RESOLUTION NO. RS2012-162

A resolution requesting the Metropolitan Board of Public Education to comply with its Labor Negotiations Policy.

WHEREAS, the support employees of the Metropolitan Board of Public Education play critical roles in delivering a quality public education to all students in Nashville and Davidson County, which includes serving wholesome food; maintenance of schools and other educational facilities; the safe transportation of students to and from school; educational assistance; and other vital support services; and

WHEREAS, the Metropolitan Board of Public Education unanimously adopted a Labor Negotiations Policy in July 2000; and

WHEREAS, the Labor Negotiations Policy of the Board of Education provides that classified and non-certificated employees shall have the right to form, join, and assist any employee organization; establishes a procedure for employees to choose exclusive representatives in order to meet and confer with the Director of Schools on matters relating to working conditions and other terms and conditions of employment; and provides that the Director of Schools will work in good faith to develop a non-binding memorandum of understanding (“MOU”) with any exclusive representative designated by employees; and

WHEREAS, the Metropolitan Council has adopted a similar Labor Policy for employees of the Metropolitan Government, Metro Code Chapter 3.56, and it is desirable that employees of both the Metropolitan Government and the Board of Education be afforded the same opportunity to exercise their rights to form, join, and assist employee organizations; and

WHEREAS, for many years, Service Employees International Union Local 205 (“SEIU”) has been designated by an appropriate unit of regular full-time and part-time support employees in the Board of Education as their exclusive representative, and the United Steelworkers of America (“Steelworkers”) has been designated by an appropriate unit of employees in the Transportation Division as their exclusive representative; and

WHEREAS, SEIU and the Steelworkers have negotiated a series of MOUs with the Director of Schools over many years, pursuant to their role as designated employee representatives under the Labor Negotiations Policy; and

WHEREAS, on December 21, 2011, the Director of Schools issued a letter purporting to “rescind” the Board of Education’s Labor Negotiations Policy, even though the duly-elected Board of Education has never taken any action to rescind or to otherwise modify its Policy; and

WHEREAS, the Director of Schools has also purported to withdraw recognition of SEIU and the Steelworkers as the exclusive representatives of the respective units of support employees, and has failed to observe the existing MOUs with SEIU and the Steelworkers, notwithstanding the provisions of the Labor Negotiations Policy; and

WHEREAS, SEIU and the Steelworkers have filed grievances with the Board of Education over the foregoing actions of the Director of Schools pursuant to the Labor Negotiations Policy, which provides that any complaints by employee organizations that the Director of Schools has failed to abide by the Policy shall be brought to the attention of the Board of Education; and

WHEREAS, the Board of Education has failed to act on the grievances filed by the two employee organizations, notwithstanding the provisions of the Labor Negotiations Policy; and

WHEREAS, the Metro Charter provides that the Board of Education – and not the Director of Schools – shall have the power to adopt policies concerning “the manner and method of operating the metropolitan school system,” including “all personnel policies.”

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan County Council hereby goes on record as urging the Metropolitan Board of Public Education and the Director of Schools to comply with the provisions of the existing Labor Negotiations Policy by continuing to recognize SEIU and the Steelworkers as support employees’ exclusive employee representatives; by complying with all existing memoranda of understanding and working in good faith to develop MOUs with designated employee representatives in the future; and by processing the grievances filed by the two employee organizations as provided in the Labor Negotiations Policy.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Dr. Jesse Register and to each member of the Metropolitan Board of Public Education.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bo Mitchell, Jerry Maynard, Brady Banks, Lonnell Matthews, Fabian Bedne, Chris Harmon, Darren Jernigan, Sandra Moore, Walter Hunt, Buddy Baker, Peter Westerholm, Sean McGuire, Anthony Davis, Jacobia Dowell, Megan Barry, Jason Holleman, Edith Taylor Langster, Bruce Stanley, Burkley Allen, Scott Davis, Jason Potts, Karen Johnson, Frank Harrison