ERIC Number: ED279070
Record Type: RIE
Publication Date: 1987
Miller, Charles L.; Zirkel, Perry A.
This second chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting collective bargaining between staff members and management representatives in public education. Among the topics examined are constitutional issues associated with distribution of union materials, union picketing, the implementation of fair share agreements, and jurisdiction over labor relations between parochial schools and lay teachers; union recognition, representation, and elections; the rights and obligations of bargaining representatives; and the scope of bargaining, and the handling of grievances and arbitration. The chapter also discusses cases establishing the authority for judicial review of decisions made by arbitrators and employment relations boards and for review of claims based on statutes apparently conflicting with employment relations laws; cases related to impasse and dispute resolution; cases related to strikes or other job actions; and other miscellaneous cases. The chapter introduction notes that cases dealing with contract management have come to the forefront this year, and that job security issues have become more dominant than salary or fringe benefit issues. The chapter concludes with the comments that the end of litigation on collective bargaining is nowhere in sight and that compromising at the local level seems wiser than litigation in light of the uncertainties in the field. (PGD)
Descriptors: Arbitration, Collective Bargaining, Constitutional Law, Contracts, Court Litigation, Elementary Secondary Education, Employer Employee Relationship, Federal Courts, Labor Relations, Public Education, School Law, School Personnel, Scope of Bargaining, State Courts, Strikes, Teacher Associations, Unions
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Note: In: Thomas, Stephen B., Ed. The Yearbook of School Law, 1986. National Organization on Legal Problems of Education, 1987 (EA 019 190).