米国における教員団体交渉に関する州法規定の分析

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.