A teachers’ union is a labor union (an organized group of employees) that represents teachers or educators in contract negotiations (for salaries, tenure, paid time off, and other terms of employment) with schools or school districts. Teachers’ unions are said to engage in collective bargaining—bargaining or negotiating on behalf of all teachers—rather than individual teachers negotiating their own employment terms.
The rights of workers to form unions, strike, bargain collectively, and engage in other work-related activities are provided by the federal statute known as the National Labor Relations Act of 1935 (NLRA). The NLRA also prohibits unions from trying to force workers to join a union and prohibits employers from retaliating against workers who exercise their union rights.
The NLRA supersedes many state laws but it does not apply to employees in the public sector—including public school teachers. Some states have laws that prohibit collective bargaining for public employees (Georgia, North Carolina, South Carolina, Texas, Virginia) and many states have laws that make it illegal for public employees to strike.
In Idaho, the rights of teachers to form unions and engage in collective bargaining are governed by state statutes, as the National Labor Relations Act (NLRA) does not apply to public sector employees, including public school teachers. Idaho Code Title 33, Chapter 12 provides the legal framework for the 'Educational Labor Relations Act,' which recognizes the right of teachers to organize and participate in collective bargaining. However, Idaho has limitations on the scope of collective bargaining for public school teachers. For instance, Idaho Code §33-1271 et seq. limits collective bargaining to matters of salary and benefits, and does not allow bargaining over issues such as class size or curriculum. Additionally, while teachers in Idaho can form unions and engage in collective bargaining, they do not have the right to strike. Strikes by public employees are considered illegal under Idaho law. It's important for teachers and educators in Idaho to understand these state-specific regulations when considering unionization and collective bargaining activities.