ERIC Number: ED305706
Record Type: RIE
Publication Date: 1988
Reference Count: 0
Zirkel, Perry A.; Smith, Margaret D.
An increasing amount of case law dealing with collective bargaining in education was evident in 1987. The more than 100 cases cited indicate that educational employers and their unionized employees are increasingly resorting to the courts rather than resolving issues at the negotiation or arbitration table. However, there were no United States Supreme Court decisions dealing with collective bargaining in education this year. Across the country the courts applied legal principles long recognized in the field of labor relations. The review addresses the following issues: (1) constitutional issues; (2) recognition and representation; (3) rights and obligations of exclusive bargaining representatives; (4) scope of bargaining; (5) grievability and arbitrability; (6) judicial review of arbitration awards and employment relations board rulings; (7) strikes and other job actions; and (8) other miscellaneous decisions arising from labor disputes. (MLF)
Descriptors: Arbitration, Collective Bargaining, Compliance (Legal), Court Litigation, Elementary Secondary Education, Employer Employee Relationship, Grievance Procedures, Labor Relations, Legal Problems, Public Schools, School Law, School Personnel, Scope of Bargaining, Teacher Rights, Teacher Strikes, Unions
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Research
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: In: Thomas, Stephen B., Ed. The Yearbook of Education Law, 1988. National Organization on Legal Problems in Education, 1988 (EA 020 587), p38-66.