ERIC Number: ED245376
Record Type: RIE
Publication Date: 1983
Reference Count: 0
Collective Bargaining Issues in Public School Employment.
Jascourt, Hugh D.
Despite differences among state laws authorizing collective bargaining, and despite the variety of administrative and legal structures that enforce collective bargaining rights and obligations, a considerable degree of consensus has evolved throughout the states. Accordingly, this chapter highlights the major features of the law with respect to collective bargaining among public school employees as it has evolved to this point, identifies trends, and speculates on future issues. The first part reviews constitutional issues applicable to labor relations, including rights to organize under the First Amendment, exclusive representation and freedom of speech, waiver rights of unions, and compliance with labor laws by the public sector. Subsequent sections discuss cases pertaining to the authority of state or municipal jurisdictions to bargain with employee representatives in the absence of a statute, recognition of unions and representation questions, rights and obligations of the exclusive bargaining representative, scope of bargaining, grievance procedure, effect of the legislative process on contract funding, negotiations impasse, strikes, and "sunshine" or open meeting laws. (TE)
Descriptors: Arbitration, Collective Bargaining, Compliance (Legal), Constitutional Law, Court Litigation, Employer Employee Relationship, Grievance Procedures, Labor Demands, Labor Legislation, Labor Relations, Legal Responsibility, Negotiation Agreements, Negotiation Impasses, Scope of Bargaining, Strikes, Teacher Rights, Unions
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Audience: Policymakers; Practitioners
Authoring Institution: N/A
Note: Chapter 5 of: Legal Issues in Public School Employment (EA 016 920).