ERIC Number: ED251894
Record Type: RIE
Publication Date: 1983
Clear, Delbert K.
Reviewed in this chapter are decisions handed down in 1982 involving aspects of collective bargaining. Much of this litigation is perceived as rooted in attempts by school boards to upset awards of arbitrators or by efforts of employees' associations to consolidate dearly-won power; these actions result from many boards' and associations' resentment of the power sharing inherent in binding arbitration and bargaining. Cases involving constitutional issues, authority to bargain, recognition of unions and representation problems, and rights and obligations of exclusive bargaining representatives are analyzed. A discussion of scope of bargaining includes cases addressing duty to bargain; interrelationship with other laws; proposals within mandatory, permissive, and prohibited scope of bargaining; and terms of collective bargaining agreements. Grievance issues are considered at length, including the topics of grievability and arbitrability, presumption of arbitrability, who determines disputes, remedy as a factor in arbitrability, procedural issues, management prerogatives as a bar, tenure issues, and contract interpretation. Judicial review of awards, standard of review, and propriety of awards are also discussed. Analysis of litigation involving impasse and dispute resolution, concerted activity including strikes and enforcement actions, and miscellaneous cases conclude the chapter. (MJL)
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Policymakers; Administrators; Teachers; Practitioners
Authoring Institution: N/A
Note: Chapter 3 of: The Yearbook of School Law, 1983 (EA 016 603).