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ID 14475
file
title alternative
An Analysis of State Code or Statute concerning Teachers' Collective Bargaining in the U.S.A
creator
Ichida, Toshiyuki
subject
教育団体交渉
州法規定
米国
teachers' collective bargaining
state statutes
the United States of America
NDC
Society
abstract
The purpose of this paper is to identify the tendencies and characteristics of collective bargaining for k-12 public school teachers (teachers' collective bargaining) in the U.S.A. by analyzing the code or statute of the each state.

This paper picks up with the code or statute concerning teachers' collective bargaining in each state and finds that thirty-three states have a code or statute which permits teachers' collective bargaining, four states have a code or statute which prohibits teachers' collective bargaining, and thirteen states don't have a code or statute concerning teachers' collective bargaining. This paper clarifies the following points: (1) What is the purpose of the code or statute in each state which provides the purpose. (2) What does the scope of bargaining of the code or statute in each state provide? (3) Does the code or statute in each state require a contract? (4) What kind of impasse procedures does the code or statute in each state provide? (5) Does the code or statute in each state permit strikes?

The findings of this paper are followings:
First, teachers' collective bargaining in the U.S.A. tends to be similar to collective bargaining in the private sector. This is interpreted to mean that the code or statute in most states provides for matters relating to wages, hours of employment, and other terms and conditions of employment as mandatory subjects. Four states (California, Indiana, Maine, and Ohio), however, provide matters relating to education as permissive subjects. This point translates as a characteristic of teachers' collective bargaining.

Second, it is pointed out that the teachers' collective bargaining in the U.S.A. tends to embrace the system that could lead to an agreement between the parties. This is interpreted as meaning that most of the states provide for making a contract and that all states provide for impasse procedures. Especially, most of the provisions related to impasse procedures are mediation or fact-finding, which do not force but promote the parties to make an agreement. In addition, it is understood that these impasse procedures function as alternative systems against strikes. This point is based on the fact that the purpose of the codes or statutes in many of the states is to improve the employment relations or to protect the public. In other words, it is inferred that teachers' collective bargaining in the U.S.A is not only for the right of teachers but also in the interest of employment relations and the public. These are the characteristics compared with collective bargaining for public employees including teachers in Japan.
journal title
Bulletin of the Graduate School of Education, Hiroshima University. Part 3, Education and human science
issue
Issue 54
start page
61
end page
69
date of issued
2006-03-28
publisher
広島大学大学院教育学研究科
issn
1346-5562
ncid
SelfDOI
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
department
Graduate School of Education
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