Tennessee Code Annotated

Title 49: Education

Chapter 5: Personnel

Part 6: Education Professional Negotiations Act

TCA 49-5-602: Part definitions. [Effective until June 1, 2011. See Compiler's Notes concerning applicability.]

As used in this part, unless the context otherwise requires:

(1) "Arbitration" means the process of determination of disputed matters by submission to private unofficial persons selected for a purpose and in a manner consistent with this part. Arbitration under this part is not governed by title 29, chapter 5;

(2) "Board of education" or "local board of education" means the local school district board of education, as defined in SC 49-1-103;

(3) "Fact-finding" means investigation of an existing dispute by an individual panel or board with the fact-finder submitting a report to the parties describing the issues involved. The report may contain recommendations for settlement and may be made public after the parties to the dispute have had an opportunity to study it;

(4) "Management personnel" means those professional employees certified by the board of education to represent it in the negotiating process;

(5) "Mediation" means that process by which an impartial third party assists in reconciling a dispute regarding compensation, benefits, duties and other terms and conditions of employment and service between representatives of the board of education and the recognized professional employees' organization through interpretation, suggestion and advice;

(6) "Memorandum of agreement" means a written memorandum of understanding arrived at by the representatives of the board of education and a recognized professional employees' organization, which shall be presented to the board of education and to the membership of such organization for ratification or rejection;

(7) "Negotiating unit" means those professional employees in the respective school districts, as defined in subdivision (11), exclusive of those persons specifically named as management personnel;

(8) "Negotiations" means that process whereby the chief executive of a board of education, or such representatives as it may designate, and representatives of a recognized professional employees' organization meet at reasonable times and confer, consult, discuss, exchange information, opinions and proposals in a good faith endeavor to reach agreement on matters within the scope of discussions, and incorporate such agreements into a written agreement;

(9) "Negotiator" means the person or persons selected by the board of education and the professional employees' organization to do the negotiating. The board may select the director of schools, any member of the board or full-time system-wide employees as prescribed in SC 49-5-608. The professional employees' organization may select from among those who are members of the organization;

(10) "Person" includes one (1) or more individuals, organizations, associations or their representatives;

(11) "Professional employee" includes any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8;

(12) "Professional employees' organization" means any organization with membership open to professional employees, as defined in subdivision (11), in which the employees participate and that exists for the purpose, in whole or in part, of dealing with boards of education concerning, but not limited to, grievances, wages, hours of employment or conditions of work. The organizations may establish reasonable rules and regulations for conducting business, including provisions for the dismissal of individuals from membership;

(13) "Representative" includes any person, or group of persons, organization or association that is designated and authorized by the respective negotiating unit or local board of education to negotiate and act for it under this part; and

(14) "Strike" means the failure with others to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one's superior; or in any manner interfering with the operation of the public school system, for the purpose of inducing or coercing the recognition of any employee organization or a change in the conditions or compensation or the rights, privileges or obligations of employment.

History: Acts 1978, ch. 570, SC 3; T.C.A., SC 49-5502; Acts 1987, ch. 308, SC 28; 2000, ch. 903, SC 4.