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ERIC Number: ED272998
Record Type: Non-Journal
Publication Date: 1986
Pages: 16
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Collective Bargaining: Management Prerogatives, Unfair Labor Practices and Grievances.
Freeman, Rodney, Jr.
An understanding of unfair labor practices and grievances in public education requires an examination of court decisions in areas of collective bargaining. In 1935 Congress enacted the National Labor Relations Act, granting only to private-sector employees the right to organize and bargain collectively. By the 1970's most states had rejected the idea of the sacrificial nature of public employment and had adopted statutory schemes relating to negotiations and labor relations between governmental employees and their employers. The trend of litigation is to increase the employer's burden of proof if coercion or restraint occurred in employees' exercise of protected rights. Recent court decisions reject employee discharge if antiunion animus was a factor. A teachers' union in Alaska, however, failed to produce sufficient evidence to meet the court's required burden of proof in "Alaska Community v. University of Alaska." The category of failure to abide by a collective bargaining agreement illustrates the merging of grievances and unfair labor practices. In this category, burden is placed upon employers to demonstrate why they have failed to abide by their own agreements. The area of refusal to bargain may require bargaining if the employer wishes to change the agreement. Other legal areas include unilateral changes in wages or employment conditions and nonmembership in employee organizations. As courts and boards test rights and responsibilities, labor relations should continue to improve. (CJH)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: National Labor Relations Act
Grant or Contract Numbers: N/A