Jerome Joint School District No. 261

PERSONNEL 5295

Professional Employee Representation for Purposes of Negotiations

In accordance with the applicable provisions of the Idaho Code, in order for the District to engage in negotiations

with an authorized Local Education Organization, upon Board request, the organization shall be required to

demonstrate to the District that it has been duly chosen and selected by fifty percent (50%) plus one (1) of the

professional employees of the District, excluding administrative personnel, as their representative organization for

negotiations.

Commencing Negotiations

A party interested in commencement of negotiations shall provide the other party notice of such interest, in

writing.

If the Board is interested in commencement of negotiations, it shall provide written notification to any

representative organization for which membership is known to exist at the District (i.e. local affiliation with IEA,

AFT, NWPEA etc.). If the District is not aware of any membership, the District has no obligation to provide notice.

However, if the District is aware that a local educational entity has fifty-percent (50%) plus one (1) dues paying

members, the District need only contact this one organization about a desire to commence negotiations.

If an organization is interested in the commencement of negotiations, a written letter shall be advanced by the

organization to the Board’s Clerk. An organization interested in the commencement of negotiations need not be a

formal organization with any ties to any state or national entity. Such organization may be entirely comprised of a

local group of professional employees of the District, with no affiliation to any outside organization.

Identification of the Number of Professional Employees Required for Negotiations

Upon notification of interest in commencing negotiations, whether such is by the District or by an organization, the

District shall prepare a list of all professional employees of the District currently on contract, excluding those

serving as administrative personnel.

District personnel shall ascertain from this list what number of individuals the organization must represent to

obtain Local Education Organization status for the purpose of negotiations pursuant to the fifty percent (50%) plus

one (1) statutory requirement.

The District shall notify the organization of the representation number necessary to meet the fifty percent (50%)

plus one (1) statutory requirement. This notification shall be in writing or via electronic communication so as to

maintain a record of such communication.

If an employee is a partial administrative FTE and a partial teaching FTE, and is counted as such on the District’s

State reporting, the District may include the partial teaching FTE, only to the extent of the percentage of the partial

teaching FTE, in the listing and calculation for representative status.

If any question arises as to the number of professional employees required to reach the fifty percent (50%) plus

one (1) representative status, a meeting shall be held between a District representative(s) and representation of

the organization to review the manner in which the figure was reached.

Obtaining Authorizations and Representative Status

The organization’s process for obtaining authorization for representative status for the purposes of negotiations

must include the following:

i. Representation authority for the purpose of negotiations must be documented in writing.

ii. Representation authority for the purpose of negotiations must be associated with the

current or immediate previous school year in question even if such is contended to be

continuing or rolling. The current school year’s representation authority status shall be

noted on the written authorization from the professional employee.

iii. For representation status for the purpose of negotiations, the subject employee need not be

a member, dues paying or otherwise, of any official labor organization, association or union.

Both parties shall keep in mind a number of additional considerations from the Code of Ethics for Idaho

Professional Educators and the Idaho Right to Work Laws which indicate:

i. Unethical conduct includes willfully interfering with the free participation of colleagues

in professional associations.

ii. The right to work shall not be subject to undue restraint or coercion.

iii. The right to work shall not be infringed or restricted in any way based on membership,

affiliation, or financial support of a labor organization or the refusal of the same.

iv. No person shall be required, as a condition of employment or continuation of

employment:

1. to resign or refrain from voluntary membership in, voluntary affiliation with, or

voluntary financial support of a labor organization, or

2. to become or remain a member of a labor organization, or

3. to pay any dues, fees, assessments, or other charges of any kind or amount to a

labor organization, or

4. to pay to any charity or other third party, in lieu of such payments, any amount

equivalent to or a pro-rata portion of dues, fees, assessments, or other charges

regularly required of members of a labor organization, or

5. to be recommended, approved, referred, or cleared by or through a labor

organization.

v. It is unlawful to deduct from the compensation of any employee any fees, assessments,

or other charges paid over to a labor organization, unless the employee has first

provided the District with a signed written authorization. The employee may revoke the

authorization for withholding at any time by giving written notice of such revocation to

the District.

vi. It is unlawful for any person, by any threatened or actual intimidation or by any damage

or threatened damage to the property of an employee/prospective employee or the

family of an employee/perspective employee, to compel or attempt to compel an

employee to join, affiliate, or financially support a labor organization or to refrain from

doing so.

vii. It is unlawful to cause or attempt to cause an employee to be denied employment or

discharged from employment because of support or nonsupport of a labor organization

by inducing or attempting to induce any other person to refuse to work with an

employee.

Neutral Party Selection

The District shall create a list of three (3) neutral individuals from which one (1) will be selected by the parties to

serve as the “Neutral Party”, the individual responsible for reviewing and determining if the organization has met

the representative status of fifty percent (50%) plus one (1) as required by statute.

This list shall be prepared in writing and all such individuals on the list shall have been contacted to assure their

willingness and capability to perform such duties and:

i. Such neutral individual shall not be or have been a former employee with the District and shall not have a

spouse, parent, child, or grandchild who is or has been a former employee of the District.

ii. Such neutral individual shall not be or have been a former employee or member of any affiliated state

organization or fellow local organization affiliated with a state organization associated with the local

organization seeking representative status and likewise shall not have a spouse, parent, child or

grandchild who is or has been a former employee or member of the affiliated state organization or a

fellow local organization associated with the state organization.

iii. Such neutral individual list shall be generated from a review of local current and/or former public officials

and public citizens who serve the community. Examples may include but not be limited to: local city

council members or employees, local mayor or mayor’s office employees, local legislators, employees of

the State Department of Education, employees of the State Board of Education, local judges or county

clerk’s, officials or officers at a local banking institution, etc.

A meeting shall be held between a District representative(s) and representatives of the organization seeking to

obtain Local Education Organization status. At such meeting, the written list of neutral individuals will be provided

and discussed. If the parties cannot mutually agree to select one of the individuals from the list, the parties shall

take alternative turns, each striking one individual from the list to leave a final selection, with the organization

seeking to obtain representative status having the first option to strike a name. The final name left after each side

has had the chance to strike one will serve as the Neutral Party responsible for determining if the organization has

met the representative status of fifty percent (50%) plus one (1) as required by statute.

Subsequent to selection of the neutral party, both the District and organization shall sign written notification of the

selection and neither party shall have communications, directly or indirectly, with the neutral party, absent the

consent and participation of the other party.

Neutral Party Review

Jointly, the District and the organization shall provide the Neutral Party with the following information to ascertain

representative status:

i. The District shall provide, in writing, to the Neutral Party, the list of professional employees on contract,

excluding administrative personnel, prepared pursuant to step number 2, above.

ii. The organization shall provide, in writing, to the Neutral Party, the current written authorization

documentation, from each professional employee who has signed such, documenting authority to act as a

representative for the purpose of negotiations.

iii. The organization is not required to provide the current written authorization documentation to the

District or its administration, but may choose to do so if it so desires.

iv. The District shall provide a copy of this policy as well as a copy of Section 33-1272, Idaho Code.

The neutral party shall then compare the list provided by the District and the current authorizations from the

organization. Any authorizations that are older than two years shall not be counted in the establishment of

representative status. Upon completion of the comparison, the neutral party shall prepare a written letter

indicating the exact percentage of District Professional Employees, to the second decimal, that have provided

written authorization to the organization to serve as a representative for negotiations purposes. This letter shall

be notarized and jointly provided to the District and the organization seeking representation status for the purpose

of negotiations.

Final Steps

If representative status of fifty percent (50%) plus one (1) has been obtained, the parties then may initiate the

negotiation process with the now determined Local Education Organization for the purpose of negotiations. If

such representative status has not been met due to failure to meet the statutory required levels, negotiations shall

not commence.

If no new organization seeks to obtain representative status for the purpose of negotiations and to be deemed the

local education organization, in due course the District’s Board may establish compensation and benefits and other

working conditions as it deems appropriate.

Legal Reference: I.C. § 33-1271 School Districts – Professional Employees – Negotiation Agreements

I.C. § 33-1272 Definitions

I.C. § 33-1271 School Districts – Professional Employees – Negotiations

I.C. § 44-2001 Declaration of Public Policy

I.C. § 44-2003 Freedom of Choice Guaranteed, Discrimination Prohibited

I.C. § 44-2004 Voluntary Deductions Protected

I.C. § 44-2006 Coercion and Intimidation Prohibited

IDAPA 08.02.02.076 Code of Ethics for Professional Educators

Policy History:

Adopted on: 08/26/2014

Revised on: 10/23/2018