TITLE 33

EDUCATION

CHAPTER 12

TEACHERS

33-1272.  Definitions. As used in this act:

(1)  "Affiliate" means:

(a)  Any organization subject to the constitution, bylaws, or similar governing documents of a teachers union;

(b)  Any organization with a constitution, bylaws, or similar governing documents that a teachers union is subject to;

(c)  Any organization that receives a regular portion of the dues or fees collected by a teachers union from its members pursuant to the constitution, bylaws, or similar governing documents of such organization or the teachers union; or

(d)  A political committee or political organization controlled by a teachers union.

(2)  "Local education organization" or "teachers union" means any local district organization duly chosen and selected by fifty percent (50%) plus one (1) of the professional employees, excluding administrative personnel as addressed in this section, as their representative organization for negotiations under this act, as well as any organization seeking such status.

(3)  "Negotiations" means publicly meeting and conferring in good faith by a local board of trustees and the authorized local education organization, or the respective designated representatives of both parties for the purpose of reaching an agreement, upon matters and conditions subject to negotiations as specified in a negotiation agreement between said parties and not otherwise prohibited by section 33-1275, Idaho Code, or any other applicable law.

(4)  "Professional employee" means any certificated employee of a school district, including charter districts; provided however, that administrative personnel including superintendents, supervisors or principals are excluded from the professional employee group for the purposes of negotiations.

(5)  "Representational activities" means the activities specified in paragraphs (i) through (m) of subsection (6) of this section.

(6)  "Teachers union activities" means any of the following activities undertaken at the direction of, on behalf of, or to advance the purposes of a teachers union or its affiliate:

(a)  Supporting or opposing any candidate for federal, state, or local public office;

(b)  Influencing the passage or defeat of any federal or state legislation, federal or state regulation, local ordinance, or any ballot measure;

(c)  Promoting or soliciting membership or participation in, or financial support of, a teachers union or its affiliate;

(d)  Seeking to become the exclusive representative of all professional employees in a school district;

(e)  Participating in the administration, business, or internal governance of a teachers union or its affiliate;

(f)  Preparing, conducting, or attending teachers union or affiliate events, conferences, conventions, meetings, or trainings, unless such training is directly related to the performance of professional employees’ job duties;

(g)  Distributing teachers union or affiliate communications;

(h)  Representing or speaking on behalf of a teachers union or its affiliate in any setting, venue, or procedure in which the school district is not a participant;

(i)  Preparing, filing, or pursuing grievances;

(j)  Representing professional employees in investigatory interviews, disciplinary proceedings or appeals up to and including termination, or other administrative or legal proceedings;

(k)  Engaging in negotiations and any related mediation;

(l)  Administering a negotiation agreement; or

(m)  Participating in labor-management committees.

For the purposes of this section, "good faith" means honesty, fairness and lawfulness of purpose with the absence of any intent to defraud, act maliciously or take unfair advantage or the observance of reasonable standards of fair dealing.

History:

[33-1272, added 1971, ch. 103, sec. 2, p. 223; am. 1989, ch. 294, sec. 2, p. 722; am. 2013, ch. 155, sec. 1, p. 368; am. 2013, ch. 330, sec. 2, p. 862; am. 2026, ch. 342, sec. 2, p. 1328.]