Why are America's public schools falling so short of the mark in educating the nation's children? Why are they organized in ineffective ways that fly in the face of common sense, to the point that it is virtually impossible to get even the worst teachers out of the classroom? And why, after more than a quarter century of costly education reform,…

There are now nearly four million children born in the United States who have undocumented immigrant parents. In the current debates around immigration reform, policymakers often view immigrants as an economic or labor market problem to be solved, but the issue has a very real human dimension. Immigrant parents without legal status are raising…

This book uses the testimony given before the Commission on the Future of Worker-Management Relations to gain insight into the state of industrial relations and labor law in the United States. The book is organized in five chapters. The first chapter looks at the history of labor movements and labor legislation in the United States. Chapter 2…

The introductory chapter of this volume on immigration into the United States is entitled "Overview: A Time of Reform and Reappraisal" (D. Simcox), and it introduces the topics of reform, legal and illegal immigration, the effect of immigration on the labor market and social welfare, and immigration enforcement methods that are discussed…

This monograph analyzes the law of fair representation, as applied by the National Labor Relations Board and the courts, and its implications for individuals, union officials, and management. As employees increasingly turn to judicial and administrative agencies to protect their rights, the duty of fair representation has become a doctrine of…

The status of unionism among librarians in public and academic libraries, with emphasis on the years 1972 to 1975, is the subject of a report based on a search of the literature. The first section gives an indication of the frequency and mood of comment in the current professional literature. There follows a brief summary of library union…

This monograph examines the development of the substantive and procedural law regulating union discipline of members. Chapter 1 presents a brief introduction and describes the organization of the rest of the booklet. Chapter 2 discusses the state courts' intervention into union disciplinary proceedings and then examines the substantive rules that…

Most U.S. citizens support the elimination of race and gender prejudice and inequality, yet attitudes toward solutions have fluctuated in the years since the civil rights movement began. California, a state that has set precedent for antidiscrimination initiatives since 1934, is now at the center of struggles over affirmative action. The authors…

This document explores some of the interrelationships between the collective bargaining process and equal employment issues. The National Labor Relations Act, the federal collective bargaining statute, is the focal point of the labor law discussion because it has had significant impact on the drafting and interpretation of state labor legislation…

The economic and social pluralism that has allowed collective bargaining in the public sector has also contributed to the redefinition of labor and management. Principals, for instance, act as management in relation to teachers but, when faced with their own interests in salary, promotion, and termination, principals stand before the board and…

This paper surveys the legal aspects of tenure and arbitration under the Taylor Law, New York State's major statute governing collective bargaining for public employees (including teachers). The law outlaws teachers' strikes, but provides three methods of dispute resolution between employees and school districts (mediation, fact-finding, and both…

This monograph provides empirical evidence of the effects of advance notice. Chapter 1 summarizes theoretical arguments for and against plant closing legislation and the evidence of the extent to which advance notice currently is provided to displaced workers in the United States. Chapter 2 presents a summary of prior empirical research on the…

This monograph was prepared as an initial effort in development of a body of material for training public sector managers. It sets forth the basic principles of grievance arbitration covering discipline in the public sector. Major sections are devoted to the topics of just or proper cause for discipline, due process, the nature of discipline, and…

Chapter 7 in a book on school law traces the development of the legal doctrine of the Duty of Fair Representation. The "duty" resulted from judicial rulings by the U.S. Supreme Court to fight discrimination in railroad workers' unions. Other cases followed and the court expanded the doctrine of fair representation beyond racial…

Compiled in this document are nine articles addressed to trustees on collective bargaining in two-year colleges. Titles include: (1) Alternatives to Collective Bargaining; (2) Are There Alternatives to Collective Bargaining?; (3) Trustee Involvement in Preparation for Community College Collective Bargaining With Faculty--A Case Study; (4) The…