In a previous article, Gordon A. Gregory and Mark Heinen criticized John M. Caraway's article describing recent successful experiences with the use of mediation in place of arbitration for failing to note the perception of the grievants. A reexamination of the data show that 80 percent of the grievants were satisfied with the mediation procedure.…

The California State Mediation and Conciliation Service, a state agency, has conducted approximately 150 mediations per year in public schools. Describes the use of grievance mediation in resolving disputes between California public school systems and their unions. (MLF)

This chapter focuses on 1981 cases relative to collective bargaining. The author notes that after a decline in litigation, as reported in the previous edition, the number of bargaining cases rose again during the past year. The dominant area of controversy involved grievance arbitration. The second largest number of cases, dwarfed by the first…

The two major areas of litigation concerning collective bargaining are challenges to arbitrability and to arbitrators' awards and contests over the scope of bargaining. As these topics indicate, there is currently more dispute over the differences the parties have in carrying out their bilateral relationship in bargaining than over the existence…

Chapter 3 of a book on school law, this chapter focuses on 1979 cases related to collective bargaining. The author notes that, as in 1978, challenges to grievance arbitration and to the awards of arbitrators were the dominant subject of litigation, with scope of bargaining a distant second place in the list of subject areas. In addition, he has…

In his introductory statements, the author notes that grievance arbitration has been the major single source of litigation and that scope of bargaining has become a central issue. These issues reflect the growing fiscal pressures on school boards to reduce positions, close schools, and take other economy measures. The author also notes that the…

This chapter deals with the legal process by which employers and employee organizations discuss matters related to employment. The chapter is organized to reflect the initial sequence of events in the collective bargaining process. Cases are reported and analyzed in 10 sections: constitutional issues, authority to bargain in the absence of…

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…

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…