Collective Bargaining in the Public Schools William W. Bowser Young Conaway Stargatt & Taylor LLP William W. Bowser Partner wbowser@ycst.com p. 302.571.6601 f. 302.576.3282 Wilmington, Delaware Bill represents both private and public employers in labor negotiations, union campaigns, binding interest arbitration, and employment discrimination and wrongful termination lawsuits. Bill regularly represents employers in administrative proceedings before the NLRB, the Delaware PERB, the EEOC, the Delaware Department of Labor, and other government agencies. RELATED SERVICES Employment Law Non-Compete and Unfair Competition Education Law He also regularly counsels employers on issues relating to employment agreements, restrictive covenants, trade secret agreements, employee discipline and termination, and the FMLA and ADA. EDUCATION Villanova University School of Law, J.D., cum laude University of Delaware, B.A., with honors He assists employers on avoiding litigation by developing effective employee handbooks, policies, and procedures; and he provides training to in-house counsel, human resource professionals, supervisors, and employees. Bill was selected by Best Lawyers in America© as the 2012 Delaware Management Labor Lawyer of the Year. He is also listed as a top employment lawyer in the 2011 edition of Chambers USA: America’s Leading Lawyers for Business. As an editor of the Delaware Employment Law Letter, Bill has written dozens of articles on labor and employment law. Bill is a frequent speaker on labor and employment law in Delaware and across the country, including the annual meeting of the Delaware SHRM and the National Public Employment Relations Association (NPELRA). Since 2000, Bill has served as the Governor appointed Chair of the Delaware Cancer Consortium. BAR ADMISSIONS Delaware COURT ADMISSIONS U.S. District Court for the District of Delaware U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Supreme Court PRIOR EMPLOYMENT Bill joined Young Conaway in 1993, after over four years as New Castle County Attorney. © 2012 Young Conaway Stargatt & Taylor, LLP www.youngconaway.com 1 DISTINCTIONS © The Best Lawyers in America , 2012 Delaware Management Labor Lawyer of the Year Chambers USA - America's Leading Lawyers for Business, Labor and Employment, recognized since 2006 Recognized by Delaware League of Local Governments for "Excellence in Support and Service on Election Reform", 2007 Recognized by National Governors Association's Distinguished Service Award for work on behalf of children with cancer and their families, 2007 Roxana Arsht Beacon and the Helen F. Graham Cancer Center Community Service Awards, 2002 Governor's Volunteer of the Year Award, 2000 MEMBERSHIPS AND AFFILIATIONS Delaware State Bar Association, Section of Labor & Employment Law, Past Chair, Member Delaware Cancer Consortium, Chair Candlelighters Childhood Cancer Foundation of Delaware, Treasurer © 2012 Young Conaway Stargatt & Taylor, LLP www.youngconaway.com 2 Agenda • • Public School Employment Relations Act (“PSERA”) • • • • • • PERB • • 1 Right to Organize • • • • Duty to Bargain • • Duty to Bargain • • • • 2 Duty to Bargain • • • • • • Duty to Bargain • • • • • Duty to Bargain • • • • 3 Duty to Bargain • • • • Duty to Bargain • • • • Collective Bargaining Process • • 4 Collective Bargaining Process • • • Negotiation and Impasse Resolution Process • • • • Negotiation and Impasse Resolution Process • • 5 Binding Interest Arbitration • • • • • • • Ability to Pay • • • • • • Arbitration Process • • 6 Success In Negotiations • • • • Success in Negotiations • • • • • • Success in Negotiations • • • • • • 7 Success in Negotiations • • • • • • • Success in Negotiations • • • • • Questions? 8