Can a union contract supersede New York state education laws such as 913?
Education Law 913 is a provision that allows the board of education to order a school employee to undergo testing (of medical or physical health, for example) in order to ensure the safety of children. A collective bargaining agreement does not supersede state education laws, but it may affect some of the requirements. For example, when the provision is for the benefit of the employee, it may be enhanced with contract language. But provisions created for the sake of the employer or children (like 913) can’t be eliminated with contract language by employees. Contact your local president for specifics about your contract.
