Topic:
COLLECTIVE BARGAINING; LABOR UNIONS; MUNICIPAL OFFICIALS/EMPLOYEES; PHYSICAL THERAPY; SCHOOL DISTRICTS; SPECIAL EDUCATION;
Location:
COLLECTIVE BARGAINING;

OLR Research Report


January 14, 2005

 

2005-R-0045

SCHOOL OCCUPATIONAL AND PHYSICAL THERAPISTS IN UNIONS

By: Judith Lohman, Chief Analyst

You asked (1) which school districts include occupational and physical therapists working with special needs children in school bargaining units and (2) which bargaining unit such employees are in.

We have been unable to locate any central source for this information.

So far, Hartford is the only school district we have found that includes occupational therapists and physical therapists in a school district bargaining unit. In Hartford, such employees are in the same bargaining unit as school nurses, according to Susan Heller Williams of AFT Connecticut, a union representing both teachers and other school employees. Williams says most districts hire physical and occupational therapists on a consulting basis and not as employees. If we receive information on other districts from Williams or any other source, we will relay it to you.

It appears that occupational and physical therapists do not meet statutory criteria for membership in a teachers’ bargaining unit. Under the Teacher Negotiation Act, the teachers’ bargaining unit can include only professional board of education employees who (1) hold certificates or durational shortage area permits issued by the State Board of Education (SBE), (2) are employed by the board in positions requiring such certificates or permits, and (3) are not included in administrators’ units (CGS § 10-153b(a)(2)). Since the SBE does not issue certificates to physical or occupational therapists, or require that they hold any SBE-issued credential to work in schools, it appears that such employees could not be included in the teachers’ bargaining unit. School board employees not in either the teachers’ or school administrators’ unit are covered by the Municipal Employee Relations Act (CGS § 7-467 et seq. ) rather than the Teacher Negotiation Act.

JL: ts