A survey of cases suggests children’s rights have received minimal attention in the public school labor relations context. However, children can be the third parties to consequences flowing from reinstatement of educators suspended for student-related disciplinary matters. Collective Bargaining Agreements (“CBAs”) in the primary and secondary education field are binding contractual agreements detailing employment terms and conditions (including pay, benefits, termination, and leave policies) between unionized educators (employees) and the school districts (employers). Courts have limited the scope of what public employees may bargain, but procedures regarding employee disciplinary matters are generally negotiable under CBAs. These procedures, including arbitration for disciplinary issues, are typically included (and preferred) in private and public CBAs between unions and employers.
Raquel Muniz, YOU ARE NOW ENTERING THE SCHOOL ZONE, PROCEED WITH CAUTION: EDUCATORS, ARBITRATION, & CHILDREN’S RIGHTS, 9 Arb. L. Rev. 197 (2017).
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