Literaturnachweis - Detailanzeige
| Autor/in | Baldwin, Grover H. |
|---|---|
| Institution | National Organization on Legal Problems of Education, Topeka, KS. |
| Titel | The Implications of "Good-Faith" Negotiation Provisions for "Meet and Confer" Laws. |
| Quelle | (1985), (20 Seiten) |
| Sprache | englisch |
| Dokumenttyp | gedruckt; Monographie |
| Schlagwörter | Stellungnahme; Collective Bargaining; Court Litigation; Elementary Secondary Education; Employer Employee Relationship; Information Needs; Labor Relations; Negotiation Impasses; Postsecondary Education; Scope of Bargaining; Unions |
| Abstract | A review of good faith requirements under meet and confer laws for public sector negotiations raises implications for school district management decisions regarding negotiations. First, it appears that state courts are being influenced by National Labor Relations Board and federal court rulings that pertain to the private sector, causing private sector negotiating strategies and reasoning to be applied to public sector negotiations. Second, the rulings that apply National Labor Relations Act provisions to public schools require boards to make every effort to reach an agreement with the employees' union. Anything that gives the appearance of surface bargaining, or merely going through the motions to satisfy the statutory requirements so that the boards can reach impasse and make unilateral changes, will be suspect and challenged and may well lead to a finding of bad-faith negotiations. Third, private and public sector rulings have expanded good faith rulings to include the need to provide information to substantiate proposals, counterproposals, and claims by management, as well as to provide information to employee representatives to permit the fulfillment of responsibilities to administer and police the contract. On balance, the efforts by the courts to provide the atmosphere for good faith negotiations via application of private sector standards to the public sector is a trend worth watching for those who negotiate in this arena. (MLF) |
| Erfasst von | ERIC (Education Resources Information Center), Washington, DC |
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