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This study investigated Nigeria's private university lecturers' welfare and their legal rights. The study adopted a doctrinal approach which enabled a proper examination of the extant laws applicable to a lecturer as an employee and the reviewed laws included: the Constitution of the Federal Republic of Nigeria 1999 (as Amended), Labour Act Cap L1, LFN 2004, Industrial Training Fund Cap 19 LFN 2004 (as Amended), National Health Insurance Scheme Act, Cap N42, LFN 2004, National Housing Fund Act, Cap N45 LFN 2004, Pension Reform Act 2014, Personal Income Tax Act Cap P8 LFN 2004, Trade Dispute Act Cap T8 LFN 2004, Trade Unions Act Cap T14 LFN 2004. The study made a case for lecturers with the private universities in comparison to their counterparts with the public owned universities. The findings showed that there is wanton disregard for the extant provision of the Labour Act in Nigeria amongst the lecturers working with the private universities. Similarly, the study likewise discovered that there is paucity of reported cases regarding enforcement action involving private university lecturers and their employers. The study perceives that the inability of private university lecturers to demand for their rights is because the Nigerian law also allows freedom of contract in upholding and binding employers and employees to their agreements. Recommendations from the study asserted that the lecturers are entitled to same right as every other professional employee in Nigeria. This exposes the lecturers in the private universities to a weak state where despite the existence of the laws protecting their rights, they are unable to leverage on the existing laws to advance their rights. [For the complete Volume 21 proceedings, see ED629259.]

This collection of 18 papers review the fundamentals in collective bargaining in higher education. Areas discussed include arbitration, grievance preparation, the collective bargaining process, diversity, technology, staff bargaining, and faculty and staff participation in employee involvement schemes. An annual legal update is included. The papers are: (1) "Higher Education Collective Bargaining: Issues for the 21st Century" (Stephen Trachtenberg); (2) "Higher Education Unions in a Time of Change: Collective Bargaining and Affirmative Action" (Terry Jones); (3) "Recent Trends in Collective Bargaining in Canada" (Donald C. Savage); (4) "Reflections Upon 25 Years of Faculty Unionism" (Arnold Cantor); (5) "Compulsory Arbitration of Discrimination Claims under Collective Bargaining Agreements" (Nicholas DiGiovanni, Jr.); (6) "Arbitration in Faculty Higher Education" (Nicholas Russo); (7) "Grievance Preparation From the Union Perspective" (C. J. Elder); (8) "Grievance Preparation: A Management Perspective" (Esther Liebert); (9) A Union View of Faculty Collective Bargaining at the Two-Year Institution" (James Rice); (10) "A President Speaks on Faculty Collective Bargaining at the Two-Year Institution" (Salvatore G. Rotella); (11) "Bargaining Under the Shadow of Yeshiva at Hofstra University" (Estelle S. Gellman); (12) "Faculty Collective Bargaining at Adelphi University" (Stephen Goldberg); (13) "A Genuine System of Collegiality Would Tend to Confound Us" (George Sutton); (14) Staff Collective Bargaining in the California State University: Ending the Cycle of Non-stop Bargaining" (Samuel A. Strafaci); (15) "Staff Bargaining in Higher Education" (Brenda Richardson Malone); (16) "Participation in Decision-making in Higher Education: Oxymoron or Opportunity?" (Walter J. Gershenfeld); (17) "The Management Perspective" (Ira Michael Shepard); (18) "The Union Perspective" (David J. Strom and Stephanie Baxter). (LEE)

This report focuses on current trends of women in the workforce, issues they face with child care, and how the implications of those trends and issues have influenced corporate and governmental response. In 1990, 47% of the working mother population relied on spouses or relatives to provide care for their young children. Between 2 and 5 million children ages 6 to 13 are on their own between the time school lets out and when their parents return from work. Licensed day care centers account for the care of approximately 10% of the 8.5 million children under six years of age. For families earning $15,000 or less annually with a child under 5 years of age, childcare expenses consume 23% of all household expenditures. For families earning over $50,000 the percentage falls to 6%. Even in states where overall supply of child care is high, access is sharply lower in poorer areas and rural communities. The high cost of child care restricts women's employment prospects, both in terms of current employment status and the amount of time they spend in paid work. The professional part-time workforce, job sharing, shift work, flexible work hours, corporate responses, and federal programs as they relate to employed parents are discussed. (JBJ)

As workforce development and school-to-work transition are moved onto the national agenda, so are public officials pressed to cut the federal deficit and budget. Consequently, the National Occupational Information Coordinating Committee (NOICC) and other federal education and labor programs have faced rescissions." Legislative proposals reauthorizing education and labor programs emphasized the importance of providing customers with occupational and labor market information and career development assistance, longtime central concerns of NOICC. That their importance has been recognized is a tribute to NOICC's success, but not necessarily to its survival. Current legislative proposals recognize the need for comprehensive labor market information, but they do not recognize the need for NOICCs or SOICCs. In this fiscal climate NOICC/SOICC must make the case for their survival. Some suggestions for making the case include a focus on end results of the NOICC/SOICC Network which include: a new career planning computer system; career development and information delivery system components; career development programs; training programs; and career information. Possible takeovers and mergers are discussed briefly. (JBJ)

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 more and tougher performance evaluation, teachers and unions will mount more vigorous defense and press for the right to bargain the criteria, ratings and other key evaluation pieces. Consequently, legal issues will continue to expand into teacher evaluation. In all evaluation the burden of proof rests with the district which must design clear, unambiguous criteria. All states have some tenure or continuing contract laws which also provide for notice and a hearing before dismissal of tenured teachers. Often a teacher may seek to eliminate a negative evaluation by invalidating the evaluation process as unfair on some grounds. When an evaluator rates a teacher "unsatisfactory" the evaluation clearly becomes summative and the evaluator must be careful to preserve the integrity of the data and good faith in the process at all costs. (Contains 20 references.) (JB)

This conference proceedings report focuses on the theme of "lifelong transitions" in the context of strengthening linkages between the Office of Special Education and Rehabilitative Services and parents and families of special needs students throughout the United States. Section 1 includes the following presentations: "Lifelong Transitions" (Robert R. Davila); "Transitions, Empowerment, and Independence: The National Institute on Disability and Rehabilitation Research's (NIDRR's) Role" (William McLaughlin); "Reauthorization of the Rehabilitation Act as It Relates to Transition" (Nell Carney); "IDEA (Individuals with Disabilities Education Act) Update" (Judith A. Schrag); "Transitions: A Personal Perspective" (George Covington); "Transition through the Lifespan" (Patricia McGill Smith); "Supported Employment" (Sharman Davis Jamison); "Housing: A Vital Component of the Transition Process" (Martha Ziegler); and "Empowerment and Decision Making through Group Action Planning" (Ann and Rutherford Turnbull). Section 2 offers summaries of issues and strategies identified in each of four groups, which discussed: (1) early and direct involvement of all relevant parties in planning for transitions; (2) availability of transition resources and support services including health, supported living, and working vendorships; (3) self-determination and quality of life; and (4) training consistent with community and labor market demands. These are followed by interpretations of the Fair Labor Standards Act. Section 3 contains profiles of approximately 250 federally funded projects which address: transition in the early years, self-determination, transition in postsecondary programs, transition from school to work, supported employment, and transition services training for related personnel. A conference agenda and participants list are appended. (DB)

This publication contains 17 papers on the impact of collective bargaining on higher education over the past 20 years. The papers are grouped in four sections on the state of unions in higher education, individual and collective rights in the academy, bargaining in the trenches, and overviews of past and present legal issues. The papers are: (1) "Robust Unionism and Unions in Higher Education" by Arthur B. Shostak; (2) "Can Collective Bargaining Help Institutions During a Period of Constrained Resources?" by T. Edward Hollander; (3) "Is Unionization Compatible with Professionalism?" by David M. Rabban; (4) "Changes in the U.S. System of Industrial Relations: Its Impact on Collective Bargaining in Higher Education" by James P. Begin; (5) "Unions in a Battered Academy" by Irwin H. Polishook; (6) "The Impact of the Constitutionalization of Higher Education on Collective Bargaining: Individual Rights vs. Collective Action" by David H. Rosenbloom; (7) "Professional and Legal Limits to Academic Freedom" by Walter P. Metzger; (8) "Academic Freedom: Are There Permissive Parameters to Free Speech in the Academy?" by Timothy Healy; (9) "Peer Review and the Union: Hero or Hostage?" by Barbara A. Lee; (10) "When Collective Bargaining Fails: An Academic Perspective" by David Kuechle; (11) "When Collective Bargaining Fails: A Management Perspective" by Thomas M. Mannix; (12) "Collective Bargaining Is the Name of the Game" by David Newton; (13) "Dispute Resolution in Higher Education Collective Bargaining" by Norman G. Swenson; (14) "The Employee Health Care Cost Crisis" by Michael R. McGarvey; (15) "Seminal Legal Developments of the Past Twenty-Five Years Affecting Higher Education Collective Bargaining" by Ann H. Franke; (16) "Twenty-Five Years of Seminal Legal Developments in Higher Education Collective Bargaining" by Woodley B. Osborne; and (17) "Campus Bargaining and The Law: The Annual Update" by James Cowden. (JB)

The following papers are included: "Introduction: Labor in a Global Economy" (Hecker, Hallock); "Labor in a Global Economy" (Marshall); "Canadian Labor Strategies for a Global Economy" (Carr); "Recent Developments in the Canadian Political Economy" (Watkins); "Labor and Politics in the U.S. and Canada" (Bernard); "The Political Action Strategy of the Washington State Labor Council" (Kenney); "Restructuring in Industrial Relations and the Role for Labor" (Verma); "Trade, Competition, and Jobs: An Internationalist Strategy" (Dorman); "Labor Alternatives to International Competition" (Donohue); "Challenging the Ethic of Competitiveness: What's at Stake for Labor" (Gerard); "An International Mobilization Strategy" (Cohen); "Mobilizing across Borders: Unions and Multinational Corporations" (Pomeroy); "Expanding Labor's Agenda: Community Coalitions, Capital Strategies, and Economic Development" (Swinney); "Labor Has No Choice But to Play the Capital Strategies Game" (Tusler); "Achieving Authentic Labor Market Flexibility: A North-American Union Perspective" (Marschall); "Australian Union Movement Strategy" (Ogden); "Flexible Labor Markets and Labor Training--An American and International Analysis" (Deutsch); "Flexibility, Job Security, and Labor Market Policy" (Flumian); "The Impact of International Capital on Australian Labor" (Wheelwright); "A Most Un-labourlike Experience--Six Years of a Labour Government in New Zealand and Its Impact on Organized Labor" (Harbridge); "The New Work Force: Management and Labor Strategies" (Nussbaum); "The Contingent Workforce in Canada: Problems and Solutions" (MacPhail); "A Multicultural Framework for Worker Education" (La Luz); "The Politics of Privatization" (Clements); "Fighting Privatization: The British Columbia Experience" (Shields); "The Right to Organize: Labor Law and Its Impact in British Columbia" (Lanyon, Edwards); "Organizing in Canada: Adapting to Changing Conditions" (Oleksiuk); "Organizing Immigrant Workers in the Global Economy" (Quan); "The Deficiency of the Voluntary Compliance Model as a Public Policy Instrument in Workplace Health and Safety in Canada" (Sass); "Occupational Health and Safety Twenty Years after OSHA" (Baker); "Pattern Bargaining in the Pacific Northwest Lumber and Sawmill Industry: 1980-1989" (Widenor); "Pattern Bargaining in the Wood Products Industry in Western Canada" (MacLellan): "Current Issues and Future Strategies for Forest-Product Unions" (Scott); "Paying Too Much, Buying Too Little: U.S. Medical Care on the Critical List" (Schoen); "The Uninsured and Rising Health Care Costs" (Brown); "Health Care: Lessons from Canada" (Schreck, Petrie); and "The Role of the States in Health Care Reform" (Kitzhaber). (YLB)

Arbitration decisions resulting from school district disciplinary actions and professional employee grievances are studied to determine the extent to which school district decisions are upheld by arbitrators, and to identify factors for the support, modification, or contest of a district decision. Data sources are 333 arbitration cases from 27 states and the District of Columbia that were voluntarily reported to the Labor Relations Press during 1972-1987. Case scope, categories of offenses, district actions, and arbitrators' decisions are presented and compared by 4-year periods. Changes in the types and frequencies of arbitrated offenses reflect a decrease in cases involving teacher competency and an increase in conduct grievances. Although an increasing number of school district decisions have been upheld, arbitrators rule against districts a majority of the time. Findings indicate that the number of least severe corrective actions has decreased significantly, accompanied by an increase in the number of most severe sanctions. Collective bargaining's grievance procedure has changed the focus of employee management from competence to conduct that results in competence. Tables provide statistics that support the conclusions. (9 references) (LMI)

The development of industrial democracy in Norway is traced by the speaker in introducing an international conference on manpower training and development. As a context for the chain of events to be examined, basic information about Norway is presented: population data, the country's democratic tradition, the history of industrial development, the main organizations in working life (Norwegian Employers' Confederation--N.A.F.--and the Norwegian Federation of Trade Unions--LO), and the labor movement and the founding of the Labor Party by the LO. The speaker describes the processes by which industrial democracy has developed during the past century. (AJ)

The existence of compulsory school attendance at the secondary level may help to assure school attendance for some students, but it does little to assure that any will learn. Both the laws requiring attendance and the basic high school programs offered in most states must be remodeled. Arizona's system provides a good example. Although Arizona's attendance laws require only that a child attend school through the eighth grade, most students stay through high school. A number of factors account for the schools' retention of students. One is the state's child labor laws that limit the number of available worthwhile jobs for youths under age 16. Another is the state's program of work-study courses, vocational education, and career education. It is hoped that a student's exposure to these kinds of courses and programs will help him set a personal goal or develop an idea of what he wants for the future. The state also has an extensive special education program for meeting the needs of students who have difficult learning experiences and who are prime candidates to become dropouts. Finally, societal pressure and self-respect help keep students in school until they have acquired enought education to enable them to be self-supporting and productive. (Author/IRT)

This document contains edited presentations given during a conference on teacher negotiations and solutions to impasse in Rhode Island. The principal speakers were Henry J. Nardone, chairman of the Elementary and Secondary Education Sub-Committee of the Board of Regents; Julius C. Michaelson, Attorney General for Rhode Island; and Dr. Peter Feuille, Assistant Professor of Organization and Human Resources at the State University of New York at Buffalo. Nardone discussed the Regents' ideas on impasse resolution, Michaelson discussed the current state legislation concerning teacher strikes and argued for the advantages of binding arbitration over strikes, and Dr. Feuille discussed a number of negotiation impasse resolution alternatives that are in use outside of Rhode Island. (IRT)

The 1975 conference of the National Center for the Study of Collective Bargaining in Higher Education covered a wide range of topics. The proceedings included discussion of such areas as collective bargaining's impact on governance; the U.S. Congress and public employee legislation; federal legislation from a management perspective and from a union perspective; the Canadian experience with collective bargaining in higher education; the conflict between collective bargaining and tenure; collective bargaining and the two-year college; private college bargaining problems; dispute settlement techniques; management rights in college contracts; disparities between university and private sector collective bargaining; and affirmative action and collective bargaining. (JMF)

Collective bargaining is a technology and not a philosophy or set of moral values. There seems to be an almost irresistible urge among authors of educational bargaining statutes to adopt the basic tenets of private-sector labor law. However, employment and collective bargaining are different in the public sector than in the private sector, and one should analyze the unique constraints present in public employment prior to wholesale adoption of the tenets of private-sector bargaining. An element that should be recognized in modern American labor relations is the accelerating rate of change in education, in educational administration, and in the psychology of organizations and individuals. The public sector is fundamentally different from the private sector in its organization, mission, purpose, operations, and reporting requirements. Yet many private-sector terms are being used in educational negotiations without questioning their validity. The basic question is whether collective bargaining will change to accommodate government or government will change to accommodate collective bargaining. (Author/JG)

Problems have arisen with the Michigan Public Employment Relations Act, which allows collective bargaining for public employees, because the act does not extend the right to strike and has no provision for a final resolution of a bargaining impasse in the event that voluntary settlement is not achieved. Neither voluntary negotiation nor fact-finding has been successful when the bargaining parties are far apart and the issues are numerous. The prohibition against striking has not worked either. The best solution to the collective bargaining issue is a combination of limited right to strike with binding "last-best-offer" arbitration. The limited strike right should include economic penalities for teachers and the school district and should restrict the length of time the strike can continue so as to limit the harm done to the public interest. (Author/IRT)

Underutilization of evaluation findings relative to the Comprehensive Employment and Training Act (CETA) legislation may not stem primarily from factors usually identified in the literature (e.g., methodological reasons) but may be superseded by a more potent factor such as the prominence of the policy or program on the national agenda. Viewed from an evaluator's perspective, strategies to increase use of evalation findings and barriers which may prevent such use are seen as having methodological or organizational roots. However, the slow but identifiable shift from decategorized to more categorized employment and training programs can be traced through a series of strong federal administrative initiatives that have altered the balance of power between federal, state, and local government delivery of employment and training activities. CETA, then, must be viewed as more than a training program. It is a part of national economic policy, and as such, responds to some of the ideas in good currency (e.g., high unemployment) which are then politically subsumed under its rubric. Therefore, by looking at programs in relation to (1) their place on the national agenda and (2) the ideas in good currency to which they relate, evaluators could more clearly focus evaluation questions in order to meet the needs of decision makers. Other types of evaluation activity, such as economic and other outcome factors, will also have a better chance of having an impact on policy making because they more directly adress ideas in good currency. (MEK)

Interviews with persons responsible for interpreting and transmitting labor relations policy to negotiators at the local school district level in New York revealed considerable consistency in the ways the relevant laws, regulations, and legal opinions were assessed and used. Policy interpreters turned first to documents and then to consultants when faced with matters difficult to resolve. The techniques adopted for analyzing and disseminating policy information were found to be fairly uniform. The policy interpreters had a dual view of policy, regarding it both as a set of universalistic principles embodied in statute and decision, and as a set of devices to be used for tactical purposes as dictated by local circumstances. The authors of this report indicate that it is commonly understood that state interests in labor relations policies are to be subordinated to the needs of local situations. The authors suggest that this common understanding makes labor policies more effective at the local level than almost all other policies, which tend to be characterized by an insistence on the dominance of the state's interests over local interests. (Author/PGD)

Three persistent misconceptions about collective bargaining for public employees are 1) that public employee organizations are singularly culpable for strikes in the public sector, 2) that strikes necessarily follow collective bargaining and will not occur unless the right to bargain has been granted, and 3) that public employees have less right to "life, liberty, and the pursuit of happiness" than private-sector employees. Contrary to the second misconception, private-sector experience since the enactment of the Wagner Act in 1935 has shown that it is the absence of collective bargaining that brings strikes and disorder. Collective bargaining, mediation, fact-finding, and arbitration have the potential to resolve discontent without a strike. The price of stability is equity. Deny equity and induce instability. Teachers will go on strike only as a last resort, only if they see no reasonable and logical alternative. Unhappily, there is no national standard governing collective bargaining for public employees, and the consequences of state-by-state regulation are both illogical and inequitable. (Author/JG)

Collective bargaining relationships in school districts are affected by court actions in a variety of ways. Courts have acted as a "surrogate legislature" by providing legal structures where legislation is absent and by modifying legislation through the process of statutory construction. This paper examines the courts' role in structuring bargaining relationships. Three detailed case studies are presented. The first case, from Hazelwood, Missouri, demonstrates how judicial involvement can affect the existence of bargaining relationships in a school district and the development of such relationships. The second case reviews the impact of the 1968 "Holland rule," requiring careful judicial scrutiny of a strike before injunctive relief is granted, upon subsequent events in Michigan and elsewhere. The third case study examines the initial effects of a California Supreme Court case and shows how the courts can affect the role of public employment relations boards in labor-management relations disputes in public education. In a concluding section the authors note that the courts, using familiar judicial paradigms, regularly structure bargaining relationships. The authors also discuss some of the underlying limitations of judicial structuring of school labor-management relations. (Author/MLF)

As increasing numbers of women make the transition from the household sector into the labor market, dramatic changes in household composition have occurred that have thrust many women into the role of provider. This new role for women has led to dramatic and rapid changes in attitudes, as well as in the institutions and laws relating to women's work roles and conditions of employment. Despite the rapid change in women's work roles associated with the transformation of the household, a significant gap still exists between the pay received by men and that received by women. One consequence of this gap has been the feminization of poverty, a problem that affects younger and older women alike. Included among the many needs created by the transformation of the household are the need for social services for families, for flexible working arrangements and increased part-time employment opportunities, and for eliminating existing inequalities in the tax laws and in Social Security. A policy agenda for working women must begin by rejecting outmoded stereotypes about women's work and by recognizing the needs of women as providers. Particularly needed are provisions guaranteeing equal pay, adequate child care and support services, and equal employment opportunity for members of both sexes. (MN)

Despite much publicity, hearings, legislative efforts, and other minor accomplishments in recent years, migrants are still one of the most disadvantaged and impoverished groups in the U.S. Among their problems is that they have neither the political, economic, nor other means of mitigating their problems. Some of their problems include uncertain jobs, changing work locations, seasonally induced intermittent work periods, traveling to distant areas, temporary and often inadequate housing, low earnings, fewer educational opportunities, and lower educational attainment. Their only hope of alleviating these problems remains in congressional action to: (1) change current laws which exclude farmworkers from social protections and (2) amend the Immigration and Nationality Act, thus reducing the excessive and potentially endless supply of workers from Mexico. Yet, the migrant's crucial need is for a more active and effective policy by the Federal Government to: (1) mitigate the extreme severity of migrancy and (2) determine and implement measures which will help to eliminate migrancy. (NQ)

The statement represents a review of the general views of the 80 participants from 16 States and the District of Columbia as prepared at the close of their discussions of the changing world of work in the United States. Major questions addressed by the group dealt with the three distinct forces involved in the cross currents of rapid change: the institutions and the jobs they provide, the society at large, and the individual worker. Needed changes can be effected through the efforts of employers, unions, and the Federal government. Presupposing the development and maintenance of a high level of employment, recommendations are presented regarding: (1) flexibility in employment practices, (2) part-time employment, (3) vocational preparation, (4) racial discrimination, (5) women, (6) middle-aged and older workers, and (7) pension plan reform. A list of assembly participants concludes the report. (MW)

This collection of five papers on labor relations was adapted from speeches presented at the Institute of Professional Librarians of Ontario seminar on labor relations and the librarian. The first speaker, Mr. David Kates, traced the history and philosophy of labor legislation in Ontario and emphasized current practice in collective bargaining in relation to the Ontario Labour Relations Act. Professionals and the collective bargaining process were discussed by Val Scott in the second speech. Aubrey Golden gave a summary of the history of trade unions and collective bargaining and spoke on the problems and difficulties in organizing professional groups. The fourth speaker, John Hurst, covered management responsibilities and the relationships of management to the employers. In the final address, Elmo Gilchrist related his experiences and problems in organizing unions. (JG)

This report of proceedings provides transcripts of 14 speeches concerning collective bargaining in higher education. Conference themes were: unionized employment relations; and the economic, political, and legal issues of the 1990s that are viewed as being influential in the collective bargaining process. The speeches are as follows: "Union Employment Relationships in the 1990's," (John R. Stepp); "Mutual Gains Bargaining for Higher Education," (Raymond A. Friedman); "Negotiation Models for the 1990's," (Louis Stollar); "Retirement Options of the Future," (Clifton Wharton); "Faculty Compensation in the 1990's," (Arnold Cantor); "Salary Equity Four Cell," (Lois Haignere); "Health Care Cost Containment in the 1990's," (William Hembree); "Life in the Academy after University of Pennsylvania v. EEOC," (Ann H. Franke); "Confidentiality and the Tenure Review Process after University of Pennsylvania v. EEOC," (Mark D. Hopson); "Anti-Discrimination Law and Academic Freedom after University of Pennsylvania v. EEOC," (Charles Shanor); "Keeping Academics Out of Court: Judicial Responses to Faculty Litigation and How To Avoid It," (Barbara A. Lee); "Campus Bargaining and the Law: The Annual Update," (Nicholas DiGiovanni, Jr.); "Union's Role in Politics in the 1990's: Lobbying and Coalition Building," (G. Terry Madonna); and "Political Action and Public Sector Higher Education Unions: California and Hawaii--Two Success Stories," (VirginiaAnn G. Shadwick). References follow papers. (GLR)

This paper proposes an analytical perspective that illuminates the major variables in the establishment of labor relations policy in education. It describes the relationships that exist between collective bargaining, the pursuit of the public interest, and the protection of client interests in the processes of schooling. The anslysis is based on field data from two sources: transcripts taken from public hearings held by the National Committee for Citizens in Education and transcripts from 22 videotaped interviews generated under the sponsorship of the Associates Program of the Institute for Educational Leadership. Three levels in the analysis of labor relations policy for schools are considered. First, the social policy level in which it is necessary to determine what is meant by a "legitimate" interest (whose interests are legitimate with regard to what aspects of the collective bargaining processes or outcomes). Second, the power resource level at which it is necessary to determine what power resources are available to each party with a legitimate interest and how potent these power resources are for affecting the collective bargaining results. Third, the statute language level at which it is necessary to determine what impact various statute provisions will have on altering the power resources of the various interested parties. (Author/IRT)

This paper outlines ways to win cases brought before state labor relations boards. The consultant attorney presenting the employer's case must be well-prepared. First, he should know the persons (board investigators, hearing officers, examiners, and state board members) who will decide the case. He should know the hearing examiner's background. The employer's consultant/negotiator should read the law and regulations carefully and include relevant case citations in his brief. He should compile the evidence supporting the employer's position, including interviews with potential witnesses. The witnesses he decides to call in the hearing must be carefully prepared and given as accurate an idea as possible of the questions that may be asked. A pre-hearing brief, setting out the employer's position backed by law and the facts he intends to prove, is much more effective than a post-hearing brief. Finally, the consultant should always realistically assess the employer's chances before the board, especially to the employer himself. The consultant should try to make his client realize that there are two sides to the question and he should never promise his client a certain result. (Author/DS)

The major results are described of an historical/legal study of statewide legislative and judicial decisions tracing changes in California's state policies regarding teacher labor relations from 1930 to 1975. The central research questions dealt with identifying specific public policy changes, events surrounding these changes, positions taken by key statewide organizations concerned with these changes, and the roles assigned by public policy formulations to the lay community for influencing teacher labor relations. Six periods of development of California policies are noted. In addition, generalizations are derived regarding two opposing views that surfaced during these years, the growth of public involvement in teacher employment relations processes, California's readiness to experiment with different employment relations models, the state's ambiguous attitude toward the strike, and the persistence of a gap between statewide policies and local practices. Certain implications are drawn for the general area of the study of teacher employment relations. (Author/MLF)

This paper, addressed to public school employers, discusses lessons to be learned from the Wisconsin Legislature's passage of a 1978 law known as mediation-arbitration, which allows employers and unions to agree to an alternative voluntary impasse procedure to the one set forth in the statutes. First, the paper discusses the history of the agency shop (fair share agreements), and binding arbitration. Next, it discusses the mediation-arbitration law, which, it says, has worked to the detriment of public employers. The paper says that of the decisions handed down in Wisconsin, the unions have won the majority of cases involving fair share. To avoid this, employers must create and maintain an effective lobbying organization at the legislative level. They also should see the advantage of allowing municipal employees in small school districts the right to strike rather than forcing compulsory arbitration on them. Finally, employers should evaluate the concept of legalizing compulsory union dues and then subjecting them to binding arbitration. (Author/LD)

Every country has a system of social protection to help people when risks, contingencies, and needs arise. In each society this system is organized in three sections: a public sector, a personal sector, and a mixed sector. Each society combines these sectors in different ways. Here, the firm's social policy within the broader context of social protection in society as a whole is examined. Employer-related benefits, which comprise the social policy of the firm are analyzed and include voluntary and union contracted programs, those that are legally mandated by the state but paid for by the employer, and other activities of a social nature. A review of theories that try to account for why firms incur social costs is presented. The role of the firm within the system of social protection for society as a whole is then located. Finally, the empirical section covers three issues: the level of spending and growth of the firm's provision of social benefits; the components of voluntary and contractual benefits provided by the firm; and the distributional effects of firm-based social policy by skill mix, firm size, and industrial sector. Based on this information, the future of employer-related benefits is considered. (Nine tables and 25 footnotes are included.) (KM)

Interviews conducted with 36 farmers and 175 migrant farmworkers in western New York showed a substantial change in the role of the crew leader during the period from 1951, when no federal or state laws regulated crew leader-migrant relations, to 1978, when a complex set of regulations interceded in the relationship. Farmer interviews showed that only one-third used crew leaders; 34 of the 36 farmers reported that either instead of or in addition to working through crew leaders they hired migrant workers individually. Of the migrant workers interviewed, only 42% had worked with a crew leader at some time in the past year. These findings indicated that migrant work under crew leaders had declined by nearly half since 1953, when a study in the same region showed 65% of the farmers using crew leaders and 81% of the migrants working on crews in the past year. The crew leader role had changed qualitatively as well as quantitatively; regulation of migrant employment had changed the patron-client relationship between crew leader and migrant to a written, contractual arrangement with the crew leader no longer in control of worker wages. Correspondingly, the role of the farmer had changed from producer to manager and labor manager; and the responsibility for social and economic needs of the migrant had shifted from the crew leader to the community, the farmer, and the migrant family network. (Author/JH)

Attended by 67 representatives of farmworkers in South Carolina, the conference aimed to examine the new laws related to migrant farmworkers and their effect upon the migrant situation in the State; to explore some of the problems of implementation as it relates to agencies that are to carry out the new laws; to discern some of the effects these laws will have on the farmer, crew leader, and the migrant laborer; and to gather information regarding other legislation needed to solve the complex problems related to the migrant farmworker. The keynote address briefly discussed who the migrants are, their needs, their wants, the conditions under which they live, and their experiences. The six addresses presented covered the new laws; migrant health programs in South Carolina; the migrant farm labor laws related to the Wage and Hour law of the Employment Standards Administration (Wage and Hour Division), and to the Occupational Safety and Health Act of the South Carolina Department of Labor; and legislation which has been proposed for the assistance of migrants in South Carolina. A State Representative and a farmer participated on a Reaction Panel, and discussed some of the views of a legislator and a farmer active in the migrant and seasonal worker's day-to-day lives and problems. A list of the participants is included. (NQ)

It is vitally important for workers in all regions of the world to form unions and to exercise the rights and discharge the responsibilities which membership involves. The right to organize or join a union is essential not only for the welfare of the individual worker, or for all of those belonging to the union, but also for the welfare of society at large. The World Confederation of Organizations of the Teaching Profession believes that education for rights and responsibilities of trade union membership should be a major component of trade union education programs and of all educational institutions. The young people who will enter the work force are potential trade union members and need to be aware of the rights and obligations involved. Recommendations for trade union education at all levels and institutions of education (including goals for teacher education programs) evolve from discussions on: (1) rights and obligations of trade union membership; (2) the role of teacher unions as trade unions; (3) democracy in trade unions; (4) the role of trade unions in developing nations; (5) the role of trade unions in rural development; and (6) the need for trade union education. (CJ)

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 considerations, impasse resolution, and strikes. Reference to conditions in 1970 is made for comparison. The author concludes that while unions seemed to have the edge in litigation in the late 1960s and early 1970s and then lost that edge in the later 1970s, recent decisions offer no conclusive evidence that the courts are shifting either toward or away from union positions. (Author/PGD)

The meeting of some 300 college administrators, faculty unionists, arbitrators specializing in education, and members of government agencies dealing with collective bargaining is reported in the proceedings of the Seventh Annual Conference of the National Center for the Study of Collective Bargaining in Higher Education. Topics and speakers presented include: The Economic Impact of Collective Bargaining (Basil A. Patterson); The Yeshiva Case I, II, and III (Woodley Osborne, Saul J. Kramer, and Ronald H. Schectman); A Governmental Perspective on the Funding of Higher Education (Herman Badills); Scope of Bargaining: Implications for Traditional Faculty Governance I and II (James P. Begin and Jerome Lefkowitz); What Does the Contract Cost in Dollars and Cents? (Gerald L. Dorf); The Burden of Compliance with Federal Regulations (Carol Herrnstadt Shulman); Unit Determination: Basic Criteria in Federal and State Jurisdictions (Joseph N. Hankin); The Limits of Arbitrability in Higher Education Disputes (Theodore Lang); The Tenure System I and II (Margaret Schmid and Margaret K. Chandler); Bargaining with Non-Professionals (Don Wasserman); Part-Time Faculty in Unionized Colleges (David W. Leslie); Adjuncts--Friend or Foe of Faculty Unionization? (Karen R. Schermerhorn); Legislative Landmarks--I and II (Robert Chanin and Stanley J. Bartnick); and Are There Alternatives to Collective Bargaining--I, II, and III (David Newton, Sidney Hook, and Albert Shanker). Within the sessions basic issues in the scope of bargaining were discussed such as bargaining techniques, contract administration, the scope of bargaining and the unit determination--what teachers and non-teaching personnel should be covered in the bargaining. (LC)

In 1972 the Bolivian government passed a law to license journalists. This law created the "colegiado" system, providing for legally protected minimum wages, satisfactory working conditions, and restriction of journalistic employment to those with professional credentials. Although it is still too early to determine whether the law will be ignored or be used to restrict press freedom, it is believed that the "colegiado" laws will actually serve to protect journalism from governmental interference and will continue to lead toward economic and psychological benefits to the profession. Understood within the context of the Latin American situation, the statutes appear to be a giant step toward upgrading the journalistic profession in this area. (DF)

Major issues concerning the negotiation of a collective bargaining contract on February 1, 1981, at the National Autonomous Associations of Academic Personnel of the University (AAPAUNAM), the first legally authorized bargaining agent of the faculty. The contract was negotiated under terms of the recently enacted amendments to the federal constitution of Mexico. Legislation of 1929, 1933, and 1945 also is also reviewed because it defines the university as an autonomous public corporation, with full legal powers. The University Council was established by law as the supreme authority within the institution. Composed primarily of faculty and students elected by peers, and upper echelon administrators, the council was empowered to make final decisions on all important academic matters, select the rector (the equivalent of a university president in the United States), and determine the conditions of employment for faculty and academic personnel. The labor status of the university's academic personnel was clarified in the 1980 amendments to the federal constitution and the Federal Labor Law. Autonomy was substantially preserved and very little collegial authority was bargained away or delegated to the union. The University Council remains as the supreme academic authority. In negotiating this contract, which expires in 1982, many compromises were made not only between labor and management, but between the rival unions. The nature of these conflicting interests, which have political significance, is considered. (SW)

This study investigated whether the use of the impasse procedures established by New York's Taylor Law affected the level of teacher salaries in New York public school districts between 1968 and 1972. Data for the study were gathered from all 693 New York public school districts (except New York City) that were involved in collective bargaining between 1968 and 1972. Cross-section regression equations were used to relate teacher salaries to a number of independent variables, including a set representing the various impasse steps. The results indicate that the impasse steps did influence the level of teacher salary settlements, but that this influence varied by location and over time. The authors conclude that, over the first five years of the Taylor Law, each side in bargaining adjusted its strategies to accommodate the impasse procedures. They further conclude that the gains potentially available to both sides led to overreliance on the impasse procedures. (Author/JG)

The purpose of this analysis is to systematically survey the impasse resolution provisions of the 30 state statutes governing teacher-board negotiations and to tentatively explore via statistical techniques whether there is a significant relationship between the degree of compulsion in such provisions and the type and comprehensiveness of such statutues. Although the terminology varies somewhat according to the scholarly or statutory souce, it is generally agreed that there are three basic levels of impasse resolution machinery for contract negotiations. These levels--mediation, advisory arbitration, and binding arbitration--represent the degree of compulsion measured. It is tentatively concluded that the degree of compulsion differed significantly between negotiation statutes targeted to teachers and those encompassing a wide range of public employees and that the degree of compulsion in these provisions was not significantly related to the extent of comprehensiveness of other aspects of these statutes. (Author/IRT)

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and termination, warning against subterfuge); (2) Is the reason job-related? (It must be related to contractual provisions and impinge on job performance); (3) Are the reasons supported by documents from the personnel file? (4) Are there steps that must precede consideration of termination? (statutory and/or contractual requirements for evaluation, opportunity for remediation, assistance, etc.); (5) termination procedure; (6) possible forums for employee remedies; and (7) final statutory and constitutional rights checklist. An attachment is provided, detailing special problems in collective bargaining states. These include remedies based on collective bargaining law, the more controversial contract clauses, the duty to bargain, and a reference for the standard of judicial review of arbitration awards. (TE)

Hopes of U.S. union leaders for the movement's survival have been increasingly pinned on adoption of Canada-like labor legislation. Canadian labor legislation is in large part provincially based. This suggests that the states should legislate labor law. Highly improbable pro-union changes in labor law are needed to ensure the survival of unions. Since significant labor law reform is at least 4 years away, unions can use the time to consider carefully how the political strategy adopted by Canadian labor (building a fundamentally different political movement even at the expense of winning a particular election) can be applied in a U.S. political system where third-party genesis is almost automatically aborted. The long building process required to mobilize the strength necessary to pass legislation of institutional benefit to unions will force labor to concentrate, in the immediate future, on using its broader social goals in alliance building. The prescription is single issue politics; survival is the issue. U.S. unions do not need a third party, but they do need a political program like that of the Canadian labor movement. The strategy must consider the changing work force, which will increasingly be made up of Blacks, Hispanics, the disabled, and women. (YLB)

The central theme of the papers presented in this symposium is that the labor market for minorities and youth does not appear to function properly because of structural impediments (often caused by government regulations meant to help minorities) and that these impediments must be identified and effective remedies proposed. Following an introduction by James T. Bennett, Ann Wortham's paper considers the role of discrimination and the conflicts created when discrimination is addressed by legislative fiat; a comment by Paul H. Rubin follows. Then, William A. Keyes focuses on the minimum wage and on the Davis-Bacon Act and how its provisions limit employment opportunities; the Keyes paper is followed by comments from Walter E. Williams and James E. Pearce. Wendell Wilkie Gunn surveys a variety of techniques used by government to regulate public sector employment which have a particularly onerous effect on minority employment; this paper is commented upon by James R. Barth and Thomas J. DiLorenzo. Finally, Clarence Thomas discusses the role of human capital generated in the educational process as an important determinant of employment opportunities; John Raisian and Dan C. Heldman comment on the final paper. (CMG)

A final report on the regional seminar/workshops on women in the world of work conducted for selected leaders in vocational education and industry, this document contains the following information: a discussion of the current political, social, and economic patterns affecting vocational and career education; policies and procedures recommended by workshop participants to correct discrimination against women in education and employment; and the assessment of the success and impact of the seminar/workshops based on a follow-up survey of the participants. The appendixes include the follow-up questionnaire and results, lists of the general and local planning committees, the agenda, and the participants list. Also included in the appendix and comprising a major portion of the document are the speeches delivered by the seminar workshops by educators, lawyers, and government officials. The speeches are concerned with these topics: the composition of the nation's labor force; the laws and regulations affecting the education and employment of women; problems associated with the education and employment of women; the implication of issues emerging from the women's rights movement; career education concepts associated with women in the world of work; and the desirability of equal education and employment opportunities. (BM)

In the context of a labor market with normative dimensions in constant evolution, the employee status is quite difficult. In consistence with the principle of protecting employee rights, labor law has imposed new measures that counterbalance the employer's position of authority within the employment relationship, both at European and national levels. These include the obligation to inform the employee about the essential elements of his working relationship, obligation established at European level by Council Directive 91/533/EEC of 14 October 1991, and at national level by the Labor Code. [ABSTRACT FROM AUTHOR]