This paper traces the status of collective bargaining in education from its origins to the present. Following a brief history of collective bargaining efforts, a comparison of the traditional and the collective-bargaining approaches to school personnel administration is presented. An extensive analysis of State collective-bargaining statutes and a…

This is a guidebook for teachers in the public elementary and secondary schools on the subject of their legal rights. While public education is a state function, governed by laws, authority is delegated to local school boards. Areas in which a teacher may come in conflict with the governing body of the school are described. Freedom of speech, in…

In this report, the author examines current statutory and case law to determine the present legal restrictions on teacher behavior both in and out of the classroom. The discussion focuses on statutory provisions for teacher discipline and teacher conduct resulting in (1) certificate suspension or revocation, (2) suspension or dismissal, (3) loss…

In four sections, this newsletter issue presents: (1) a view of the problem of confidentiality and due process in relation to the Dinnan case; (2) a report of events occurring at colleges that are related to the Yeshiva University decision; (3) updates to June 1981 bibliographic citations concerning the Yeshiva University decision; and (4) a…

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…

This second chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting collective bargaining between staff members and management representatives in public education. Among the topics examined are constitutional issues associated with distribution of union materials, union…

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…

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…

This publication contains the edited text of the proceedings of the September 1976 Conference on Education for Georgia Legislators. Addresses by 20 experts from Georgia and around the country are presented. The proceedings are intended to help legislators, educators, parents, and others interested in deeper insight into the issues of educational…

This document describes in some detail the origins and implications of the Michigan Teachers' Tenure Act of 1964. After describing the nature and general effects of tenure, the document discusses specific aspects of tenure law, citing relevant court cases and decisions by Michigan's Tenure Commission. The first topic covered is probationary…

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…

This report discusses teacher organizing, strikes, collective bargaining and negotiations, contract settlements, economic issues, legal developments, and state legislative activities. The first section contains fact sheets and organizing literature from the National Education Association (NEA) and the American Federation of Teachers (AFT). A…