Academic freedom is a fundamental concept that exists to ensure that institutions of higher education function for the public good and that colleges are constructed on the foundations of genuine trust. For over a century, members of The American Association of University Professors (AAUP) have been agile guardians, careful stewards, and erudite…

Tensions over faculty control of the fruits of their scholarship have been slowly building since the 1980s, but they have also intensified since late 2011. There have long been differences of opinion over ownership of patentable inventions, but over the last two years a number of universities have categorically asserted that they own these…

This study focuses on Public Act 103 of 2011, which made teacher evaluation, layoff policies and teacher placement prohibited subjects of bargaining, among other things. After surveying 200 Michigan school district collective bargaining agreements, this study finds that as many as 60 percent of districts could have collective bargaining agreements…

One of the author's enduring concerns about the concept of academic freedom is with semantics. It has seemed to him that one of the biggest difficulties with discussions of academic freedom (as with many conversations about "value-laden" terms such as "democracy," "equity," and "justice") is that people begin from different positions and with…

Examines the ways in which an increasing reliance on explicit rules tends to undermine higher education's traditional governance models, which promoted academic freedom, and to replace them by "rational management" models, which may not. (Editor)

Effectiveness in collective negotiations depends significantly on how well administrators can communicate the issues under discussion to their management team. SB 160, a newly-defined negotiations process is forcing administrators to focus more sharply on middle management. A new component in management, the Management Alternates Team, was…

Collective bargaining is a technology and not a philosophy or set of moral values. There seems to be an almost irresistible urge among authors of educational bargaining statutes to adopt the basic tenets of private-sector labor law. However, employment and collective bargaining are different in the public sector than in the private sector, and one…

Article provides an analysis of the structure and character of faculty unionism and discusses some of the major definitional issues as well as some current indices of the status of collective bargaining. (Author/RK)

Judicial interference with National Labor Relations Board decision making by the Supreme Court is reviewed. The merits of the Yeshiva decision and the particular significance of the Court's interference with the National Labor Relations Board definition of "managerial" are assessed. (AVAIL: University of Akron School of Law, Akron, Ohio…

Balance of power shifts in education have led to dramatically changed concepts of authority role relationships in school systems. There is a growing appreciation of the need for valid, knowledgeable inputs to the administrative decisionmaking process from various organizational levels, and a growing understanding of the values of well-conceived…

Resolution processes as provided for in complaint, grievance, and arbitration procedures found in collective bargaining agreements in four-year colleges and universities are reviewed. There is a variance in collective bargaining agreement definitions of a grievance and of a complaint. A common definition of a grievance and a complaint and some…

The subject of collective bargaining negotiation impasse procedures in the public sector, which includes public school systems, is a broad one. In this speech, the author introduces the various procedures, explains how they are used, and lists their advantages and disadvantages. Procedures discussed are mediation, fact-finding, arbitration,…

As one in a series of articles written by different professionals concerned with Alaska Native land claims, this article focuses on the role of village and regional corporations as established under the Alaska Native Claims Settlement Act of 1972. Designed to stimulate careful political/historical reading and discussion at an advanced secondary or…

This article outlines the significant legal decisions regarding collective bargaining in Catholic schools, identifies the governance structures employed in Catholic schools and the methods of translating these governance structures into documents required by civil law, and concludes with the citation of two recent court decisions that demonstrate…

An analysis of higher education collective bargaining agreements reveals that the question of faculty productivity is addressed almost exclusively in terms of workload, with the emphasis on efforts that are quantifiable. These workloads are defined in terms of minimums and maximums. Typically each agreement defines in specific terms what the…