 512, Johnson County, 212 Kan. 741, 752, 512 P.2d 426, 435 (1973).
"This, to our mind, eliminates those matters of the NEA's second list such as curriculum and class size. While these may be matters of 'concern' to the teacher, we see the legislative action as a deliberate effort to remove such concepts from the area of negotiability."

Maine: Class load or size
Case Law: City of Biddeford by Bd. of Ed. v. Biddeford Teachers Ass'n, 304 A.2d 387, 420 (Me. 1973).
"...'class size' must be deemed to be an integral complex of 'educational policies' and 'working conditions'-incapable of separation to allow the 'working conditions' factors to be negotiated in isolation and (2) with 'class size' thus treated as an inseparable unit, it cannot, as a unit, qualify for collective bargaining and binding arbitration because the weight of the 'educational policies' factors contained in it are sufficiently heavy to override the impacts upon the 'working conditions' of teachers."

Maryland: Class load or size
Statute: Md. Code Ann., Educ:§ 6-408 (c)(3)
"A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law."

Massachusetts: Class load or size
Statute: Mass. Gen. Laws ch. 150E §6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment...including without limitation, in the case of teaching personnel employed by a school committee, class size and workload..."

Case Law: Boston Teachers Union, Local 66, Am. Federation of Teachers (AFL-CIO) v. School Committee of Boston, 350 N.E.2d 707, 714 (Mass., 1976).
"We start with the belief that the size of a class and required hours of teaching are 'conditions of employment' and are proper subjects of a collective bargaining agreement...."

Minnesota: Class load or size
Case Law: Foley Educ. Ass'n v. Independent School Dist., 353 N.W. 2d 917 (Minn. 1984).
School district's decision to increase teachers' class assignment from five to six hours per day and to decrease teacher preparation time were mandatory subjects of bargaining, since forcing teachers to teach more classes and more students for the same rate of pay affected their terms of employment.

Nebraska: Class load or size
Case Law: Sch. Dist. of Seward Ed. Ass'n v. Sch. Dist. of Seward in Seward County, 199 N.W.2d 752, 759 (Neb. 1972).
"While there are many nebulous areas that may overlap working conditions, boards should not be required to enter negotiations on matters which are predominately matters of educational policy, management prerogatives, or statutory duties of the board of education... we would consider the following to be exclusively within the management prerogative:... to control transfers and assignments...; and to determine the curriculum, class size, and types of specialists to be employed."

Nevada: Class load or size
Case Law: Clark County Sch. Dist. v. Local Gov't Emp. Mgmt. Relations Bd., 530 P.2d 114, 118 (Nev. 1974).
"1. Class size (dealing with the maximum number of pupils per class.) The EMRB found this proposal negotiable on the ground that class size is significantly related to wages, hours, and working conditions inasmuch as student density directly affects a teacher's workload including the required hours of preparation and post-class evaluation; affects the teacher's control and discipline problems; affects the teacher's teaching and communication techniques; and affects the total amount of work required for a fixed compensation."

"7. Teacher load (dealing with teacher preparation time, number of classes, number of different assignments, compensation for substitute teaching by fulltime teacher, and time for curriculum development and parent conferences). The EMRB found this proposal negotiable on the ground that where a teacher works, the amount of work done and the kind of work done is part of a teacher's working conditions. The remuneration for overtime for extra work assignments is a matter of wages and hours."

New Hampshire: Class load or size
Case Law: City of Portsmouth v. Ass'n of Portsmouth Teachers, NEA-N.H.,597 A.2d 1063,1066 (N.H. 1991).

Class size and teacher load are appropriate subjects for collective bargaining.

New Jersey: Class load or size
Case Law: Rutgers, State University v. Rutgers Council of AAUP Chapters, 606 A.2d 822, 829 (N.J. Super. App. Div., 1992).
"These general guidelines have led to the recognition that decisions on matters such as compensation, hours, workloads, sick leave, physical accommodation and grievances procedures are, unless preempted by statute or regulation, mandatorily negotiable."

New York: Class load or size
Case Law: Board of Ed., Greenburgh Central School Dist. No. 7 v. Greenburgh Teachers Federation, Local 1788 of Am. Federation of Teachers, AFL-CIO (2 Dept. 1976) 51 A.D.2d 1039 (N.Y. App. DIv. 1976).

"...a board of education may not be compelled to negotiate as to issue of class size, but there is no bar to voluntary negotiations thereon if the board is so inclined."

North Dakota: Class load or size
Case Law: Fargo Educ. Ass'n v Fargo Public School District 1, 291 N.W.2d 267 (N.D. 1979).
Court ordered on all subjects other than those outlined in statute, including class size, reduction in force procedure, curriculum, evaluation policies, transfer procedures, leave procedures, grievance procedures and binding impasse arbitration parties can agree to negotiate if they choose.

Oregon: Class load or size
Statute: Or. Rev. Stat. Ann. § 243.650(7)(e)
"For school district bargaining, employment relations' excludes class size, the school or educational calendar, standards of performance or criteria for evaluation of teachers, the school curriculum..."

Case Law: Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 24 Or. App. 751, 753, 547 P.2d 647, 648 modified, 25 Or. App. 407, 549 P.2d 1141 (1976)
"The following are among the subjects which ERB found to be permissive, but not mandatory, subjects for bargaining: class size, course assignments, transfer procedures, the school calendar, the selection of substitute teachers and the use of teachers' aides."

"The following are among the subjects which ERB found to be mandatory subjects for bargaining: daily teaching loads, required planning periods, final responsibility for grading, and a just cause provision for teacher reprimand."

Pennsylvania: Class load or size
Case Law: State Coll. Ed. Ass'n v. Pennsylvania Labor Relations Bd., 306 A.2d 404, 413-14 (1973) overruled by Borough of Wilkinsburg v. Sanitation Dept. of Borough of Wilkinsburg, , 345 A.2d 641 (1975).
"2. The provision for time during the school day for team planning of required innovative programs;... 6. Eliminating the requirement that teachers perform nonteaching duties such as but not limited to hall duty, bus duty, lunch duty, study hall, and parking lot duties;9. Eliminating the requirement that teachers chaperone athletic activities;... 15. Provision for maximum class sizes; 16. Provision that the Association will be consulted in determining the school calendar;... 21. Provision that secondary teachers not be required to teach more than 25 periods per week and have at least one planning period per day; and 22. A provision that elementary teachers shall have one period or fifteen minutes per day for planning purposes. Although there is some overlapping, we conclude that [these] items are not bargainable."

South Dakota: Class load or size
AG Opinion: 1972 WL 238898 (S.D.A.G. Mar. 21, 1972)
"[Smaller class size] and [teacher loads] are not negotiable items, as decreasing class sizes would require the building of additional class units and the hiring of additional teachers."

Case Law: Rapid City Educ. Ass'n v. Rapid City Area Sch. Dist. No. 51-4, 376 N.W.2d 562, 564 (S.D. 1985)
"We held that as so defined, SDCL 3-18-3 did not require that a school board negotiate with respect to elementary conferences, teachers' aides, elementary planning, class size, audio-visual expansion, budget allowances, school-wide guidance and counseling program, and mandatory retirement of administrators."

Tennessee: Class load or size
Statute: Tenn. Code Ann. § 49-5-608 (b)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:..."

Wisconsin: Class load or size
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

Case Law: City of Beloit by Beloit City Sch. Bd. v. Wisconsin Employment Relations Comm'n, 73 Wis. 2d 43, 242 N.W.2d 231 (1976)
The Wisconsin Supreme Court has held that all of the following are mandatory subjects of bargaining between a school board and a teachers' union: evaluation procedures that affect teachers' job security, layoffs resulting from a decline in student population, school calendar, and the impact of class size.

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Extracurricular duties
Case Law: Kenai Sch. District v Kenai Educ. Ass'n 572P.2d 416, 424 (Alaska 1977).
"Those items which are negotiable are: Extra Curricular and Extra Duty."

Arkansas: Extracurricular duties
Statute: Ark. Code Ann. § 6-17-201(c)(7)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (7) Extra duties;"

Statute: Ark. Code Ann. § 6-17-202(a)
"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

Colorado: Extracurricular duties
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Extracurricular duties
Case Law: W. Hartford Ed. Ass'n v. Dayson DeCourcy, 1295 A.2d 526, 537 (1972).
"There can be no doubt that the defendant board of education alone is empowered to determine whether there shall be extracurricular activities and what such activities shall be. The second and third issues involving assignment of teachers to such activities and the question of compensation for such extracurricular activities affect salaries and other conditions of employment and are to that extent only, mandatory subjects of negotiation."

District of Columbia: Extracurricular duties
Statute: D.C. Code. § 1-617.08(b)
"(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Idaho: Extracurricular duties
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Extracurricular duties
Case Law: W. Chicago Sch. Dist. 33 v. Illinois Educ. Labor Relations Bd., 578 N.E.2d 232, 236 (1991).
"The establishment of in-service days, addition of certain classes to the schedule, and pay for extracurricular activities do not involve matters of critical importance to management... The changes instituted by School District certainly do not maintain the status quo as School District argues, and clearly fall within the definition set forth in section 10(a) of the Act for subjects requiring mandatory bargaining."

Indiana: Extracurricular duties
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Extracurricular duties
Statute: Iowa Code Ann. §20.9(1)

"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Extracurricular duties
Statute: Kan. Stat. Ann. § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kan. Stat. Ann. § 72-2218(l)(1) & Kan. Stat. Ann. § 72-2218(o)
Statute: Kan. Stat. Ann. §72-2218(l)(1)
"Terms and conditions of professional service" means (A) salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work; vacation allowance, holiday, sick, extended, sabbatical, and other leave, and number of holidays; retirement; insurance benefits; wearing apparel; pay for overtime; jury duty; grievance procedure; including binding arbitration of grievances; disciplinary procedure; resignations; termination and nonrenewal of contracts; reemployment of professional employees; terms and form of the individual professional employee contract; probationary period; professional employee appraisal procedures; each of the foregoing being a term and condition of professional service, regardless of its impact on the employee or on the operation of the educational system...(o) "supplemental contracts" means contracts for employment duties other than those services covered in the principal or primary contract of employment of the professional employee and shall include, but to be limited to, such services as coaching, supervising, directing and assisting extracurricular activities..."

Nebraska: Extracurricular duties
Case Law: Sch. Dist. of Seward Ed. Ass'n v. Sch. Dist. of Seward in Seward County, 199 N.W.2d 752, 759 (Neb. 1972).
"While there are many nebulous areas that may overlap working conditions, boards should not be required to enter negotiations on matters which are predominately matters of educational policy, management prerogatives, or statutory duties of the board of education... we would consider the following to be exclusively within the management prerogative:... to control transfers and assignments...; to determine what extracurricular activities may be supported or sponsored...and to determine the curriculum, class size, and types of specialists to be employed."

New Hampshire: Extracurricular duties
Case Law: Appeal of Berlin Educ. Ass'n, 485 A.2d 1038 (N.H. 1984).
Compensation for extra curricular duties is a mandatory subject of bargaining.

New Jersey: Extracurricular duties
Statute: N.J. Stat. Ann. § 34:13A-23
"All aspects of assignment to, retention in, dismissal from, and any terms and conditions of employment concerning extracurricular activities shall be deemed mandatory subjects for collective negotiations between an employer and the majority representative of the employees in a collective bargaining unit..."

Oklahoma: Extracurricular duties
Case Law: Mindemann v. Indep. Sch. Dist. No. 6 of Caddo County, 771 P.2d 996, 1002 (Okla. 1989).
"We hence find a school board has the plenary power to discontinue the extra-duty assignments of a tenured teacher. Such power is essentially managerial in nature and not bargainable."

Oregon: Extracurricular duties
Case Law: Gresham Grade Teachers Association v. Gresham Grade School District No. 4, 630 P.2d 1304 (Or. App., 1981).
Filling or creating extra curricular positions is a permissive subject of bargaining.

Case Law: Springfield Education Association v. Springfield School District No. 19, 547 P.2d 647 (Or. App., 1976).
Nonteaching duties is permissive subject for bargaining.

Pennsylvania: Extracurricular duties
Case Law: State Coll. Ed. Ass'n v. Pennsylvania Labor Relations Bd., 306 A.2d 404, 413-14 (1973) overruled by Borough of Wilkinsburg v. Sanitation Dept. of Borough of Wilkinsburg, , 345 A.2d 641 (Pa. 1975).
"2. The provision for time during the school day for team planning of required innovative programs;... 6. Eliminating the requirement that teachers perform nonteaching duties such as but not limited to hall duty, bus duty, lunch duty, study hall, and parking lot duties;?9. Eliminating the requirement that teachers chaperone athletic activities;... 15. Provision for maximum class sizes; 16. Provision that the Association will be consulted in determining the school calendar;... 21. Provision that secondary teachers not be required to teach more than 25 periods per week and have at least one planning period per day; and 22. A provision that elementary teachers shall have one period or fifteen minutes per day for planning purposes. Although there is some overlapping, we conclude that [these] items are not bargainable."

Rhode Island: Extracurricular duties
Case Law:Sacco v. Cranston School Dept.,53 A.3d 147, 149 (R.I. 2012).
"...extracurricular work that traditionally is performed by teachers is not professional in nature and, consequently, is not arbitrable under the CBA."

South Dakota: Extracurricular duties
AG Opinion: 1972 WL 238898 (S.D.A.G. Mar. 21, 1972)
"[More time for lesson planning during the day] and [relief from playground, hallway, and study hall duties] relate to work which is delegated to the employees. Control of work is a management prerogative which is not negotiable."

Tennessee: Extracurricular duties
Statute: Tenn. Code Ann. § 49-5-608 (b)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:..."

West Virginia: Extracurricular duties
Case Law:State ex rel. Hawkins v. Tyler County Bd. of Educ., 275 S.E.2d 908, 915 (W. Va. 1980).
"County boards of education may negotiate with teachers and place conditions, such as assumption of extracurricular duties.."

Wisconsin: Extracurricular duties
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Hours
Statute: Alaska Stat. Ann. § 23.40.070
"The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by...(2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment;"

Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 422 (Alaska 1977).
"At the outset it appears to us that questions concerning salaries, the number of hours to be worked, and amount of leave time are all so closely connected with the economic well-being of the individual teacher that they must be held negotiable under our statutes."

Arizona: Hours
Attorney General Opinion: Ariz. Att’y Gen. Op. I06-004
"The opinion’s use of the term “meet and confer” accords with the definition expressed in City of Phoenix v. Phoenix Employment Relations Board, 145 Ariz. 92, 94-95, 699 P.2d 1323, 1325-26 (App. 1985). The term “meet and confer” in the realm of public employment denotes a process by which public employer and the authorized employee representative meet and confer in good faith with respect to certain topics, which may include wages, hours, and other terms of employment. Id. at 94, 699 P.2d at 1325. Although a memorandum of understanding may result from the process, no binding agreement may be the product of such negotiation; final decision-making authority is necessarily reserved to the public employer. Id. at 95, 699 P.2d at 1326."

California: Hours
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment."

Colorado: Hours
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Hours
Statute:Conn. Gen. Stat. Ann.§10-153d(b)(1)
"The local or regional board of education...shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate...(1) "hours" shall not include length of student school year, scheduling of student school year, length of student school day, length and number of parent teacher conferences and scheduling of student school day-except for scheduling and length of teacher lunch periods and teacher preparation periods..."

Delaware: Hours
Statute: Del. Code. Ann. tit.14 § 4002 (f)
"Collective bargaining means the performance of the mutual obligation...to confer and negotiate in good faith with respect to terms and conditions of employment."

Statute: Del. Code. Ann. tit.14 § 4002 (t)
"Terms and conditions of employment means matters concerning wages, salaries, donated leave program or programs in Compliance with Chapter 13 of this title, hours, grievance procedures and working conditions..."

District of Columbia: Hours
Statute: D.C. Code: § 1-617.17 (b)
"As provided in this section, the Mayor, the Board of Education,...shall meet with labor organizations which have been authorized to negotiate compensation at reasonable times...to negotiate in good faith with respect to salary, wages, health benefits, with-in grade increases, overtime pay, education pay, shift differential, premium pay, hours and any other compensation matters."

Florida: Hours
Statute: Fla. Stat. Ann. 447.309 (1)
"After an employee organization has been certified ...the bargaining agent for the organization and the chief executive officer of the appropriate public employer or employees jointly, shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit."

Hawaii: Hours
Statute: Haw. Rev. Stat. § 89-9(a)
"The employer and the exclusive representative shall meet at reasonable times... and shall negotiate in good faith with respect to wages, hours, the amounts of contribution by the state and respective counties to Hawaii employer-union health benefits trust fund.. and other terms and conditions of employment that are subject to collective bargaining and that are to be embodied in a written agreement ..."

Idaho: Hours
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Hours
Statute: 115 Il. Comp. Stat. Ann. 5/3
Representatives selected by educational employees in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all the employees in such unit to bargain on wages, hours, terms and conditions of employment."

Case Law: Bd. of Educ. of Sesser-Valier Cmty. Unit Sch. Dist. No. 196 v. Illinois Educ. Labor Relations Bd., 620 N.E.2d 418, 421 (1993).
"Section 10(a) of the Act requires educational employees to bargain in good faith with the exclusive representative of the employees over wages, hours, and other terms and conditions of employment. (Ill.Rev.Stat.1991, ch. 48, par. 1710(a).) Terms and conditions of employment that intimately and directly affect the work and welfare of employees include wages, health insurance, pension contributions, life insurance, medical insurance, and hours."

Indiana: Hours
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Hours
Statute: Iowa Code Ann. §20.9(1)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Hours
Statute:Kan. Stat. Ann § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kan. Stat. Ann § 72-2218(l)(1)
"Terms and conditions of professional service" means (A) salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work..."

Maine: Hours
Statute: Me. Revi. Stat. Ann. tit. § 26-965 (1)(C)
"To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration..."

Maryland: Hours
Statute: Md. Code Ann., Educ:§ 6-408 (c)(1)
"(c)(1) On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to salaries, wages, hours, and other working conditions, including procedures regarding employee transfers and assignments."

Massachusetts: Hours
Statute: The General Laws of Massachusetts: Title XXI, 150E-6
"The employer and the exclusive representative shall meet at reasonable times...and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment."

Case Law: Boston Teachers Union, Local 66, Am. Federation of Teachers (AFL-CIO) v. School Committee of Boston, 350 N.E.2d 707, 714 (Mass., 1976).
"We start with the belief that the size of a class and required hours of teaching are 'conditions of employment' and are proper subjects of a collective bargaining agreement...."

Michigan: Hours
Statute: Michigan Compiled Laws: 423.215(1)
"A public employer shall bargain collectively with representatives of its employees ... and confer in good faith with respect to wages, hours and terms and conditions of employment..."

Minnesota: Hours
Statute: Minn. Stat. § 179A.03(19)
"'Terms and conditions of employment' means the hours of employment.."

Missouri: Hours
Mo. Rev. Stat. 105.580
Within eight weeks after a labor organization is certified as the exclusive bargaining representative for the public employees in a bargaining unit as described in section 105.575, representatives of the public body, designated by the public body, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

Montana: Hours
Statute: Mont. Code. Ann. §39-31-305 (2)
"...to bargain collectively is the performance of mutual obligation ... to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment..."

Nebraska: Hours
Statute: Neb. Rev. Stat. §48-816(1)(a)
"To bargain in good faith means ... to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment..."

Nevada: Hours
Statute: Nev. Rev. Stat. Ann. § 288.150 (2)(g)
"The scope of mandatory bargaining is limited to... (g) Total hours of work required of an employee on each workday or workweek..."

New Hampshire: Hours
Statute: N.H. Rev. Stat. Ann. §273-A:1(XI)
"Terms and conditions of employment means wages, hours and other conditions of employment other than managerial policy within the prerogative of the public employer..."

New Jersey: Hours
Case Law: Rutgers, State University v. Rutgers Council of AAUP Chapters, 606 A.2d 822, 829 (N.J. Super. App..Div. 1992).
"These general guidelines have led to the recognition that decisions on matters such as compensation, hours, workloads, sick leave, physical accommodation and grievance procedures are, unless preempted by statute or regulation, mandatorily negotiable."

New Mexico: Hours
Statute: N.M. Stat. Ann. § 10-7E-17(A)(1)
"...public employers and exclusive representatives: shall bargain in good faith on wages, hours and all other terms and conditions of employment and other issues agreed to by the parties."

New York: Hours
Statute: N.Y. Civ. Serv. Law § 204(3)
"For the purposes of this article, to negotiate collectively is performance of mutual obligation of the public employer and a recognized certified employee organization to meet at reasonable times and confer in good faith with respect to wages, hours, and terms and conditions of employment..."

Case Law: School Bds. Ass'n v. Board of Education, 347 N.E.2d 568 (N.Y. 1976).
The number of hours of instruction is a proper subject of negotiations.

North Dakota: Hours
Statute: N.D. Cent. Code § 15.1-16-09
"A representative organization's scope of representation may include matters relating to....employer-employee relations, including salary and working hours."

Ohio: Hours
Statute: Ohio Rev. Code Ann. § 4117.08 (A)
"All matters pertaining to wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code."

Oklahoma: Hours
Statute: Okla. Stat. Ann. tit. 70, § 509.6
"The board of education and the representatives of the organization must negotiate in good faith on wages, hours, fringe benefits and other terms and conditions of employment."

Oregon: Hours
Statute: Or. Rev. Stat. Ann. § 243.650(7)(a)
"'Employment relations' includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Hours
Statute: 43 Pa. Stat. Ann. § 1101.701
"Collective bargaining is the performance of the mutual obligation of the public employer and the representative of the public employes to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder and the execution of a written contract incorporating any agreement reached but such obligation does not compel either party to agree to a proposal or require the making of a concession."

Case Law: State Coll. Ed. Ass'n v. Pennsylvania Labor Relations Bd., 306 A.2d 404, 412 (1973) overruled by Borough of Wilkinsburg v. Sanitation Dept. of Borough of Wilkinsburg, 345 A.2d 641 (Pa. 1975).
"How many hours one is going to work; what periods of time will be covered; the starting time; the ending time; and the rest or time out from work periods are all included in the commonly understood word hours'. These items are the subject of collective bargaining under Section 701, but the question of whether a teacher shall be present at a parent-teacher meeting held in the evening would be an example of school board policy affecting hours and would be subject to the meet and discuss requirements of Section 702."

Rhode Island: Hours
Statute: R.I. Gen. Laws Ann. § 28-9.3-2(a)
"The certified teachers in the public school system in any city, town, or regional school district have the right to negotiate professionally and to bargain collectively with their respective school committees and to be represented by an association or labor organization in the negotiation or collective bargaining concerning hours, salary, working conditions, and all other terms and conditions of professional employment."

South Dakota: Hours
Statute: S.D. Codified Laws § 3-18-3
"Representatives designated or selected for the purpose of formal representation by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all employees in such unit for the purpose of representation in respect to rates of pay, wages, hours of employment, or other conditions of employment..."

Tennessee: Hours
Statute: Tenn. Code Ann. § 49-5-608 (b)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:..."

Vermont: Hours
Statute: Vt. Stat. Ann. tit. 16, § 2023
"The arbitrator shall have the power to determine all issues remaining in dispute involving wages, hours and conditions of employment as defined by this chapter and any other mutually agreed upon matters not in conflict with law."

Washington: Hours
Statute: Wash. Rev. Code Ann. § 41.59.020
"The term 'collective bargaining' or 'bargaining' means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining."

West Virginia: Hours
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees, including, but not limited to, wages, hours of employment, working conditions, fringe benefits, transfers, assignments, and any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Wisconsin: Hours
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Length of preparation periods
Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are negotiable are... 26. Teacher Preparation Periods."

Arkansas: Length of preparation periods
Statute: Ark. Code Ann. § 6-17-114(a)(2)(C)
"A school district shall be exempt from the provisions of this subdivision (a)(2) if it has collectively negotiated a contract through a local teachers' association and the collectively negotiated contract expressly provides for a teacher's daily planning period."

Colorado: Length of preparation periods
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Length of preparation periods
Statute: Connecticut General Statutes: Title 10, Chapter 166, Sec 10-153d(b)
"The local or regional board of education...shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate...(1) "hours" shall not include length of student school year, scheduling of student school year, length of student school day, length and number of parent teacher conferences and scheduling of student school day-except for scheduling and length of teacher lunch periods and teacher preparation periods."

District of Columbia: Length of preparation periods
Statute: D.C. Code. § 1-617.08(b)
"(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Idaho: Length of preparation periods
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Indiana: Length of preparation periods
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Length of preparation periods
Case Law: In re Sioux City Community School Dist. v. Sioux City Educ. Ass'n, 99 PERB 5994.
"Likewise, we have held that...number of teacher preparations are permissive subjects of bargaining."

Statute: Iowa Code Ann. §20.9(1)

"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Maine: Length of preparation periods
Lewiston Education Association v. Lewiston School Department MLRB No. 08-IR-01 (interpretive ruling issued January 15, 2009 at 4-6). Teacher preparation periods and instructional time are issues of educational policy not subject to collective bargaining.

Minnesota: Length of preparation periods
Case Law: Foley Educ. Ass'n v Independent School District 353 N.W. 2d 917 (Minn. 1984).
School district's decision to increase teachers' class assignment from five to six hours per day and to decrease teacher preparation time were mandatory subjects of bargaining, since forcing teachers to teach more classes and more students for the same rate of pay affected their terms of employment.

Missouri: Length of preparation periods
Mo. Rev. Stat.105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Montana: Length of preparation periods
updated 1/2019; no changes; KL

Nevada: Length of preparation periods
Statute: Nev. Rev. Stat. Ann. § 288.150(s)
"The scope of mandatory bargaining is limited to... (s) Teacher preparation time..."

Case Law: Clark County Sch. Dist. v. Local Gov't Emp. Mgmt. Relations Bd.,530 P.2d 114, 118-19 (Nev. 1974).
"7. Teacher load (dealing with teacher preparation time, number of classes, number of different assignments, compensation for substitute teaching by fulltime teacher, and time for curriculum development and parent conferences). The EMRB found this proposal negotiable on the ground that where a teacher works, the amount of work done and the kind of work done is part of a teacher's working conditions. The remuneration for overtime for extra work assignments is a matter of wages and hours."

New York: Length of preparation periods
Case Law: New York City School Boards Ass'n, Inc. v. Board of Ed. of City School Dist. of City of New York, 375 N.Y.S.2d 978,897 (S.Ct. Kings County, 1975).
"There can be no argument with the proposition that under these circumstances the preparation periods were a viable condition of employment which were negotiable and binding..."

Ohio: Length of preparation periods
Case Law: In re Montgomery County Joint Vocational School Dist Bd of Ed, SERB 89-017 (7-14-89).
Mandatory subjects of collective bargaining that must be negotiated by a board of education on union demand include planning time. http://www.serb.ohio.gov/pdf/opinions/1989/1989-OPN-00-0017.pdf

Oregon: Length of preparation periods
Case Law: Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 547 P.2d 647, 648 (1976).
"The following are among the subjects which ERB found to be mandatory subjects for bargaining: daily teaching loads, required planning periods, final responsibility for grading, and a just cause provision for teacher reprimand."

Pennsylvania: Length of preparation periods
Case Law: State Coll. Ed. Ass'n v. Pennsylvania Labor Relations Bd., 306 A.2d 404, 413-14 (1973) overruled by Borough of Wilkinsburg v. Sanitation Dept. of Borough of Wilkinsburg, , 345 A.2d 641 (Pa. 1975).
"2. The provision for time during the school day for team planning of required innovative programs;... 6. Eliminating the requirement that teachers perform nonteaching duties such as but not limited to hall duty, bus duty, lunch duty, study hall, and parking lot duties;?9. Eliminating the requirement that teachers chaperone athletic activities;... 15. Provision for maximum class sizes; 16. Provision that the Association will be consulted in determining the school calendar;... 21. Provision that secondary teachers not be required to teach more than 25 periods per week and have at least one planning period per day; and 22. A provision that elementary teachers shall have one period or fifteen minutes per day for planning purposes. Although there is some overlapping, we conclude that [these] items are not bargainable."
"2. The provision for time during the school day for team planning of required innovative programs;... 6. Eliminating the requirement that teachers perform nonteaching duties such as but not limited to hall duty, bus duty, lunch duty, study hall, and parking lot duties;?9. Eliminating the requirement that teachers chaperone athletic activities;... 15. Provision for maximum class sizes; 16. Provision that the Association will be consulted in determining the school calendar;... 21. Provision that secondary teachers not be required to teach more than 25 periods per week and have at least one planning period per day; and 22. A provision that elementary teachers shall have one period or fifteen minutes per day for planning purposes. Although there is some overlapping, we conclude that [these] items are not bargainable."

South Dakota: Length of preparation periods
AG Opinion: 1972 WL 238898 (S.D.A.G. Mar. 21, 1972)
"[More time for lesson planning during the day] and [relief from playground, hallway, and study hall duties] relate to work which is delegated to the employees. Control of work is a management prerogative which is not negotiable."

Tennessee: Length of preparation periods
Statute: Tenn. Code Ann. § 49-5-608 (b)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:..."

Wisconsin: Length of preparation periods
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Arizona: Management rights
Case Law: Bd. of Ed. of Scottsdale High Sch. Dist. No. 212 v. Scottsdale Ed. Ass'n, 498 P.2d 578, 585 (1972) vacated, 509 P.2d 612 (1973).
"... the power to manage and control the affairs of the school district lies exclusively with the board of trustees, except where that power has been by specific legislation granted to someone else, the Board may not delegate that authority without specific legislative authorization."

Colorado: Management rights
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Management rights
Case Law: W. Hartford Ed. Ass'n v. Dayson DeCourcy, 295 A.2d 526, 539 (1972).
"In this case the Supreme Court of Connecticut views a management rights clause as a condition of employment and therefore a mandatory subject of bargaining."

Delaware: Management rights
Statute: Del. Code. Ann. tit.14 § 4005
"A public school employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas as discretion or policy functions and programs of the public school employer, its standards of services, overall budget, utilization of technology, the organizational structure, curriculum, discipline, and the selection and direction of personnel."

District of Columbia: Management rights
Statute: D.C. Code: § 1-617.08
"(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations: (1) To direct employees of the agencies; (2) To hire, promote, transfer, assign, and retain employees in position within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause; (3) To relieve employees of duties because of lack of work or other legitimate reasons....(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Case Law: In re: American Federation of Gov't Employees,AFL-CIO Local 2978 v. D.C. Dep't. of Health, PERB Case No. 11-U-33 (2012).
"The Board has held that 'an exercise of management rights does not relieve the employer of its obligation to bargain over impact and effect of, and procedures concerning, the implementation of [that right].'"

Hawaii: Management rights
Statute: Hawaii Statutes: 89-9(d)
"The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or that would interfere with the rights and obligations of a public employer to: (1) Direct employees; (2) Determine qualifications, standards for work, and the nature and contents of examinations; (3) Hire, promote, transfer, assign, and retain employees in positions; (4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause; (5) Relieve an employee from duties because of lack of work or other legitimate reason; (6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations; (7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and (8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies."

Idaho: Management rights
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Management rights
Statute: 115 Il. Comp. Stat. Ann. 5/4
"Employers shall not be required to bargain over matters of inherent managerial policy, which shall include such areas of discretion or policy as the functions of the employer, standards of services, its overall budget, the organizational structure and selection of new employees and direction of employees."

Indiana: Management rights
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Management rights
Statute: Iowa Code Ann. § 20.7
"Public employers shall have...the right to...[d]irect the work of its public employees,' '[m]aintain the efficiency of governmental operations," and "[d]etermine and implement methods, means, assignments and personnel by which the public employer's operations are to be conducted.”

Case Law: Waterloo Educ. Ass'n v. Iowa Public Employment Relations Bd., 740 N.W.2d 418, 421 (Iowa 2007).

"Section 20.7 of PERA states that public employers shall have 'the exclusive power, duty, and right to,' among other things, '[d]irect the work of its public employees,' '[m]aintain the efficiency of governmental operations,' and '[d]etermine and implement methods, means, assignments and personnel by which the public employer's operations are to be conducted.' Id. § 20.7. Thus, Iowa's PERA contains both a provision establishing mandatory collective bargaining on specified matters and a contrapuntal management rights clause preserving exclusive, public management powers in traditional areas."

Massachusetts: Management rights
Case Law: School Committee of Hanover v. Curry, 325 N.E.2d 282,287 (Mass. App. Ct. 1975), appeal decided,
343 N.E.2d 144 (Mass. 1976).
"There is a legitimate area of managerial prerogative over educational policy which is committed to the school committee and which it cannot bargain away, as it could if it were a private party not subject to public control." However, certain areas that limit the managerial rights of employers (such as with respect to wages and hours) are permissible.

Michigan: Management rights
Case Law: Bay City Education Ass'n v Bay City Public Schools, 430 Mich. 370, 422 N.W. 2d, 504, 510 (1988).
"A local school board must be able to exercise its management power in order to prudently discharge its fiscal responsibilities while also safeguarding the best interests of the students educated in the districts....(the board's decision) was an educational policy decision within its managerial discretion and was not a 'term and condition of employment' subject to the duty to bargain..."

Minnesota: Management rights
Statute: Minn. Stat. § 179A.07(1)
"A public employer is not required to meet and negotiate on matters of inherent managerial policy."

Missouri: Management rights
Statute: Mo. Rev. Stat. 105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Nebraska: Management rights
Case Law: Sch. Dist. of Seward Ed. Ass'n v. Sch. Dist. of Seward in Seward County, 199 N.W.2d 752, 759 (1972).
"While there are many nebulous areas that may overlap working conditions, boards should not be required to enter negotiations on matters which are predominately matters of educational policy, management prerogatives, or statutory duties of the board of education..with this public policy in mind, school districts and teacher associations should negotiate in good faith within the ambit of their respective responsibilities."

Nevada: Management rights
Statute: Nevada Revised Statutes: § 288.150
"(3) Those subjects matters not within the scope of mandatory bargaining and which are reserved to the local governmental employer without negotiations include...(c) The right to determine (1) Appropriate staffing levels and work performance standards...(2) The content of the workday...(3) The quality and quantity of services to be offered to the public; and (4) The means and methods of offering those services."

New Hampshire: Management rights
Statute: N.H. Rev. Stat. Ann. § 273-A:1(XI)
"Terms and conditions of employment means wages, hours and other conditions of employment other than managerial policy within the prerogative of the public employer..."

New Jersey: Management rights
Regulation: N.J. Admin. Code §6A:10-1.3
"No collective bargaining agreement entered into after July 1, 2013, shall conflict with the
educator evaluation system established pursuant to these rules or any other specific statute or regulation, nor shall topics subject to bargaining involve matters of educational policy or managerial prerogatives."

New Mexico: Management rights
Statute: N.M. Stat. Ann. § 10-7E-6
"Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may: A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees; B. determine qualifications for employment and the nature and content of personnel examinations; C. take actions as may be necessary to carry out the mission of the public employer in emergencies; and D. retain all rights not specifically limited by a collective bargaining agreement or by the Public Employee Bargaining Act."

Ohio: Management rights
Statute: Ohio Rev. Code Ann. § 4117.08
"The employer is not required to bargain on subjects reserved to the management and direction of the governmental unit except as affect wages, hours, terms and conditions of employment, and the continuation,modification, or deletion of an existing provision of a collective bargaining agreement."

Oklahoma: Management rights
Case Law: Raines v. Indep. Sch. Dist. No. 6 of Craig County, 796 P.2d 303, 304 (Okla. 1990).
"First, a school board's managerial prerogative cannot be bargained away."

Pennsylvania: Management rights
Statute: 43 Pa. Stat. Ann. § 1101.702
"Public employers shall not be required to bargain over matters of inherent managerial policy, which shall include but shall not be limited to such areas of discretion or policy as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, the organizational structure and selection and direction of personnel."

Rhode Island: Management rights
Case Law: Town of North Kingstown v. International Ass'n of Firefighters, Local 1651 AFL-CIO, 107 A.3d 304 (R.I. 2015).
The duty to negotiate, is limited to the obligation to negotiate over the effects of the decision that is within the prerogative of management.

South Dakota: Management rights
Statute: S.D. Codified Laws § 13-8-39
"As provided and limited by law, the school board has general charge, direction and management of the schools of the district and control and care of all property belonging to it."

Tennessee: Management rights
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (b)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects... (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service;"

Washington: Management rights
Case Law: County Law Enforcement Officers' Guild, 297 P.3d 745, 750 (Wash. Ct. App. 2013).
"Permissive subjects of bargaining include “[m]anagerial decisions that only remotely affect ‘personnel matters', and decisions that are predominately ‘managerial prerogatives.’" ”

Wisconsin: Management rights
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Transfer/teacher reassignment
Statute: Alaska Statute: 23.40.070
"...and the employer's personnel policies affecting the working conditions of the employees"

Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are negotiable are... 3. Grievance Procedures... 5. Salary Schedule... 7. Extra Curricular and Extra Duty... 10. Life Insurance 11. Health Insurance 12. Liability Insurance... 26. Teacher Preparation Periods... 31. Teacher Transfer 32. Teacher Retention... 34. Reduction of Staff"

California: Transfer/teacher reassignment
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Transfer/teacher reassignment
Statute: Colo. Rev. Stat. Ann.§8-2-101
It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Transfer/teacher reassignment
Case Law:Board of Police Com'rs of City of New Haven v. White, 370 A.2d 1070, 1074 (1976).
"'A definition of collective bargaining is also included. The subject matter is to include wages, hours and other conditions of employment. This latter phrase is intended to include the entire spectrum of conditions and benefits which apply to public employment, in addition to the commonly understood basic provisions relating to pay and hours of work, including but not limited to: seniority, grievance procedures, holiday and vacation pay, shift premiums, sick leave, jury duty, pensions and severance pay, insurance coverage of various kinds, seniority in promotions, transfers and layoffs, discipline and discharge and grievance arbitration provisions.'"

Delaware: Transfer/teacher reassignment
Statute: Del. Code. Ann. tit.14 § 4005
"A public school employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas as discretion or policy functions and programs of the public school employer, its standards of services, overall budget, utilization of technology, the organizational structure, curriculum, discipline, and the selection and direction of personnel."

District of Columbia: Transfer/teacher reassignment
Statute: D.C. Code: § 1-617.08
"(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations: (1) To direct employees of the agencies; (2) To hire, promote, transfer, assign, and retain employees in position within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause; (3) To relieve employees of duties because of lack of work or other legitimate reasons....(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Transfer/teacher reassignment
Coastal Florida Police Benevolent Association v. Brevard County Sheriff’s Office, 30 FPER ¶ 297 (2004).
Transfer is an employer decision, however, the employer must provide the union with notice and an opportunity to bargain over the impact of the decision on wages, hours, and terms and conditions of employment prior to implementation.

Hawaii: Transfer/teacher reassignment
Statute: Haw. Rev. Stat. § 89-9(d)
"The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or that would interfere with the rights and obligations of a public employer to: (1) Direct employees; (2) Determine qualifications, standards for work, and the nature and contents of examinations; (3) Hire, promote, transfer, assign, and retain employees in positions; (4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause; (5) Relieve an employee from duties because of lack of work or other legitimate reason; (6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations; (7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and (8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies."

Idaho: Transfer/teacher reassignment
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Indiana: Transfer/teacher reassignment
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Transfer/teacher reassignment
Statute: Iowa Code Ann. § 20.9 (3)
" For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, insurance, leaves of absence for political activities, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reduction, and subcontracting public services shall also be excluded from the scope of negotiations."

Maryland: Transfer/teacher reassignment
Statute: Md. Code Ann., Educ:§ 6-408 (c)(1)
"(c)(1) On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to salaries, wages, hours, and other working conditions, including procedures regarding employee transfers and assignments."

Massachusetts: Transfer/teacher reassignment
School Comm. of Pittsfield v. United Educators of Pittsfield, 784 N.E.2d 11, 18 (Mass. 2003).
"Involuntary transfer procedure for teachers is not a “hiring decision” under the Education Reform Act, but a proper subject of collective bargaining between the school committee and the union and subject to the binding arbitration provisions of the collective bargaining agreement"

Michigan: Transfer/teacher reassignment
Statute: Mich. Comp. Laws §423.215(3)(j)
"Collective bargaining between a public school employer and a bargaining representative of its employees shall not include any of the following subjects: (j) Any decisions made by the public school employer regarding teacher placement, or the impact of that decision on an individual employee or the bargaining unit. "

Minnesota: Transfer/teacher reassignment
Case Law: Minneapolis Federation of Teachers Local 59 v. Minneapolis Special School Dist. No. 1, 258 N.W.2d 802, 805-06 (Minn. 1977).
"We therefore hold as follows: (1) The decision to transfer a number of teachers is a managerial decision and not a subject for negotiation. (2) The adoption of the criteria by which individual teachers may be identified for transfer is a proper subject for negotiation and, as such, is properly included in the collective bargaining contract."

Missouri: Transfer/teacher reassignment
Statute: Mo. Rev. Stat. 105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Montana: Transfer/teacher reassignment
Statute: Mont. Code. Ann. §39-31-305 (2)
"...to bargain collectively is the performance of mutual obligation ... to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment..."

Case Law: Bonner School Dist. No. 14 v. Bonner Educ. Ass'n, 176 P.3d 262 (Mont. 2008).
Employee transfers and reassignments constituted “conditions of employment” within meaning of statute obligating a public employer to bargain in good faith with respect to wages, hours, fringe benefits, and other conditions of employment.

Nebraska: Transfer/teacher reassignment
Case Law: Sch. Dist. of Seward Ed. Ass'n v. Sch. Dist. of Seward in Seward County, 199 N.W.2d 752, 759 (1972).
"While there are many nebulous areas that may overlap working conditions, boards should not be required to enter negotiations on matters which are predominately matters of educational policy, management prerogatives, or statutory duties of the board of education... we would consider the following to be exclusively within the management prerogative:... to control transfers and assignments...; and to determine the curriculum, class size, and types of specialists to be employed...with this public policy in mind, school districts and teacher associations should negotiate in good faith within the ambit of their respective responsibilities."

Nevada: Transfer/teacher reassignment
Statute: Nev. Rev. Stat. Ann. § 288.150
"The scope of mandatory bargaining is limited to... (u) The policies for the transfer and reassignment of teachers..."

New Jersey: Transfer/teacher reassignment
Statute: N.J. Stat. Ann. § 34:13A-25
"Transfers of employees by employers between work sites shall not be mandatorily negotiable except that no employer shall transfer an employee for disciplinary reasons."

Case Law: Ridgefield Park Ed. Ass'n v. Ridgefield Park Bd. of Ed., 393 A.2d 278, 284 (N.J., 1978).
"We find that the issue of teacher transfers is one on which negotiated agreement would significantly interfere with a public employer's discharge of inherent managerial responsibilities. Accordingly, it is not a matter as to which collective negotiation is mandatory."

New Mexico: Transfer/teacher reassignment
Statute: N.M. Stat. Ann. § 10-7E-6
"Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may: A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees; B. determine qualifications for employment and the nature and content of personnel examinations; C. take actions as may be necessary to carry out the mission of the public employer in emergencies; and D. retain all rights not specifically limited by a collective bargaining agreement or by the Public Employee Bargaining Act."

New York: Transfer/teacher reassignment
Case Law: Application of Steuben-Allegany Bd. of Co-op. Educational Services, 581 N.Y.S.2d 973,976 (S.Ct. Steuben County 1990).
"This language is permissive, not mandatory and there is no other evidence to support a finding that the Legislature intended the teacher transfer decision to be a mandatory subject of collective bargaining."

North Dakota: Transfer/teacher reassignment
Case Law: Fargo Educ. Ass'n v Fargo Public School District 1, 291 N.W.2d 267 (N.D. 1979).
Court has ordered on all subjects other than those outlined in statute, including class size, reduction in force procedure, curriculum, evaluation policies, transfer procedures, leave procedures, grievance procedures and binding impasse arbitration parties can agree to negotiate if they choose.

Ohio: Transfer/teacher reassignment
Statute: Ohio Rev. Code Ann. § 4117.08
"Unless a public employer agrees otherwise in an a collective bargaining agreement, nothing in Chapter 4117. of the Revised Code impairs the right and responsibility of each public employer to... transfer, assign, schedule, promote, or retain employees."

Oregon: Transfer/teacher reassignment
Case Law: Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 547 P.2d 647, 648 (Or. Ct. App. 1976).
"The following are among the subjects which ERB found to be permissive, but not mandatory, subjects for bargaining: class size, course assignments, transfer procedures, the school calendar, the selection of substitute teachers and the use of teachers' aides."

Pennsylvania: Transfer/teacher reassignment
Case Law: Greater Latrobe Area Sch. Dist. v. Pennsylvania State Educ. Ass'n, 615 A.2d 999, 1004 (Pa. Commw. Ct. 1992).
"Clearly, the question of voluntary transfer by current employees within the bargaining unit's membership is a matter encompassed by the terms and conditions of employment and so is well within the purview of section 701 of PERA."

Tennessee: Transfer/teacher reassignment
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (b)(5)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects... (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service;"

West Virginia: Transfer/teacher reassignment
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"County boards of education legally may 'negotiate' with representatives of county school board employees regarding any pertinent issue affecting county school board employees, including, but not limited to, wages, hours of employment, working conditions, fringe benefits, transfers, assignments, and any and all related or similar matters pertaining to their employment which are not totally and strictly governed by State law."

Wisconsin: Transfer/teacher reassignment
Statute: Wis. Stat. Ann. § 111.70
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Layoff/reduction in force
Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are negotiable are... 3. Grievance Procedures... 5. Salary Schedule... 7. Extra Curricular and Extra Duty... 10. Life Insurance 11. Health Insurance 12. Liability Insurance... 26. Teacher Preparation Periods... 31. Teacher Transfer 32. Teacher Retention... 34. Reduction of Staff"

Arkansas: Layoff/reduction in force
Statute: Ark. Code Ann. § 6-17-201(c)(11)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (11) Reduction in force;"

Statute: Ark. Code Ann. § 6-17-202(a)

"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

California: Layoff/reduction in force
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Layoff/reduction in force
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Layoff/reduction in force
Case Law:Board of Police Com'rs of City of New Haven v. White,370 A.2d 1070, 1074 (1976).
"'A definition of collective bargaining is also included. The subject matter is to include wages, hours and other conditions of employment. This latter phrase is intended to include the entire spectrum of conditions and benefits which apply to public employment, in addition to the commonly understood basic provisions relating to pay and hours of work, including but not limited to: seniority, grievance procedures, holiday and vacation pay, shift premiums, sick leave, jury duty, pensions and severance pay, insurance coverage of various kinds, seniority in promotions, transfers and layoffs, discipline and discharge and grievance arbitration provisions.'"

District of Columbia: Layoff/reduction in force
Statute: D.C. Code: § 1-617.08
"(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations: (1) To direct employees of the agencies; (2) To hire, promote, transfer, assign, and retain employees in position within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause; (3) To relieve employees of duties because of lack of work or other legitimate reasons....(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Layoff/reduction in force
Case Law: Florida Nurses Association v. State of Florida and Governor Lawton Chiles,
18 FPER ¶ 23265 (1992). An employer has a unilateral right to decide if an employee will be laid off. However, the impact of the layoff on the employees terms and conditions of employment is negotiable.

Hawaii: Layoff/reduction in force
Statute: Haw. Rev. Stat. § 89-9(d)
"The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or that would interfere with the rights and obligations of a public employer to: (1) Direct employees; (2) Determine qualifications, standards for work, and the nature and contents of examinations; (3) Hire, promote, transfer, assign, and retain employees in positions; (4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause; (5) Relieve an employee from duties because of lack of work or other legitimate reason; (6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations; (7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and (8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies."

Idaho: Layoff/reduction in force
Statute: Idaho Code Ann. § 35-522A(3)(a)
"(3)(a) The decision to institute a reduction in force and the selection of an employee or employees subject to such reduction shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee or employees shall be subject to such reduction shall not be made solely on consideration of employee seniority or contract status."

Illinois: Layoff/reduction in force
Case Law: Cent. City Educ. Ass'n, IEA-NEA v. Illinois Educ. Labor Relations Bd., 557 N.E.2d 418, 430 (1990) aff'd sub nom. Cent. City Educ. Ass'n, IEA/NEA v. Illinois Educ. Labor Relations Bd., 599 N.E.2d 892 (1992).
"(4) the layoff of four teachers to reduce expenditures in this case is appropriate for mandatory bargaining; and (5) the impact bargaining that followed the layoff decision does not substitute for mandatory bargaining of the decision itself."

Indiana: Layoff/reduction in force
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:(1) The school calendar.(2) Teacher dismissal procedures and criteria.(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.(5) Any subject not expressly listed in section 4 of this chapter."

Iowa: Layoff/reduction in force
Statute: Iowa Code Ann. § 20.9(3)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, insurance, leaves of absence for political activities, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reduction, and subcontracting public services shall also be excluded from the scope of negotiations."

Massachusetts: Layoff/reduction in force
Case Law: School Committee of Newton v. Labor Relations Com'n, 447 N.E.2d 1201 (Mass., 1983).
Means of achieving a reduction in force, its timing and impact are mandatory subjects of bargaining. Deciding how many people to layoff is a prohibited subject of bargaining.

Michigan: Layoff/reduction in force
Statute: Mich. Comp. Laws §423.215(3)(k)
"Collective bargaining between a public school employer and a bargaining representative of its employees shall not include any of the following subjects: (k) Decisions about the development, content, standards, procedures, adoption, and implementation of the public school employer's policies regarding personnel decisions when conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position, when conducting a recall from a staffing or program reduction or any other personnel determination resulting in the elimination of a position, or in hiring after a staffing or program reduction or any other personnel determination resulting in the elimination of a position..."

Missouri: Layoff/reduction in force
Statute: Mo. Rev. Stat. 105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Montana: Layoff/reduction in force
Case Law: Savage Educ. Ass'n v. Trustees of Richland County Elementary Dist. No. 7, 692 P.2d 1237 (Mont. 1984).
Sections of collective bargaining agreement governing procedures to be followed regarding the non-renewal of contracts of nontenured teachers were proper subjects of bargaining.

Nevada: Layoff/reduction in force
Statute: Nev. Rev. Stat. Ann. § 288.150(v)
"The scope of mandatory bargaining is limited to... (v) Procedures for reduction in workforce consistent with the provisions of this chapter."

New Jersey: Layoff/reduction in force
Case Law: Maywood Bd. of Educ. v. Maywood Ed. Ass'n, 401 A.2d 711, 715-16 (N.J. Super. App.Div. 1979).
"Reduction in force, whether of tenured or nontenured teachers if done for reasons of economy, is entirely within the authority of the board."

New Mexico: Layoff/reduction in force
Statute: N.M. Stat. Ann. § 10-7E-6
"Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may: A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees; B. determine qualifications for employment and the nature and content of personnel examinations; C. take actions as may be necessary to carry out the mission of the public employer in emergencies; and D. retain all rights not specifically limited by a collective bargaining agreement or by the Public Employee Bargaining Act."

North Dakota: Layoff/reduction in force
Case Law: Fargo Educ. Ass'n v Fargo Public School District 1, 291 N.W.2d 267 (N.D. 1979).
Court has ordered on all subjects other than those outlined in statute, including class size, reduction in force procedure, curriculum, evaluation policies, transfer procedures, leave procedures, grievance procedures and binding impasse arbitration parties can agree to negotiate if they choose.

Ohio: Layoff/reduction in force
Statute: Ohio Rev. Code Ann. § 4117.08
"Unless a public employer agrees otherwise in an a collective bargaining agreement, nothing in Chapter 4117. of the Revised Code impairs the right and responsibility of each public employer to... layoff... employees."

Oregon: Layoff/reduction in force
AFSCME Council 75, Local 350 v. Clackamas County, 687 P.2d 1102, 1107 (Or. Ct. App. 1984).
"ERB was correct in concluding that the proposals involve 'conditions of employment.'"

Pennsylvania: Layoff/reduction in force
Abel v. City of Pittsburgh,890 A.2d 1, 6 (Pa. Commw. Ct. 2005). Layoffs and seniority are proper items of collective bargaining.

South Dakota: Layoff/reduction in force
Case Law: Webster Educ. Ass'n v. Webster Sch. Dist., 631 N.W.2d 202, 205-06 (S.D. 2001).
"The District has the exclusive managerial discretion to make decisions as to when to implement its RIF and Recall Policy, but once the District exercises such discretion, the procedure laid out in the RIF and Recall Policy is subject to mandatory negotiation."

Tennessee: Layoff/reduction in force
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (b)(5)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects... (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service;"

Wisconsin: Layoff/reduction in force
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Arkansas: Dismissal
Statute: Ark. Code Ann. § 6-17-201(c)(11)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (10) Dismissal or nonrenewal;"

Statute: Ark. Code Ann. § 6-17-202(a)

"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

Colorado: Dismissal
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Dismissal
Case Law:Board of Police Com'rs of City of New Haven v. White, 370 A.2d 1070, 1074 (1976).

"'A definition of collective bargaining is also included. The subject matter is to include wages, hours and other conditions of employment. This latter phrase is intended to include the entire spectrum of conditions and benefits which apply to public employment, in addition to the commonly understood basic provisions relating to pay and hours of work, including but not limited to: seniority, grievance procedures, holiday and vacation pay, shift premiums, sick leave, jury duty, pensions and severance pay, insurance coverage of various kinds, seniority in promotions, transfers and layoffs, discipline and discharge and grievance arbitration provisions.'"

District of Columbia: Dismissal
Statute: D.C. Official Code: § 1-617.08
"(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations: (1) To direct employees of the agencies; (2) To hire, promote, transfer, assign, and retain employees in position within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause; (3) To relieve employees of duties because of lack of work or other legitimate reasons....(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Dismissal
Case Law: In re Communications Workers of America, 4 FPER ¶ 4135.

Dismissal is a mandatory subject of bargaining.

Hawaii: Dismissal
Statute: Haw. Rev. Stat. § 89-9(d)
"The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or that would interfere with the rights and obligations of a public employer to: (1) Direct employees; (2) Determine qualifications, standards for work, and the nature and contents of examinations; (3) Hire, promote, transfer, assign, and retain employees in positions; (4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause; (5) Relieve an employee from duties because of lack of work or other legitimate reason; (6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations; (7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and (8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies."

Idaho: Dismissal
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Indiana: Dismissal
Statute: Ind. Code Ann. § 20-29-6-4.5
"For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following: ... (2) Teacher dismissal procedures and criteria."

Iowa: Dismissal
Statute: Iowa Code Ann. § 20.9(3)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, insurance, leaves of absence for political activities, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reduction, and subcontracting public services shall also be excluded from the scope of negotiations."

Kansas: Dismissal
Statute: Kan. Stat. Ann. § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kan. Stat. Ann. § 72-2218(l)(1)
"Terms and conditions of professional service" means...including binding arbitration of grievances; disciplinary procedure; resignations; termination and nonrenewal of contracts; reemployment of professional employees..."

Michigan: Dismissal
Statute: Mich. Comp. Laws §423.215(3)(k)
"Collective bargaining between a public school employer and a bargaining representative of its employees shall not include any of the following subjects: (k) Decisions about the development, content, standards, procedures, adoption, and implementation of the public school employer's policies regarding personnel decisions when conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position, when conducting a recall from a staffing or program reduction or any other personnel determination resulting in the elimination of a position, or in hiring after a staffing or program reduction or any other personnel determination resulting in the elimination of a position..."

Missouri: Dismissal
Statute: Mo. Rev. Stat. 105.585
Every labor agreement shall include a provision reserving to the public body the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge public employees.

Nevada: Dismissal
Statute: Nev. Rev. Stat. Ann. § 288.150 (i)
"The scope of mandatory bargaining is limited to... (i) Discharge and disciplinary procedures..."

New Hampshire: Dismissal
Case Law: Appeal of Watson, 448 A.2d 417,419-20 (N.H. 1982).
Unilateral elimination of collective bargaining provision requiring notice of termination violated duty to bargain, termination procedure is a mandatory subject of bargaining.

New Jersey: Dismissal
Case Law: State v. Communications Workers of America, AFL-CIO, 667 A.2d 1070,1074 (N.J. Super. App. Div. 1995).
"In general, we have held that employment decisions such as compensation, hours, workload, sick leaves, physical accommodation and grievance procedures are, unless preempted by statute or regulation, mandatorily negotiable....whereas, decision to hire, retain, promote, transfer, assign and dismiss are not negotiable."

New Mexico: Dismissal
Statute: N.M. Stat. Ann. § 10-7E-6
"Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may: A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees; B. determine qualifications for employment and the nature and content of personnel examinations; C. take actions as may be necessary to carry out the mission of the public employer in emergencies; and D. retain all rights not specifically limited by a collective bargaining agreement or by the Public Employee Bargaining Act."

Ohio: Dismissal
Statute: Ohio Rev. Code Ann. § 4117.08
"Unless a public employer agrees otherwise in an a collective bargaining agreement, nothing in Chapter 4117. of the Revised Code impairs the right and responsibility of each public employer to... discharge for just cause... employees."

Pennsylvania: Dismissal
Case Law: Curry v. Pennsylvania Turnpike Com'n, 843 F.Supp. 988, 991( (E.D. Pa. 1994).

"It is now well settled in Pennsylvania that the PERA authorizes public employers to enter into collective bargaining agreements containing “for-cause” provisions and other limitations on the ability to dismiss employees summarily. "

Tennessee: Dismissal
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (b)(5)
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects... (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service;"

Utah: Dismissal
Statute: Utah Code Ann. § 53A-8-103
"(1) A local school board shall, by contract with its employees or their associations, or by resolution of the board, establish procedures for dismissal of employees in an orderly manner without discrimination.(2) The procedures shall include standards of due process and causes for dismissal."

Case Law: Bd. of Educ. of Alpine Sch. Dist. v. Ward, 974 P.2d 824, 827 (Utah 1999).
"...a school board has the power to establish termination procedures either by contract or by the adoption of policy."

Vermont: Dismissal
Case Law: Danville Bd. of School Directors v. Fifield, 315 A.2d 473,474 (Vt. 1974).
School baords have the sole power to hire and dismiss teachers, and such power cannot be delegated.

Washington: Dismissal
Case Law: Peninsula School Dist. No. 401 v. Public School Employees of Peninsula,924 P.2d 13, 16 (Wash. 1996).
"Job security provisions, including a just cause limit on terminations, come within the ambit of “working conditions” and constitute a mandatory subject of bargaining."

Wisconsin: Dismissal
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Arkansas: Evaluation process or instruments
Statute: Ark. Code Ann. § 6-17-201(c)(6)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (6) Methods of evaluations;"

Statute: Ark. Code Ann. § 6-17-202(a)

"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

California: Evaluation process or instruments
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Evaluation process or instruments
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Evaluation process or instruments
Statute: Conn. Gen. Stat. Ann. §10-151b
"(a) The superintendent of each local or regional board of education shall annually evaluate or cause to be evaluated each teacher, and for the school year commencing July 1, 2013, and each school year thereafter, such annual evaluations shall be the teacher evaluation and support program adopted pursuant to subsection (b) of this section... Claims of failure to follow the established procedures of such teacher evaluation and support program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004."

Case Law: Wethersfield Bd. of Educ. v. Connecticut State Bd. of Labor Relations, 519 A.2d 41 (1986).
"Teacher evaluations are not a mandatory subject of collective bargaining because the legislature, in enacting a revised Sec. 10-151b in 1974, determined that state evaluation guidelines would govern teacher evaluations [201 Conn. 700] unless local school boards and teachers' representatives decided, "by mutual agreement," to implement supplemental local guidelines. The effect of the enactment of the revised Sec. 10-151b was to permit a local school board - or a teachers' representative - to refuse to negotiate about the subject of teacher evaluations."

District of Columbia: Evaluation process or instruments
Statute: D.C. Code § 1-617.18
"Notwithstanding any other provision of law, rule or regulations....the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a non-negotiable item for collective bargaining purposes." However, this only applies to DCPS.

Idaho: Evaluation process or instruments
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Evaluation process or instruments
Statute: IL ST CH 105 § 5/24A-4(b)
"Each school district shall, in good faith cooperation with its teachers or, where applicable, the exclusive bargaining representatives of its teachers, incorporate the use of data and indicators on student growth as a significant factor in rating teaching performance, into its evaluation plan for all teachers."

Case Law: Alton Cmty. Unit Sch. Dist. No. 11, Counties of Madison & Jersey v. Illinois Educ. Labor Relations Bd., 567 N.E.2d 671, 676-77 (1991).
"We agree with the IELRB and the Association that irrespective of the outcome in LeRoy, teacher evaluation plans are, at least, subjects of permissible collective bargaining."

Indiana: Evaluation process or instruments
Statute: Ind. Code Ann. § 20-29-6-4.7 (a)
"A school employer may not bargain collectively with the exclusive representative on teacher evaluation procedures and criteria after this section has been enacted into law."

Iowa: Evaluation process or instruments
Statute: Iowa Code Ann. § 20.9(3)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, insurance, leaves of absence for political activities, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reduction, and subcontracting public services shall also be excluded from the scope of negotiations."

Maryland: Evaluation process or instruments
Regulations: Md. Code. Regs. 13A.07.09.04
"An evaluation system for teachers and principals developed by a local education agency in mutual agreement with the exclusive employee representatives shall include performance evaluation criteria, at a minimum, based on multiple measures, and on the general standards set forth in §§B and C of this regulation."

Regulations: Md. Code. Regs. 13A.07.09.05
"If the school system and the exclusive employee representative do not reach agreement on an evaluation system, the default model shall be adopted by the school system."

Massachusetts: Evaluation process or instruments
Regulation: 603 Mass. Code. Regs. 35.06
(2) "The evaluation cycle shall include self-assessment addressing Performance Standards established through collective bargaining or included in individual employment contracts."

Michigan: Evaluation process or instruments
Statute: Mich. Comp. Laws §423.215(3)(l)
"Collective bargaining between a public school employer and a bargaining representative of its employees shall not include any of the following subjects: (l) Decisions about the development, content, standards, procedures, adoption, and implementation of the public school employer's performance evaluation system...decisions concerning the content of a performance evaluation of an employee..."

Minnesota: Evaluation process or instruments
Statute: Minn. Stat. § 122A.41(5)
"(a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop a teacher evaluation and peer review process for probationary and continuing contract teachers though joint agreement. If a school board and the exclusive representative of the teachers do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement a plan for evaluation and review under paragraph (c)."

Nevada: Evaluation process or instruments
Case Law: Clark County Sch. Dist. v. Local Gov't Emp. Mgmt. Relations Bd., 530 P.2d 114, 118 (Nev. 1974).
"5. Teacher performance (dealing with the manner in which teacher work performance is evaluated). The board found this proposal negotiable on the ground that the evaluation of a teacher's performance is significantly related to a teacher's working conditions inasmuch as the evaluation affects transfer, retention, promotion and the compensation scale."

New Jersey: Evaluation process or instruments
Statute: N.J. Stat. Ann. § 34:13A-5.3
"Nothing herein shall be construed as permitting negotiation of the standards or criteria for employee performance."

New York: Evaluation process or instruments
Statute: N.Y. Educ. § 3012-c
"Annual professional performance review of classroom teachers....(2)(a)(1) There shall be: (i) a state assessments and other comparable measures subcomponent which shall compromise twenty or twenty-five percent of the evaluation; (ii) a locally selected measures of student achievement subcomponents which shall compromise twenty or fifteen percent of the evaluation; and (iii) an other measure of teacher or principal effectiveness subcomponent which shall comprise the remaining sixty percent of the evaluation, which in sum shall constitute the composure teacher or principal effectiveness score.....(2) the selection of the local measure(s).....shall be determined through collective bargaining."

North Dakota: Evaluation process or instruments
Case Law: Fargo Educ. Ass'n v Fargo Public School District 1, 291 N.W.2d 267 (N.D. 1979).
Court has ordered on all subjects other than those outlined in statute, including class size, reduction in force procedure, curriculum, evaluation policies, transfer procedures, leave procedures, grievance procedure and binding impasse arbitration parties can agree to negotiate if they choose.

Ohio: Evaluation process or instruments
Statute: Ohio Rev. Code Ann. § 3319.111(A)
Not later than July 1, 2020, the board of education of each school district, in consultation with teachers employed by the board, shall update its standards-based teacher evaluation policy to conform with the framework for evaluation of teachers adopted under section 3319.112 of the Revised Code. The policy shall become operative at the expiration of any collective bargaining agreement covering teachers employed by the board that is in effect on the effective date of this amendment, and shall be included in any renewal or extension of such an agreement.

Oregon: Evaluation process or instruments
Statute: Or. Rev. Stat. Ann. § 243.650(7)(e)
" For school district bargaining, “employment relations” excludes class size, the school or educational calendar, standards of performance or criteria for evaluation of teachers...and any other subject proposed that is permissive under paragraphs (b), (c) and (d) of this subsection."

Case Law: Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 621 P.2d 547, 562 (Or. 1980).
"... we conclude that [criteria for the evaluation of all teachers] is subject to mandatory bargaining."

Tennessee: Evaluation process or instruments
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608
"No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects... (3) Evaluation of professional employees pursuant to federal or state law or state board of education policy;"

Wisconsin: Evaluation process or instruments
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Alaska: Grievance procedures
Case Law: Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Ed. Ass'n, 572 P.2d 416, 423 (Alaska 1977).
"Those items which are negotiable are... 3. Grievance Procedures... 5. Salary Schedule... 7. Extra Curricular and Extra Duty... 10. Life Insurance 11. Health Insurance 12. Liability Insurance... 26. Teacher Preparation Periods... 31. Teacher Transfer 32. Teacher Retention... 34. Reduction of Staff"

Arkansas: Grievance procedures
Statute: Ark. Code Ann. § 6-17-201(c)(9)
"(c) The personnel policies shall include, but are not limited to, the following terms and conditions of employment: (9) Grievances;"

Statute: Ark. Code Ann. § 6-17-202(a)
"(a) The provisions of this subchapter shall not apply in any school district which chooses to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement."

California: Grievance procedures
Statute: Cal. Gov't Code § 3543.2(a)
"The scope of representation shall be limited to matters relating to wages, hours of employment and other terms and conditions of employment. 'Terms and conditions of employment' mean health and welfare benefits as defined in Section 53200, leave, transfer, reassignment policy, safety conditions of employment, class size, procedures to be used for the evaluation of employees...procedures for processing grievances..., the layoff of probationary certified school district employees...,and alternative compensation or benefits for employees adversely affected by pension limitations."

Colorado: Grievance procedures
Statute: Colo. Rev. Stat. Ann.§8-2-101
"It is not unlawful for any two or more persons to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof."

Connecticut: Grievance procedures
Case Law: W. Hartford Ed. Ass'n v. Dayson DeCourcy, 295 A.2d 526, 538 (1972).
"Within these limitations binding arbitration of grievances within the terms and conditions of an existing group teacher contract is a permissible method for settling disputes and is a mandatory subject of negotiation between the parties."

Delaware: Grievance procedures
Statute: Delaware Code: Del. Code. Ann. tit.14 § 4002 (f)
"Collective bargaining means the performance of the mutual obligation...to confer and negotiate in good faith with respect to terms and conditions of employment."

Statute: Del. Code. Ann. tit.14 § 4002 (t)
"Terms and conditions of employment means matters concerning wages, salaries, donated leave program or programs in Compliance with Chapter 13 of this title, hours, grievance procedures and working conditions..."

District of Columbia: Grievance procedures
Statute: D.C. Official Code: § 1-617.08 (b)
"(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter."

Florida: Grievance procedures
Statute: Fla. Stat. Ann.§ 447.401
"Each public employer and bargaining agent shall negotiate a grievance procedures to be used for the settlement of disputes between employer and employee..."

Hawaii: Grievance procedures
Statute: Haw. Rev. Stat. § 89-10.8(a)
"A public employer shall enter into written agreement with the exclusive representative setting forth a grievance procedure culminating in a final and binding decision, to be invoked in the event of any dispute concerning the interpretation or application of a written agreement. The grievance procedure shall be valid and enforceable and shall be consistent with the following: (1) A dispute over the terms of an initial or renewed agreement shall not constitute a grievance; (2) No employee in a position exempted from chapter 76, who serves at the pleasure of the appointing authority, shall be allowed to grieve a suspension or discharge unless the collective bargaining agreement specifically provides otherwise; and (3) With regard to any adverse action resulting from an employee's failure to meet performance requirements of the employee's position, the grievance procedure shall provide that the final and binding decision made by a performance judge as provided in this section."

Idaho: Grievance procedures
Statute: Idaho Code. Ann. §33-1271(1)
"(1) The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization."

Illinois: Grievance procedures
Statute: 115 Il. Comp. Stat. Ann. 5/10(c)
"(c) The collective bargaining agreement negotiated between representatives of the educational employees and the educational employer shall contain a grievance resolution procedure..."

Indiana: Grievance procedures
Statute: Ind. Code Ann. §20-29-6-5
"A contract entered into under this chapter may contain a grievance procedure."

Iowa: Grievance procedures
Statute: Iowa Code Ann. § 20.9(1)
"For negotiations regarding a bargaining unit that does not have at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer's budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon."

Kansas: Grievance procedures
Statute: Kan. Stat. Ann. § 72-2219
"Professional employees shall have the right...to participate in professional negotiations with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service."

Statute: Kan. Stat. Ann. § 72-2218(l)(1)
"'Terms and conditions of professional service' means....grievance procedure..."

Maine: Grievance procedures
Statute: Me. Rev. Stat. Ann. tit. 26 § 9651(C)
"To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration..."

Maryland: Grievance procedures
Statute: Md. Code Ann., Educ:§ 6-408 (b)
"The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration."

Massachusetts: Grievance procedures
Statute: Mass. Gen. Laws ch. 150E §8
"The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration to be invoked in the event of any dispute concerning the interpretation or application of such written agreement."

Michigan: Grievance procedures
Case Law: St. Clair Intermediate School Dist.t v. Intermediate Educ. Association/Michigan Educ. Ass'n, 581 N.W.2d 707, 713-14 (Mich.199).
"Mandatory subjects of collective bargaining... include, but are not limited to, terms and conditions of employment concerning hourly, overtime, and holiday pay, work shifts, pension and profit sharing, grievance procedures, sick leave, seniority, and compulsory retirement age."

Minnesota: Grievance procedures
Statute: Minn. Stat. § 179A.06 (5)
"Public employees, through their certified exclusive representative, have the right and obligation to meet and negotiate in good faith with their employer regarding grievance procedures and the terms and conditions of employment..."

Montana: Grievance procedures
Mont. Code. Ann. § 39-31-306(5)
"An agreement to which a school is a party must contain a grievance procedure culminating in final and binding arbitration of unresolved and disputed interpretations of agreements."

Case Law: Belgrade Educ. Ass'n v. Belgrade School Dist. No. 44, 102 P.3d 517 (Mont. 2004).
"A grievance procedure culminating in final and binding arbitration is mandatory in an agreement with a school. "

Nebraska: Grievance procedures
Statute: Nebraska Statutes: 48-816(1)(a)(2)
"...public employers may recognize employee organizations for the purpose of negotiating collectively in the determination of and administration of grievances arising under the terms and conditions of employment of their public employees..."

Nevada: Grievance procedures
Statute: Nev. Rev. Stat. Ann. § 288.150 (o)
"The scope of mandatory bargaining is limited to... (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements..."

New Hampshire: Grievance procedures
Statute: N.H. Rev. Stat. Ann. § 273-A:4
"Every agreement negotiated under the terms of this chapter...shall contain workable grievance procedures."

New Jersey: Grievance procedures
Statute: N.J. Stat. Ann. § 34:13A-5.3
"The majority representative and designated representatives of the public employer shall meet at reasonable times and negotiate in good faith with respect to grievances, disciplinary disputes, and other terms and conditions of employment."

New Mexico: Grievance procedures
Statute: N.M. Stat. Ann. § 10-7E-17(F)
"An agreement shall include a grievance procedure to be used for the settlement of disputes pertaining to employment terms and conditions and related personnel matters."

New York: Grievance procedures
Statute: N.Y. Civ. Serv. § 204(2)
"...the appropriate public employer... is, required to negotiate collectively with such employee organization in the determination of, and administration of grievances..."

North Dakota: Grievance procedures
Case Law: Fargo Educ. Ass'n v Fargo Public School District 1, 291 N.W.2d 267 (N.D. 1979.)
Court has ordered on all subjects other than those outlined in statute, including class size, reduction in force procedure, curriculum, evaluation policies, transfer procedures, leave procedures, grievance procedure and binding impasse arbitration parties can agree to negotiate if they choose.

Ohio: Grievance procedures
Statute: Ohio Rev. Code Ann. § 4117.09 (B)(1)
"The agreement shall contain a provision that... provides for a grievance procedure..."

Oklahoma: Grievance procedures
Op.Atty.Gen. No. 87-20 (3-16-87).

Local boards of education may voluntarily agree to include a provision for binding arbitration of grievances in a grievance procedure which is part of a collective bargaining agreement.

Oregon: Grievance procedures
Statute: Or. Rev. Stat. Ann. § 243.650(7)(a)
"'Employment relations' includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment."

Pennsylvania: Grievance procedures
Case Law (administrative decision): Dist. 1199C, Nat'l Union of Hospital & Health Care Employees v. Temple University, No. PERA-C-89-146-E (1991).

"The Board has held that grievance procedures in general constitute a mandatory subject of bargaining and a unilateral change of a grievance procedure without bargaining the issue to impasse violates the Act."

South Dakota: Grievance procedures
Statute: S.D. Codified Laws § 3-18-3
Notwithstanding any other provision of this section, any individual employee, or a group of employees, shall have the right at any time to present grievances to their employer and to have such grievances adjusted without the intervention of the formal representative as long as the adjustment is not inconsistent with the terms of any settlement with the formal representative then in effect; provided that the formal representative has been given opportunity to be present at such adjustment.

Tennessee: Grievance procedures
By statute, "collaborative conferencing" on certain matters has taken the place of collective bargaining.
Statute: Tenn. Code Ann. § 49-5-608 (a)(2).
"A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following: ... (2) Grievance procedures;"

Vermont: Grievance procedures
Statute: Vt. Stat. Ann. tit. 16, § 2004
The school board, through its negotiations council, shall, upon request, negotiate with representatives of the teachers' or administrators' organization negotiations council on matters of salary, related economic conditions of employment, the manner in which it will enforce an employee's obligation to pay the agency fee, procedures for processing complaints and grievances relating to employment, and any mutually agreed-upon matters not in conflict with the statutes and laws of the State of Vermont.

Washington: Grievance procedures
Statute: Wash. Rev. Code Ann. § 41.59.130
"An employer and an exclusive bargaining representative who enter into a collective bargaining agreement may include in such agreement procedures for binding arbitration of such disputes as may arise involving the interpretation or application of such agreement."

West Virginia: Grievance procedures
AG Opinion: 55 W. Va. Op. Att'y Gen. 300 (1974)
"Public employees legally do have the right--individually or through their authorized representatives (labor unions or other)--to 'negotiate' (as defined here-inabove) with their public employers, if they choose to permit their public employees to exercise this right, regarding wages, working conditions, hours of employment, grievance procedures, and all other similar matters which are the proper subject of such 'negotiations' between a public employer and a public employee including county school boards and county school board professional and nonprofessional, teaching and nonteaching employees."

Wisconsin: Grievance procedures
Statute: Wis. Stat. Ann. § 111.70(4)(mb)
"(4)(mb) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following: 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions."

State has case law
(Judicial opinions that interpret statutory law)

Mandatory subject of bargaining

Permissive subject of bargaining

Prohibited subject of bargaining

Issue not addressed in state law or administrative code

State does not allow collective bargaining

Visitors to this page should be aware of an important limitation of the data presented here. The data represent a comprehensive analysis of state statutes. We include information from other sources of legal authority, such as case law, attorney general opinions, or decisions made by labor relations boards to the best of our knowledge. Where we know of relevant case law on an issue we include it, but the exhaustive nature of case law precludes a systematic search. References to case law that are found in the database have been generously provided to us by the National Education Association.