ERIC Number: ED203440
Record Type: Non-Journal
Publication Date: 1981
Reference Count: N/A
Minorities and Constitutional Due Process under Collective Bargaining Agreements.
Chapter 19 of a book on school law examines how racial minority faculty members at colleges where collective bargaining agreements are in operation are likely to be affected under new rules by the U.S. Supreme Court. A few examples are given of court decisions showing, in general, that arbitration of a dispute by the collective bargaining process rather than by a court is not a violation of an employee's due process rights guaranteed under the due process clauses of the Fifth and Fourteenth Amendments. The author also cites selected court interpretations of what is and what is not negotiable in various states. Several recent court cases involving racial and sex discrimination provide a view of employee protection against racial and sex discrimination in employment. The special characteristics of employment in higher education--small departments and judgment by peers--make it difficult to establish evidence of racial discrimination. It appears logical from recent court rulings involving employment discrimination that plaintiffs may be victimized by a simple vote of a majority about their continued employment or promotions. It would appear that only in gross cases of discrimination would colleges and universities be found guilty of discriminatory intent. (Author/MLF)
Descriptors: Arbitration, Collective Bargaining, College Faculty, Constitutional Law, Court Litigation, Due Process, Employer Employee Relationship, Equal Opportunities (Jobs), Grievance Procedures, Higher Education, Labor Relations, Minority Groups, Negotiation Agreements, Racial Discrimination, Scope of Bargaining, Teacher Dismissal, Unions
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.