In "Garcia v. San Antonio Metropolitan Transit Authority" (1985), the United States Supreme Court ruled that the Tenth Amendment does not preclude application of the federal minimum wage act and the Fair Labor Standards Act to state and local government employees. This paper explains "Garcia" history and implications for…

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

Summarizes problems facing public-sector labor organizations in charging and collecting fair share fees for services rendered to nonmembers. (MD)

An understanding of unfair labor practices and grievances in public education requires an examination of court decisions in areas of collective bargaining. In 1935 Congress enacted the National Labor Relations Act, granting only to private-sector employees the right to organize and bargain collectively. By the 1970's most states had rejected the…

This document provides an update on legal developments affecting negotiations between school boards and school district employees in New Jersey and discusses trends in union and board proposals and tactics. In the opening section, the available literature on bargaining is briefly reviewed. Section 2 defines the scope of negotiations for New…

Explains schools' responsibilities in complying with the Occupational Safety and Health Administration's (OSHA) Bloodborne Pathogens Standard. Describes exposure determination plan, protective equipment, housekeeping practices, labeling of waste, training employees, hepatitis B vaccinations, postexposure evaluation and medical follow-up, and…

This paper evaluates the Shannon versus Bepko case in which a university employee filed suit in federal court against four individuals in their official capacities as employees of Indiana University-Purdue. Defendants claimed the eleventh amendment barred actions against them in their official capacities. (DB)

Most of the cases of unfair employment practices fall under one of four pieces of federal legislation. Outlines the scope of the laws and offers guidelines that can provide administrators some protection against becoming a defendant in an unfair employment suit. (MLF)

In 1990 the Americans with Disabilities Act (ADA) became law to ensure the full participation and equal opportunity of the disabled in the United States. Among its many requirements is the obligation on employers, including school districts, to provide those applicants and employees with disabilities who possess the requisite skill, education,…

For this kit, 119 Association of Research Libraries (ARL) member libraries were surveyed to ascertain the extent of employee award programs. The survey focused on identifying how many member libraries have an employee award program and also gathered information on the nature of these programs. Questions were designed to identify what is rewarded,…

This volume contains 32 articles and sample documents treating legal issues in higher education employment focusing on major issues arising in a non-unionized setting. The first of six sections contains seven articles on the employment relationship in general that touch on current legal trends in employee selection procedures, employment…

Discusses (1) a Michigan court decision concerning reverse discrimination and voluntary affirmative action policies; (2) the Massachusetts Supreme Court's rejection of the work-to-rule strategy; and (3) an Arkansas law that will allow teachers failing a basic skills and literacy test to be fired only when their state certification expires. (MLF)

The third in a four-lesson continuing education course, this article discusses the legal responsibilities of libraries involving the hiring, training, evaluation, and dismissal of employees. The effects of collective bargaining are discussed, and strategies for effective employer employee relationships are suggested. (9 references) (CLB)

Reviewed in this chapter are decisions handed down in 1982 involving aspects of collective bargaining. Much of this litigation is perceived as rooted in attempts by school boards to upset awards of arbitrators or by efforts of employees' associations to consolidate dearly-won power; these actions result from many boards' and associations'…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…