(a) It is unlawful for a board of education or its management personnel to:

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Terms Used In Tennessee Code 49-5-606

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Collaborative conferencing: means the process by which the chair of a board of education and the board's professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving. See Tennessee Code 49-5-602
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Management personnel: means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process. See Tennessee Code 49-5-602
  • Professional employee: means 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 any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8. See Tennessee Code 49-5-602
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • 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. See Tennessee Code 49-5-602
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part;
(2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603;
(3) Refuse or fail to participate in collaborative conferencing under this part;
(4) Refuse to permit any professional employees’ organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board’s policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part;
(5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits;
(6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or
(7) Dominate, interfere or assist in the administration of any professional employee organization.
(b) It is unlawful for a professional employees’ organization or its representatives to:

(1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees’ organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership;
(2) Refuse or fail to participate in collaborative conferencing under this part with a board of education;
(3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;
(4) Engage in a strike;
(5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part;
(6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or
(7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.
(c)

(1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located.
(2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint.
(3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act.
(4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order.
(5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.
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