The topic of noncompetes is a rich one for a business law or legal environment course. It presents opportunities to tie law and policy, law and ethics, law and strategy. It exemplifies the challenges businesses and employees may face in a changing, complex, uncertain legal environment. Accordingly, this article provides materials on noncompetes…

In light of public opinion concerning tenure, academic freedom, and role of college faculty, a new approach is proposed, incorporating these principles: return to concept of tenure as a lifelong contract awarded in the thirties, education of public concerning tenure, and active support for limited teaching contracts to replace tenure awards to…

Examination of retrenchment clauses in the faculty union contracts at 42 colleges and universities focused on implications for tenure rights and the roles prescribed for faculty and administrators. Concepts of financial exigency and shared governance are highlighted. Contracts were found to provide faculty with a limited and reactive role during…

Since July 1, 1985, all new faculty appointed to tenure-track positions in the San Diego Community College District (SDCCD) have been subject to a promotion process which has been modified twice in the past 2 years. In addition, a new evaluation procedure and instrument have been adopted, and a competitive "Merit Step Advancement" feature has been…

In January 1986, the faculty and administration at New Mexico State University at Alamogordo (NMSU) decided that the Senior Faculty Advisory Committee would serve as the Branch Promotion and Tenure Committee to advise the administration in the awarding of specific temporary contracts, continuous contracts (tenure), and promotions. The Committee…

This chapter analyzes 1982 decisions involving legal issues in public school employment. Cases in areas of federal law are discussed first, including: discrimination in employment (race, sex, religion, age, and handicap); substantive constitutional rights (speech, association, and religion); and procedural due process (property interest, liberty…

The collective bargaining agreement between the Board of Trustees for the Nebraska State Colleges and the State College Education Association, an affiliate of the National Education Association, is presented. In 14 articles the agreement covers the following: purpose of the agreement; recognition of negotiating units; nondiscrimination; grievance…

The agreement between Bard College, New York, and the Bard College Chapter of the American Association of University Professors (AAUP) covering the period 1988 to 1989 is presented. The agreement covers the following items: recognition, tenure, cause for dismissal, hearings in the event of dismissal, termination for financial exigency, other…

Academic staffing practices used at four-year colleges and universities are identified, and recommendations are offered for achieving staffing flexibility in the face of conditions such as scarce resources. In addition to considering faculty flow models (e.g., Markov models and simulators) as a management/planning tool to evaluate personnel and…

The collective bargaining agreement between Pittsburg State University and Pittsburg State University/Kansas National Education Association, an affiliate of the National Education Association, covering the period May 19, 1989 to June 30, 1990 is presented. The contract covers the following items: recognition; equal opportunity; salaries…

The master agreement between the State of Iowa Board of Regents and the UNI-United Faculty for the period July 1, 1989 to June 30, 1991 is presented. Fifteen articles cover the following items: recognition; union rights (use of facilities and services); evaluation procedures (files and access to them, student, professional, department head and…

The collective bargaining agreement between Niagara University (New York) and the Niagara University Lay Teachers Association, a chapter of the American Association of University Professors, covering the period 1987 to 1989 is presented. The agreement covers the following items: recognition, union security, dues checkoff, discrimination policy,…

The collective bargaining agreement between Lake Superior State University (Michigan) and the Lake Superior State University Faculty Association, an affiliate of the National Education Association, covering the period September 1, 1988 to August 31, 1991 is presented. The agreement covers the following items: definitions; recognition; association…

The collective bargaining agreement between the University System of New Hampshire Board of Trustees and the Keene State College Education Association, an affiliate of the National Education Association, for the period July 1, 1989 to June 30, 1991 is presented. Twenty-five articles cover the following: recognition; definitions; management rights;…

The collective bargaining agreement between the University of the District of Columbia and the University of the District of Columbia Faculty Association, an affiliate of the National Education Association, for the period October 1, 1988 to September 30, 1993 is presented. The agreement's 33 articles cover the following: purpose and intent, scope…