Teachers unions have had a "muscular" presence in some states, but in others, especially in the South and Southwest, the unions have held little power in recent decades, and the growing dominance of conservative Republicans in state legislatures and statehouses was creating a hostile environment with right-to-work (RTW) laws. The…

The number of reported cases dealing with collective bargaining increased for the second consecutive year. While there was a significant amount of litigation, including one Supreme Court case, the courts relied on established precedents in deciding the many different issues confronting them. The review addresses the following topics at the K-12…

The most significant change appearing in the collective bargaining area in 1989 was the drop in number of cases compared to recent years. The largest number of cases challenged the specifics of fair share fee level establishment and the processes in place for collection of fees. There were also a significant number of cases surrounding issues of…

The amount of collective bargaining litigation remained high in 1988; however, there were no United States Supreme Court cases concerning collective bargaining in education, nor were there any new trends or developments. The review addresses the following topics at the K-12 level: (1) constitutional issues; (2) recognition and representation…

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…

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…

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…