FAQs: The Fairness in Negotiations Act (FINA)

The bill establishes a process for a neutral third party—a public employee labor relations board—to decide labor disputes between local public school employer and local public school employees within a specific time frame with a decision that is binding on both parties.

Why does MSEA support this legislation?

The current process isn’t working. The law says the public school employer shall make the final determination as to matters that have been the subject of negotiation. Public school employees currently do not have true collective bargaining. In all of the other 34 other states with collective bargaining, an independent body resolves the differences between the two parties.

The State can’t afford a new program.

There is no cost to the State. The costs are split between the parties.

The counties are already stretched. What happens if the newly created public employee labor relations board decides on a salary increase that the county can’t afford?

Under this bill there would be no difference from the way it is now. The public employee labor relations board decision binds only the parties to the contract. There is no change in the board’s fiscal relationship with the county. If the county doesn’t fund a contract now, they wouldn’t have to fund it if this bill passes.

Don’t we already have a process for impasse?

We occasionally have impasses that the superintendent may try to mediate, but there is no process for resolving the issues fairly. This bill provides for a neutral third party to resolve the differences within a specific time frame.

Won’t this allow teachers to dictate education policy?

This is a bill that provides a neutral third party (a public employee labor relations board) to resolve differences on labor issues. It does not give the employees any additional power.

If this bill passes, won’t the union retry all the issues that have already been decided?

This bill establishes a process where a neutral third party decides labor issues within a specific time line and issues a decision with which both parties must comply. Either side could run old issues through again in order to get a different interpretation from a third party, but neither side will be eager to retry anything they think they may lose.

Isn’t it true that under this bill parents, students and community members would be excluded from the education process?

This is a bill to put in place a process where a neutral third party settles labor disputes between an employer and employees. It doesn’t change anything with regard to students, parents and the community.