Discusses the various postures assumed by state and federal courts in deciding cases affecting public employee labor relations policy. Examines how the courts' role and the labor policy promulgated by their decisions have shifted and evolved over the years. (Author/JG)

Collective bargaining relationships in school districts are affected by court actions in a variety of ways. Courts have acted as a "surrogate legislature" by providing legal structures where legislation is absent and by modifying legislation through the process of statutory construction. This paper examines the courts' role in structuring…