Collective Bargaining

The Fairfax County School Board has approved a resolution regarding collective bargaining.

Collective Bargaining Status

 

collective bargaining stage 1

Collective Bargaining Resolution

In May of 2021, the Virginia General Assembly approved legislation that allows School Boards to bargain collectively with employees. FCPS invited certified employee associations to work as a collective bargaining workgroup and draft a Collective Bargaining Resolution.

collective bargaining stage 2

Collective Bargaining Resolution Approval

On March 9, 2023, the School Board approved the drafted Collective Bargaining Resolution, granting employees the right to collectively negotiate terms and conditions of employment as a Bargaining Unit (BU) through an Exclusive Representative. Positions are assigned to one of the BUs: Administrative & Supervisors, Licensed Instructional, and Operations.

collective bargaining stage 3

Organizations Seek Certification

Employee organizations (unions/associations) seeking certification to become Exclusive Representatives must become eligible to be included in an election ballot. Organizations must demonstrate 30% or more employee support and reach out to employees directly to engage during this step. 

collective bargaining stage 4

Certified Organizations Elections

Certified organizations are eligible to go to election. An election will have one or more certified organizations on the ballot as well as “no representation” as a voting option. A majority employee vote determines which organization (if any) will act as the Exclusive Representative of the BU. Employees are informed of an election by the organization(s) campaigning to become Exclusive Representatives.

collective bargaining stage 5

Exclusive Representative Negotiations

The Exclusive Representative that wins the election serves as the voice for all BU members without regard to employees’ organization membership. Employees have the option to join the organization and communicate with the organization to discuss terms and conditions of employment and workplace issues. The organization reaches out to employees to communicate membership details and meeting opportunities.

collective bargaining stage 6

Collective Bargaining Agreement

The Exclusive Representative and FCPS negotiate the terms of conditions of employment in good faith. Once both parties come to consensus on a Collective Bargaining Agreement (CBA), the draft is presented to the organization’s membership as well as the School Board for approval.

collective bargaining stage 7

Collective Bargaining Agreement Approval

A School Board approved CBA is effective until a new agreement is in place.  The terms of the CBA will apply to all employees in the BU.

Questions?

Contact the Office of Labor Relations at [email protected]

Virginia General Assembly-approved legislation became effective in May 2021. As a result, counties, cities, and towns in Virginia (including School Boards) can now bargain collectively with employees upon adopting an authorizing ordinance or resolution. 

At their March 9, 2023 meeting, the Fairfax County School Board voted to approve the FCPS Collective Bargaining Resolution.

A draft Collective Bargaining Resolution was presented to the School Board on December 15, 2022, and a School Board work session was held on February 28, 2023. The resolution determined the scope and breadth of collective bargaining for Fairfax County Public Schools.

Collective Bargaining Employee Engagement Guidelines

New guidelines detailing allowable employee engagement activities in advance of a labor election are now available here.  The guidelines are pursuant to the FCPS Collective Bargaining Resolution and apply to all FCPS employees, associations, and external parties of interest pursuing exclusive bargaining unit representation.

I. Introduction

  1. Introduction
    1. Definitions: This document follows the definitions identified in Section 1: Definitions, of FCPS Collective Bargaining Resolution, approved on March 9, 2023.
    2. Policies & Regulations: refer to all Policies, Regulations, and Notices approved by FCPS School Board. 
    3. Applicability: these guidelines apply to all FCPS employees, associations, and external parties of interest, pursuing exclusive representation of any of FCPS’s bargaining units:
      1. Operational Employees
      2. Licensed Professional
      3. Administrators and Supervisors.

II. Access to FCPS Facilities during Work Hours

  1. Schools
    1. Any employee interested in visiting a school for the purpose of campaigning must obtain permission from the school principal of the school they would like to visit.
      1. To ensure safety and avoid disruptions, the principal will determine an appropriate time, location, and length of the visit that does not impair the efficient operation of the school.
      2. The visiting employees will adhere to the following guidelines:
        1. Will meet employees only in the designated area.
        2. Will remain in their assigned location. If they need assistance, they must go to the principal’s office.
        3. Will not interact directly with any students. 
        4. Will not use students’ restroom facilities. 
        5. If they need additional time, they must request it from the principal’s office to ensure the space remains available.
        6. Must check out at the principal’s office when their time expires.
      3. Organizations must obtain permission from the principal of the school prior to visiting a school location for the purpose of campaigning.
        1. The principal will determine the terms (time, location) of the visit and communicate to the requester.
        2. All individuals (FCPS employees or non-FCPS employees) must follow the visitor’s check-in procedures at any school they visit. 
        3. The event should not interfere with work hours, and their presence should be limited to the space assigned (i.e., they cannot be roaming the hallways). 
        4. Visitors must all stay in the designated area and only for the time that the principal approves for them. They must check out per standard procedures. 
        5. Non-FCPS visitors must go through the regular check-in that visitors to the school follow.

III. Use of FCPS Digital Network and Internet Resources

  1. All applicable provisions of Regulation R6410 - Appropriate Use of Fairfax County Public Schools' Network and Internet Resources shall apply to all persons engaged in organizing activities on FCPS property or that involve the use of FCPS network and Internet resources. Applicable provisions include but are not limited to:
    1. Visitors must ensure that their use of a school’s public Wi-Fi network does not violate any FCPS Policy or Regulation or local, state, or federal law.
    2. Employees must not provide or share their network passwords with any visitor or allow unauthorized access to FCPS digital networks to any visitor.

IV. Before & After Work Hours

  1. Employees or organizations can hold formal meetings before or after school hours on behalf of outside organizations, under the terms allowed within Regulation R8420: Community Use of School Facilities.
  2. Organizations can reach out directly to employees before or after work hours as long as it does not interfere with the school or office operations.

V. Communications

  1. Employee with issues related to activities related to collective bargaining should forward their concerns to the Office of Labor Relations ([email protected]).
  2. The Office of Labor Relations will provide guidelines for resolution within the framework of the FCPS Collective Bargaining Resolution, or Policies, Regulations, and Notices approved by the School Board.
  3. Communications among employees or between organizations and employees that take place outside of FCPS property or on communications platforms not controlled by FCPS are not within the scope of FCPS policies and will not be addressed unless they cause a disruption at the workplace or impede work.

VI. Expected Behavior

Principals/Program Managers will not:
  1. Dominate or interfere with the administration of any Employee Association, provided that the use of FCPS property or communications systems, as may be permitted by this Resolution or a collective bargaining agreement, will not be deemed encouragement prohibited by this section. 
  2.  Interfere with, restrain, discharge, discipline, discriminate or retaliate against or otherwise coerce employees in relation to any of the following:
    1. To encourage or discourage membership in any Employee Association; however, taking action to preclude an employee's conflict of interest with the duties of their position is not prohibited by this article. 
    2. Because the employee has formed, joined, supported, assisted, or chosen to be represented by any Employee Association, or authorized deduction of dues or fees to an Employee Association, or engaged in other protected concerted activities for collective bargaining or other mutual aid or protection, or refrained from any or all such activities. 
    3. Because the employee participated in collective bargaining, testified in a hearing, or filed a statement, petition, complaint, or grievance under this Resolution or a collective bargaining agreement; or 
    4. Because the employee exercised any of the rights provided in this Resolution. 
  3. Principals/Project Managers must allow all Employee Associations to have equal access to employees during organizational or representation campaign activity.
FCPS Employees:
  1. All FCPS employees remain guided by all terms regarding behavior as stated in FCPS policies and procedures.
    1. Regulation R4429 Conduct & Discipline: Support Employees
    2. Regulation R4293 - Dismissal: Definition of Just Cause
    3. Regulation 4423.5 - Additional Responsibilities and Behaviors
  2. It is expected that all FCPS employees will remain committed to their work and responsibilities during this process.
Organizations Seeking Representation will not:
  1. Interfere with, restrain, coerce, or discriminate or retaliate against an employee in relation to:
    1. Encouraging or discouraging the joining or refusing to join or any Employee Association; however, taking action to preclude employee member conflict of interest in relation to Employee Association membership and the individual’s position with the division is not prohibited by this article;
    2. An employee exercising any rights granted by this Resolution;
    3. Because the employee has formed, joined, supported, assisted, or chosen to be represented by any Employee Association, or authorized deduction of dues or fees to an Employee Association, or engaged in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, or refrained from any or all such activities; or
    4. Because the employee participated in collective bargaining, testified in a hearing, or filed a statement, petition, complaint, or grievance under this Resolution or a collective bargaining agreement.

2. Engage in conduct that is plainly in direct conflict with any applicable collective bargaining agreement.

3. All visitors are required to comply with the most recent version of Regulation R1361 - Visitor Conduct on FCPS Grounds

VII. FCPS Resources

  1. All questions or concerns related to any stage of the collective bargaining (CB) process should be first addressed to the Office of Labor Relations. 
  2. The Office of Labor Relations provides strategic leadership and direction to FCPS’s labor relations initiatives and collective bargaining functions.
  3. Email = [email protected]
  4. Office of Labor Relations Employee Hub webpage
  5. Collective Bargaining Video Resources (available on the FCPS Employee Hub)
  6. FCPS Collective Bargaining Resolution

FCPS Certification Process

Employee organizations interested in becoming certified for exclusive representation of any of the bargaining units at Fairfax County Public Schools can contact Lydia Martinez, director of the Office of Labor Relations, at [email protected].

Collective Bargaining Work Group

In anticipation of the new law going into effect, FCPS created a collective bargaining workgroup, led by a facilitator/consultant, representatives from FCPS Central Office leadership, as well as Certified Employee Associations, including:

  • Asian Educators Association (AEA).
  • Association of Fairfax Professional Educators (AFPE).
  • Fairfax Alliance of Black School Educators (FABSE).
  • Fairfax Association of Elementary School Principals (FAESP).
  • Fairfax Association of School Social Workers (FASSW).
  • Fairfax County Directors of Student Activities Association (DSAA).
  • Fairfax County Federation of Teachers (FCFT).
  • Fairfax Education Association (FEA).
  • Fairfax Pride.
  • Fairfax Speech-Language Pathologists Association (FSLPA).
  • Fairfax Support Professionals Association (FSPA).
  • High School Directors of Student Services Association (HSDSSA).
  • High School Principals Association (HSPA).
  • Hispanic Educators Association.
  • Middle School Directors of Student Services Association (MSDSSA).
  • Middle School Principals Association (MSPA).
  • Support Employees Association (SEA).

Contact information for each of the Certified Employee Associations is available on the Employee Hub (FCPS employees only).

The work group considered options and the best ways to choose the subjects for bargaining that met the interests of all of the different groups represented. Their purpose was to capture the viewpoints of the Certified Employee Associations in a proposed collective bargaining resolution to be presented to the School Board. The School Board had a work session(s) and public hearing(s) on the draft/amended resolution before finalizing the document for a vote on March 9, 2023. 

Collective Bargaining Work Group Meetings

The first meeting of the collective bargaining group was held on September 30, 2021, with meetings scheduled every few weeks through February 2023.

Background

The Virginia Assembly approved legislation that became effective May 1, 2021, that allows locally elected organizations (like the FCPS school board) to enact a resolution to create collective bargaining agreements with employee groups. The FCPS school board voted in February 2020 to initiate the consideration of collective bargaining at FCPS.

The FCPS school board met with representatives of the 17 FCPS Certified Employee Associations (CEP) during the spring of 2021 to determine issues common to all and their interests in participating in the process. The timeline below shows the path to the final vote. 

  • April 22, 2020 - Virginia General Assembly allows school boards to enter into collective bargaining agreements. 
  • Spring 2021 - The FCPS School Board met with representatives of the 17 FCPS Certified Employee Associations (CEP) to determine issues common to all and their interests in participating in the process.
  • May 1, 2021 - School Board invites active representatives of the 17 FCPS Certified Employee Associations to meet with Board-appointed representatives of FCPS. 
  • September 2021 to August 2022 - Work group conducts regular meetings. 
  • November 14, 2022 - Work group reaches consensus on all terms of the drafted resolution and submits for approval.
  • December 15, 2022 - FCPS submits resolution to School Board for review and approval. 
  • February 15, 2023 - Work group reconvenes to reaffirm language of drafted resolution. 

Participation

  • Membership/participation in a union/association in a bargaining unit will be entirely voluntary. Employees may choose to join or not join a union/association. 
  • Employees who choose to join a union/association that charges dues (some do not), are charged an amount determined by the union/association and may be subject to change over time. If an employee chooses not to join a union/association, they will not pay dues. 
  • Once an agreement is reached with a union/association (bargaining agent) serving as an exclusive representative for a bargaining unit, all employees in the bargaining unit are covered by the terms of the agreement and represented by the bargaining agent, as the bargaining agent would be bargaining on behalf of all employees in the specific collective bargaining unit they represent.
  • The FCPS Collective Bargaining Resolution is separate and distinct from the Fairfax County Ordinance that was adopted in October 2021.
  • Virginia Code Section 40.1-55 prohibits public employees from engaging in a strike, therefore, FCPS employees will not engage in strikes.

Fiscal and Budget Concerns

  • Collective bargaining agreements approved by the FCPS school board will be legally binding and enforceable contracts. However, the Virginia General Assembly law allowing jurisdictions (like FCPS) to engage in collective bargaining (Section 40.1-57.2B) states, “No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body’s authority to establish the budget or appropriate funds.” Therefore, the law requires that the bargaining agreements remain subject to fiscal/budget limitations.
  • Under Virginia code Section 40.1-57.2, a collective bargaining agreement cannot override the FCPS school board’s ultimate authority to allocate money and fund financial commitments. The process for collective bargaining agreement approvals will be aligned with FCPS’s budget timeline to meet FCPS’s budget preparation deadlines for consideration along with all of the system’s funding choices and obligations.

Additional Resources

FCPS employees can view additional information on collective bargaining on the FCPS Employee Hub.
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