This article introduces a novel process-based teaching methodology called the legal learning cycle and utilizes a contracts case study to illustrate this learning process in action. The legal learning cycle is an active learning resource and approach that engages students, demonstrates relational contracting principles, and exposes students to…

This chapter discusses litigation touching on collective bargaining issues. The chapter is organized to follow the collective bargaining process, from cases dealing with union organizing to cases involving arbitration. Issues covered also include determination of bargaining units, scope of bargaining, union security, and unfair labor practices in…

Forty pairs of separated parents were randomly assigned to attempt to settle their child custody dispute either in mediation or through adversary procedures. Outcomes of the two methods of dispute resolution were compared in regard to diversions from court, parents' evaluations of the court experience, and parents' psychological adjustment.…

This bibliography represents the latest in a series of publications which expand coverage of retrospective and current references regarding labor relations that affect the numerous constitutencies within higher education. The compilation includes 992 citations with reference to: (1) Affirmative Action, (2) Arbitration Awards, (3) Court Cases, (4)…

Most teachers believe that class size is an important factor influencing the achievement and personal development of students and that it deserves high priority in educational policy-making. Most administrators too believe that class size is important, but are faced with the dilemma of balancing the costs required to maintain small classes with…

Mediation can be an efficient and appropriate process for resolving civil rights complaints. A survey of 36 human relations and civil rights offices in 10 states confirms that mediation is too seldom used, although there is interest in mediation practices. Problem areas in mediation are discussed. (SLD)

Describes the use of a problem-solving negotiation model to resolve disputes under Part H of the Individuals with Disabilities Education Act and the need for formal education and training in problem-solving negotiation in early-intervention systems for children with disabilities. (Author/CR)

An overview is given of the mechanics of dispute resolution under Title VII of the Civil Rights Act of 1964. Described and analyzed are the various stages during the processing of a dispute when settlement is possible. The effects of Bakke and Weber decisions on the process are considered. (MSE)

In this report on decisions made by federal and state courts during 1983 concerning collective bargaining in public elementary and secondary education, it is noted that the number of cases rose substantially from 1982. The standards according to which these cases are determined are relatively well developed and stable, but are resistant to…

This document presents a review of what higher education agreements say about dues checkoff and union security. This study involved review of contracts negotiated by affiliates of the three national organizations, the American Association of University Professors (AAUP), the American Federation of Teachers (AFT), and the National Education…

Developments in the area of academic collective bargaining are examined. Issues pertaining to interest and final offer arbitration are discussed, with attention to authority of judicial arbitrators and interest arbitrators, standards for the interest arbitrator, and public sector problems. Information on strikes in the fall of 1980 indicate no…

This article discusses recent court decisions affecting the relationship between teachers' associations and unions and the public agencies that employ those teachers. Topics discussed include constitutional rights, union representation and union rights, obligation to bargain and scope of bargaining, grievances and arbitrability, fiscal…

There is a range of topics in union agreements in which part-time faculty are addressed. Statements of recognition in agreements may do one of three things: (1) note the inclusion of part-time faculty; (2) define the term part-time; or (3) specifically exclude the union's right to represent these faculty members. The nature of the appointment and…

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…