In March 2017, the Supreme Court decided "Friedrichs v. California Teachers Association" and upheld the constitutionality of agency fees for nonunion teachers. We examine how "Friedrichs" reflects a host of issues grouped around a patchwork of ideological commitments regarding teachers unions and public-sector unions more…

In March 2017, the U.S. Supreme Court decided "Friedrichs v. California Teachers Association," a case addressing the constitutionality of "agency fees" for non-union teachers in California. Although the Court's 4-4 decision in the wake of Justice Scalia's death upheld the constitutionality of agency fees, several similar…

Since 1980, Michigan retirees have been afforded health care benefits for which they were required to pay 10 percent of the premium upon retirement--the remainder was paid for by the state. Recently, the Michigan Legislature reduced the financial obligation of the State for retiree health care benefits, placing it on the individual member. In…

Ohio's experiences in the areas of "voluntary" certification, mandatory scope of bargaining, remedies for refusals to bargain, grandfathering, mixed-motive discharges, and clear-and-present-danger strikes have been troublesome. However, the state's experience with agency shop agreements and deferral to arbitration has been sound. (MLF)

Rapid social changes, political turmoil, and the expanded body of school legislation indicate the need for school districts to have access to competent legal services. A permanent position of school attorney is recommended to prevent legal entanglements for the school district. A school attorney would provide routine legal services, legal counsel,…

In this report, the author discusses public employee negotiation legislation, issues and the basic law in negotiations, approaches and alternatives to bargaining, the negotiation process, and areas of special concern in negotiation. He concludes that one of the most important skills an administrator of the future might possess is a skill in…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

The performance evaluation of tenured teachers in the public schools raises significant legal issues particularly in the context of recent education reform efforts. Collective bargaining has expanded to become a central part of labor relations in public schools and has served often to neutralize threatening evaluations. As reform efforts demand…

This document presents an analysis of part-time employment issues in California community colleges, including a review of historical developments of the law covering the employment of certificated personnel, a review of some benefits and problems associated with part-time teaching, and consideration of part-time faculty employment as a major issue…

Five sections make up the contents of this newsletter. A section on the aftermath of the Yeshiva College decision looks at later court decisions, injunctions and "unprotected" unions, administration unfair practices, the possibility of an administration revoking recognition in mid-contract, and administration tactics in circumventing the…

This volume examines legal concepts and issues as they apply to colleges and universities, including the key cases, state and federal statutes, and administrative rules and regulations. Chapter 1 describes the legal parameters of the nation's court system and the historical heritage of both public and private institutions of higher education.…

Summarized from a national study of part-time college faculty employment are the legal developments that affect the rights of part-time faculty. The part-timer has long been a marginal employee in academe, but recent developments in the law clarify the degree to which he holds some measure of job security, rights to equal pay, and the protections…

This book is designed to acquaint Missouri teachers with the state laws that affect them. Teachers' legal status, their rights, duties, and obligations are defined. Examples are taken from constitutional provisions, judicial decisions, and statutory enactments to show both general aspects of school law for all teachers and specific applications to…

The need for college trustees and administrators to develop better procedures and management techniques to minimize potential liability to lawsuits is addressed. A trend for seeking judicial relief on campuses and suits filed against deans, trustees, and presidents, as well as the school, are noted. Trustees need to be informed about new…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…