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 Ohio, teachers' unions operate under state-specific regulations that govern public sector employees, as the National Labor Relations Act (NLRA) does not apply to public school teachers. Ohio law permits public employees, including teachers, to engage in collective bargaining through their unions. The Ohio Revised Code, specifically Chapter 4117, known as the Ohio Public Employees' Collective Bargaining Act, outlines the rights and responsibilities of public employees, including the right to organize, bargain collectively, and participate in other union activities. However, while Ohio allows collective bargaining, it restricts the right to strike for certain public employees, including those involved in safety services, but teachers do retain the right to strike under specific conditions and procedures. It's important to note that any strike action must comply with legal requirements, and failure to do so can lead to penalties. The Ohio State Employment Relations Board (SERB) oversees and enforces these regulations, ensuring that both the unions and the school districts adhere to the legal framework established for collective bargaining and related union activities.