ERIC Number: ED215414
Record Type: Non-Journal
Publication Date: 1982
Reference Count: N/A
Collective Negotiations in Education and the First Amendment.
Application by the courts of First Amendment rights to collective negotiations in education are examined in this article. This fourteenth chapter in a book on school law is divided into three sections: freedom of association, free speech, and the right to petition. Regarding freedom of association, the courts have found that the First Amendment does not prescribe collective bargaining in the absence of a statute requiring a public employer to negotiate collectively. In several cases, however, courts have held that public employees have the right to organize into labor organizations and to choose their own bargaining representatives. Unions have no right to require employers to grant dues-checkoff privileges. Moreover, most court decisions support the right of a school board to deny minority unions access to a district's internal communiction system. Regarding freedom of speech, courts have held that First Amendment rights are violated by restraining teachers from commenting on employment matters in school board meetings. Peaceful picketing of schools is protected by the Constitution, according to a Supreme Court decision. Regarding the right to petition, a regulation prohibiting the circulation on school premises of a petition relating to school finance was found to violate teachers' rights. (Author/JM)
Descriptors: Collective Bargaining, Court Litigation, Elementary Secondary Education, Freedom of Speech, Government Employees, Labor Relations, School Personnel, Unions
Not available separately; see EA 014 500.
Publication Type: Books; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: First Amendment