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…

Beginning with a review of recent literature on social conflict, this study adopts Coser's distinction between realistic conflict, which seeks to balance both sides of a disagreement, and nonrealistic conflict, which seeks domination by only one party. Where nonrealistic conflict develops in intense labor-management disputes in public school…

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…

A conference on new perspectives in school administration was held for elementary school principals in the summer of 1975 by the Confederation of Oregon School Administrators. This paper summarizes material presented in five topic areas by eight speakers. Steve Goldschmidt's talk on school law touched on the administrator's and the school's…

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…

Organizational hostility plagued the entire 1972-1978 Experimental Schools (ES) program in Constantine, Michigan, and ultimately resulted in its failure. Constantine had a history of conflict between those residents advocating local control and those, mainly newcomers, advocating external intrusions into the community. When the ES program began,…

This paper examines effects of pressure from the community and teachers' organization on interaction patterns or structures within schools, specifically on normative consensus, upward communication, and facilitative dependence. These structures help determine the extent of cooperation and support teachers receive. Questionnaire data from virtually…

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…

A policy systems theoretical analysis of the problem of institutionalizing innovation in an organization is summarized in a flow diagram. The model is presented in terms of specific hypotheses, and then illustrated with a case of frustrated innovation, the 1968-69 crisis and strike at San Francisco State College. The model is set up (1) to help…

The purpose of this handbook is to give both new and veteran California school board members a guide to the process of collective bargaining. In general, the board's role in collective bargaining is defined as including developing goals, selecting the board's representative, developing parameters, maintaining communications with the public,…

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…

AT THE ANNUAL MEETING OF THE COUNCIL OF CHIEF STATE SCHOOL OFFICERS HELD NOVEMBER 14, 1967, IN SAN JUAN, PUERTO RICO, THE EXECUTIVE SECRETARY OF THE NATIONAL EDUCATION ASSOCIATION DEFINED MAJOR FACTORS TO WHICH HE ATTRIBUTED UNREST AMONG TEACHERS IN AMERICAN SCHOOLS. THESE FACTORS INCLUDE RAPIDLY INCREASING SCHOOL ENROLLMENT, CONSEQUENT SOCIAL…

This booklet is intended to guide elementary and secondary school principals in preparing to cope with a teacher strike. Because each strike is different, major emphasis of the booklet is on anticipating common strike situations and on developing a local District Strike Plan. Guidelines are listed under a variety of topical headings, including…

An attempt to develop a predictive model of teacher militancy using the Automatic Interaction Detection technique is described. By employing teacher background characteristics and attitudes toward teaching, the resulting model explains a significant amount of the variation in the degree of teacher militancy in a medium size, midwestern city with…