The Paradox of Public Sector Labor Law

Malin, Martin H.

doi:10.2139/ssrn.1459080

Cited by 6 publications

(19 citation statements)

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“…As Malin (2009) noted, when unions are excluded, they may attempt to undercut the reform effort through other available means.…”

Section: Discussion Point: Democracy and Unionsmentioning

confidence: 99%

“…Here, she could argue that the union should be included in the process. Her presentation would echo arguments that the union involvement gives teachers a vested interest in success of the reform (Malin, 2009;Paige, 2013) and that unions can be vehicles to reform (Johnson & Donaldson, 2006). Students can play the role of the school board members and determine whether they can be persuaded by the superintendent's argument.…”

Section: In-class Role-playing Scenarios: the Second School Board Strmentioning

confidence: 99%

“…Moreover, she feared that excluding them from the process would spell ruin for the positive, collaborative relationships already developed with the union (Malin, 2009) and only encourage the union to resist the change. However, she remained silent on the topic at the strategy session with the school board.…”

Section: The Dover School Board and Negotiations Strategy Meetingmentioning

confidence: 99%

“…Likewise, background reading with respect to union involvement in reform can be found in articles cited in this piece (Brill, 2009;DeMitchell, 2010;Hess & Kelly, 2006;Kahlenberg, 2006;Lindy, 2011, Malin, 2009Moskowitz, 2006;Paige, 2012Paige, , 2013. These articles may provide starting points for class discussions and the instructional suggestions listed below.…”

Section: Teaching Notesmentioning

confidence: 99%

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Teacher Evaluation and Collective Bargaining

Paige

2013

Journal of Cases in Educational Leadership

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This case study analyzes controversial teacher evaluation policies in the context of collective bargaining. Dr. Jill Abrams, a new superintendent in a struggling school district, is at the center of the case. Her school board demands a form of teacher evaluation she finds problematic because it includes value-added modeling. Moreover, the board insists on excluding the union in the process of developing the new evaluation system. This case explores the potential consequences of implementing specific teacher evaluation policies and competing demands of relevant stakeholders in the process. The case weaves rich policy issues that frequently present to school leaders at the local level. Other policy and ethical dilemmas emerge as the case develops.

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“…As Malin (2009) noted, when unions are excluded, they may attempt to undercut the reform effort through other available means.…”

Section: Discussion Point: Democracy and Unionsmentioning

confidence: 99%

Section: In-class Role-playing Scenarios: the Second School Board Strmentioning

confidence: 99%

Section: The Dover School Board and Negotiations Strategy Meetingmentioning

confidence: 99%

Section: Teaching Notesmentioning

confidence: 99%

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Teacher Evaluation and Collective Bargaining

Paige

2013

Journal of Cases in Educational Leadership

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“…Specifically, in negotiating CBAs, teachers’ unions attempt to attain favorable wages, benefits, and working conditions for teachers and to establish a shared role for the union in shaping education policy and decision-making (Malin, 2009; Superfine & Woo, 2018). Specifically, a CBA “lays out the parameters of many aspects of local education policy,” and also signals the level of influence that the local union has on district policy and district administrators’ abilities to make decisions on key areas including teacher pay, hiring practices, and grievance protocols (Strunk & Grissom, 2010, p. 391).…”

Section: Teachers’ Unions and Collective Bargainingmentioning

confidence: 99%

After Janus: Teachers’ Unions, Walkouts, and Social Justice Unionism

Strassfeld

2020

International Journal of Educational Reform

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Recent union-supported teachers’ walkouts and strikes across several U.S. states and cities highlighted union-led and grassroots efforts to amplify teachers’ voices. Yet, the recent U.S. Supreme Court decision, Janus v. AFSCME, Council 31, provides a strength test for teachers’ unions and members engaging in social justice/equity work within a post- Janus landscape. This article first explores traditional functions of teachers’ unions. Next, it examines Janus and potential consequences for union participation, teachers’ advocacy, and civil rights. Using a social justice lens, the article discusses how and why unions may need to consider strengthening “social justice unionism” by building on walkouts and strikes.

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Teacher Unions, Charter Schools, and the Public/Private Distinction in Education Law and Policy

Superfine

Woo

2018

Teachers College Record: The Voice of Scholarship in Education

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Background Over the past decade, courts and administrative agencies increasingly have considered cases that involve clashes between charter school proponents and teacher unions. While these cases have focused on a range of education policy issues, some cases have focused on arguably the most important legal and policy distinction applicable to charter schools— whether a charter school should be considered public or private. Purpose This study examines the intersection of the public/private distinction in U.S. law and policy, and the shifting political positions of teacher unions and charter school proponents, in courts and agencies. We examine the history of the public/private distinction in U.S. law and policy and specifically in education, in addition to conducting an in-depth analysis of three recent decisions involving charter schools and teacher unions in which courts and agencies determined whether charter schools were public or private organizations. Research Design This article is a legal analysis and historical case study. Findings Three recent and high-profile education cases in agencies and courts reflect the continuing breakdown of the public/private distinction in law and policy. Courts and agencies have hinged their decisions about the applicability of federal and state collective bargaining laws on this distinction and have grounded decisions about the basic constitutionality of state charter school laws in this distinction as well. However, there is little consistency in how the public/ private distinction has been applied in legal clashes between teacher unions and charter schools. Conclusion Our analysis underscores the limitations of the current debate over the public/ private nature of charter schools and teacher unions, particularly in the institutional settings of courts and agencies, because this debate is largely untethered from issues of teaching and learning. However, our analysis also suggests that the public or private nature of charter schools still appears “up for grabs” in the legal arena. As such, courts and agencies might offer reformers a useful venue compared to the legislative arena for influencing how the public/private distinction applies to charter schools.

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The Paradox of Public Sector Labor Law

Cited by 6 publications

References 0 publications

Teacher Evaluation and Collective Bargaining

Teacher Evaluation and Collective Bargaining

After Janus: Teachers’ Unions, Walkouts, and Social Justice Unionism

Teacher Unions, Charter Schools, and the Public/Private Distinction in Education Law and Policy

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