This article discusses recent court decisions affecting the relationship between teachers' associations and unions and the public agencies that employ those teachers. Topics discussed include constitutional rights, union representation and union rights, obligation to bargain and scope of bargaining, grievances and arbitrability, fiscal…

The accessibility of declaratory judgment would greatly diminish the propensity toward self-help to "solve" labor conflicts and would decrease the concomitant potential for violence and damages. Available from Seton Hall University School of Law, 1095 Raymond Boulevard, Newark, NJ 07102. (Author/IRT)

Authors discuss their experiences with each of four different types of strikes -- recognitional, jurisdictional, strikes during the term of an agreement, and economic strikes. Describes the effect these strikes as well as strike threats have had on the public sector. (JF)

An examination of how employers and employees may be encouraged to adapt to changing economic conditions through innovation and cooperation rather than conflict indicates that the system of dispute resolution in the United States contains substantial disincentives to resolving disputes through negotiation and substantial incentives to resolving…

Chapter 3 of a book on school law, this chapter focuses on 1979 cases related to collective bargaining. The author notes that, as in 1978, challenges to grievance arbitration and to the awards of arbitrators were the dominant subject of litigation, with scope of bargaining a distant second place in the list of subject areas. In addition, he has…

After noting the NEA's adoption of a resolution establishing guidelines for the settlement of impasses during school board/teacher negotiations, the paper discusses five ways California public school boards can regard employee strikes. They may view strikes as (1) illegal; (2) illegal, but necessitating procedures to deal with situations that…

In his introductory statements, the author notes that grievance arbitration has been the major single source of litigation and that scope of bargaining has become a central issue. These issues reflect the growing fiscal pressures on school boards to reduce positions, close schools, and take other economy measures. The author also notes that the…

This chapter summarizes recent state supreme court and federal court decisions involving collective bargaining for employees of public educational institutions. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976. In his discussion, the author attempts to integrate related…

In this report on decisions made by federal and state courts during 1983 concerning collective bargaining in public elementary and secondary education, it is noted that the number of cases rose substantially from 1982. The standards according to which these cases are determined are relatively well developed and stable, but are resistant to…

This chapter deals with the legal process by which employers and employee organizations discuss matters related to employment. The chapter is organized to reflect the initial sequence of events in the collective bargaining process. Cases are reported and analyzed in 10 sections: constitutional issues, authority to bargain in the absence of…

Collective bargaining is merely a process for reconciling the expectations of two parties in order to arrive at a written contract, according to the author. His paper describes the bargaining process, following chronologically its major steps. The paper begins with a discussion of the recognition and certification of teacher unions. The next…

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…

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…