In "Garcia v. San Antonio Metropolitan Transit Authority" (1985), the United States Supreme Court ruled that the Tenth Amendment does not preclude application of the federal minimum wage act and the Fair Labor Standards Act to state and local government employees. This paper explains "Garcia" history and implications for…

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

Determining whether an employee's First Amendment free speech interests should prevail over legitimate employer concerns for an efficient workplace is a difficult question that this book attempts to answer. To give public employers and public employees an understanding of the legal framework in which free speech issues are decided is the purpose…

This paper evaluates the Shannon versus Bepko case in which a university employee filed suit in federal court against four individuals in their official capacities as employees of Indiana University-Purdue. Defendants claimed the eleventh amendment barred actions against them in their official capacities. (DB)

In 1990 the Americans with Disabilities Act (ADA) became law to ensure the full participation and equal opportunity of the disabled in the United States. Among its many requirements is the obligation on employers, including school districts, to provide those applicants and employees with disabilities who possess the requisite skill, education,…

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

The report summarizes unionization activities among college faculty in the United States in 1989. Faculty unionizing continued to increase for the sixth consecutive year and contrasts with decreases in the overall unionized sector. Organized faculty comprised approximately 30% of the professoriate. Faculty unions were successful in 11 of 14…

Discusses (1) a Michigan court decision concerning reverse discrimination and voluntary affirmative action policies; (2) the Massachusetts Supreme Court's rejection of the work-to-rule strategy; and (3) an Arkansas law that will allow teachers failing a basic skills and literacy test to be fired only when their state certification expires. (MLF)

This paper looks at the meaning of academic freedom and threats to that freedom in recent conflicts and legal rulings. The introduction calls academic freedom confusing and widely misunderstood and offers an historical and legal explanation of the concept as well as discussion of the traditional areas of conflict in instruction, research,…

Reviewed in this chapter are decisions handed down in 1982 involving aspects of collective bargaining. Much of this litigation is perceived as rooted in attempts by school boards to upset awards of arbitrators or by efforts of employees' associations to consolidate dearly-won power; these actions result from many boards' and associations'…

This paper selectively reviews education law since 1954 and forecasts trends and major issues for the 1980's. Two trends are foreseen: increasing conflict between social goals and individual rights, and greater emphasis on "housekeeping" issues. Five upcoming issues are then examined with reference to recent litigation and legislation…

Despite differences among state laws authorizing collective bargaining, and despite the variety of administrative and legal structures that enforce collective bargaining rights and obligations, a considerable degree of consensus has evolved throughout the states. Accordingly, this chapter highlights the major features of the law with respect to…

This guide for school district administrators presents workshop materials for administrators' mutual training. The guide assists administrators in preventing lawsuits by teachers against the district for violations of the First Amendment right to freedom of speech. Section 1, the introduction, offers two objectives: to acquaint administrators with…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

Examination of the scope of management prerogatives in negotiation raises the question of available guidelines for school boards. State legislation indicates that the scope of bargaining ranges from narrow restrictions to broad capabilities. Management prerogatives include the power to oversee budgets and hire and dismiss employees. School…