THE CHANGE OF UNION AFEILIATION IN PUBLIC SCHOOL DISTRICTS: ANALYSIS AND IMPLICATIONS OF NATIONAL LABOR RELATIONS BOARD DECISIONS

R. CRAIG WOOD


DOI: 10.2190/8F9U-NVLJ-9663-E4A5

Abstract

The change of union affiliation is an area warranting an increased examination because it fiscally and managerially impacts the relationship between boards of education and their employees. This article examines the obligation of school districts to recognize collective bargaining unit affiliation changes. Without state statutes or pertinent state authority, state courts and appropriate state labor relations offices rely on federal laws and decisions that provide the framework for bargaining in the private sector. Although the National Labor Relations Act does not specifically apply to school districts, its decisions are highly persuasive to any state court or agency reviewing a board of education's actions. As discussed, school districts are not passive creatures placed in a reactive mode concerning the change of union affiliation. Careful preparation about procedures and processes necessary in the changing of union affiliations may prove cost effective and preserve management rights.

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