This qualitative study examined how school leaders work within the structure of individual district collective bargaining agreements to improve student achievement. The study examines real or perceived barriers to improving student achievement within educational organizations from the perspective of the principals and teacher-leaders. This study included two qualitative instruments, one for building principals and one for the building teachers, administered in five Oregon high schools recognized as successful by the Oregon Department of Education in 2014-2015. This dissertation determined the impact collective bargaining agreements had on the ability of high school principals to reduce educational disparities and close the achievement gap from both the perspective of themselves and teacher-leaders. The dissertation concluded with a brief summary of the collective findings from the study, as well as the implications for practice specific to building principals and teacher-leaders in the context of their school, and agreement about strategies that work to overcome barriers to school performance.

This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation provides for changes in workplace practices as well as the protection that it affords employees against unwanted or unilateral changes. The main focus of the research was on how the South African Courts have interpreted the legislation and how it has applied the law in cases involving the changing of terms and conditions of employment, that has come before it.

Univ., Diss.--Gießen, 2003. / Literaturverz. S. 283 - 307.

The Labour Relations Act, 1995 makes no provision of a legally enforceable duty to bargain, but affords certain rights to unions such as organisational rights. Although employers are obliged to grant these rights to representative unions, they are not compelled to engage in bargaining with them as there is no duty to negotiate. However, the refusal to bargain will result in power play in order to convince the other party to negotiate. If an employer refuses to negotiate with a union, the union is able to strike without any fear of dismissal of its members, provided that the strike takes place with requirements of the Act. The questions that need to be answered are amongst others whether the amendments on organisational rights will truly broaden access to section 14 and 16 rights of the Labour Relations Act? Further than that, to investigate whether these amendments will lead a decline in industrial action related to organisational rights. It also becomes imperative to find whether these arrangements will enable commissioners to carry out the mandate of minimizing the proliferation of trade unions. The study aims to provide understanding of the principles of collective bargaining in the workplace. This in turn promotes better understanding of the rights enshrined in section 23(5) of the Constitution which provides that trade unions, employers’ organisation and employers have the right to engage in collective bargaining. This right is given effect to the Labour Relations Act as amended. The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act refers to a duty to bargain collectively, while the Constitution refers to a right to engage in collective bargaining. These two interpretations have been subjected to judicial criticism in three cases in the South African National Defence Force. They are currently the main cases dealing with this issue in South Africa. The implications that a trade union is entitled to embark on strike action in order to obtain organisational rights in circumstances where it is not regarded as sufficiently representative, provides some form of relief for minority unions. Against this background, the critical legal question is the impact of recent amendments to the Labour Relations Act within the context of collective bargaining.

<p align="justify">In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that is conducive to job creation. The research then considers what is meant by the policy of &lsquo / regulated flexibility&rsquo / and considers how flexibility operates in practice at NBC level. It is argued that the concept of flexibility is a misnomer &ndash / since it creates more problems than it solves. The research concludes with a call for real flexibility that will allow for increased investment and a greater supply of jobs.</p>

La négociation collective est une pratique apparue, en France, à l’aube du XXe siècle. Elle compense au niveau collectif le déséquilibre entre employeur et salarié inhérent à tout contrat de travail individuel. L’essor de la pratique conventionnelle a conduit le législateur à élaborer un véritable droit de la négociation collective tendant à l’amélioration des conditions de vie et de travail des salariés.Depuis 1982, la négociation collective a également pour finalité l’amélioration de l’organisation de l’entreprise et des relations de travail. Les accords collectifs organisationnels défendent des intérêts plus généraux tels que l’intérêt de l’entreprise ou de la société et non plus uniquement l’intérêt catégoriel des salariés. Ils peuvent ainsi créer des obligations à la charge des salariés ou contenir des dispositions qui leurs sont moins favorables.Pour permettre aux accords organisationnels de développer pleinement leurs effets, le législateur a réformé les règles protectrices des salariés et autorisé les accords collectifs – notamment d’entreprise – à déroger, dans un sens moins favorable, à la loi ou à un accord supérieur.Cette étude a pour objet de démontrer qu’une autre voie était possible. En effet, la consécration des accords organisationnels pouvait se réaliser sans porter atteinte aux règles protectrices des salariés, traditionnellement inhérentes au droit du travail. Néanmoins, le caractère potentiellement dérogatoire ou « donnant-donnant » des accords organisationnels obligeait à réformer les règles relatives à leur légitimité. / As the 20th century dawned in France collective bargaining emerged as a new practice. At mass-level it compensates the inequality between an employer and an employee in the power relationship which stems from any individual employment contract.Following the development of that conventional practice lawmakers have established a new field of lawconcerning collective bargaining which aims at improving the working and living conditions of salaried workers.Since 1982, the aim of collective bargaining has been extended to cover the improvement of organization andrelations on the workplace. Organizational collective agreements have come to defend (more) general interestssuch as the interest of a given company or of society and not only the interests of the different categories of salaried workers. These agreements can thus create duties for the employees or contain clauses witch are less favourable to them.In order for the organizational agreements to be fully effective law-makers have reformed the regulations which govern the protection of employees and in some cases even approved collective agreements -namely company agreements- which depart from the law or higher level agreement, and become less favourable.This study will demonstrate that it was possible to act differently.Indeed organizational agreements could have existed without infringing the protection of worker’s rights, such asit is required by labour law. Nevertheless, the potentially less favourable character or quid pro quo principle of organizational agreements required reforming the rules relating their legitimacy

This study focused on a 1978 teacher strike in the Tucson Unified School District, Pima County, Arizona, and was designed to explore patterns of perceptions and behaviors reported by teachers concerning their involvement in the strike. Teacher perceptions and behaviors were examined in terms of: viewpoints concerning the issues and causes of the strike; attitudes toward the act of striking; choice to either strike or not to strike and the differeing factors which may have influenced the strike decison; feelings of stress occasioned before, during, and after the strike; post-strike relationships with significant others in the school system; and feelings regarding the outcomes of the strike. To implement the research study, a questionnaire was developed to explore teacher attitudes, viewpoints, and reported behaviors regarding various aspects of the strike. The questionnaire was distributed by the Tucson Education Association through the Tucson Unified School District mail distribution system to all 2,751 teachers of the school district. A total of 1,728 teachers participated in the study by completing and returning the questionnaire, which represents approximately 63 percent of the population. Data for the study were derived from the questionnaire responses. The demographic data and strike behavior data were crosstabulated and their significance reported in terms of chi-square statistics. The chi-square indicated a significant relationship between teacher strike behavior and the following demographic variables: teaching level, age, sex, teacher tenure, total years teaching, membership in a professional organization, and spouse being a teacher in the district. Data regarding teacher perceptions and behavior were analyzed and summarized on the basis of the perceptual framework constructed for this study, which was drawn from the literature in social and perceptual psychology. Briefly it included the following five categories: Empathy; Acceptance; Stress; Adequacy; and Perceptual Framework. The following perceptions were reported by teachers regarding: Issues and Causes of the Strike: The reported issues of the strike were salary, discipline, fringe benefits, class size, teacher professionalism, and dignity. The teachers reported that the factors generating the strike were not the issues themselves, but rather the way the issues were handled by the school board, superintendent, and central administration. Influences Upon Strike Behavior: The greatest influence reported by teachers regarding their strike decision was the teachers' association, followed by teachers in their own schools, family, teachers outside their schools, the media, and building principal, in that order. Strike Stresses: Ninety percent of all respondents reported experiencing stress during the strike. Stress was greater among elementary teachers, female teachers, and non-striking teachers. Post-Strike Relationships: Teachers reported more harmonious relationships with fellow teachers and students in their schools following the strike. Teachers reported less harmonious relationships with their supervisors. Strike Perceptions: Teachers reported that the strike produced a greater sense of personal dignity for teachers. The recommendations of the study included the following: A school system should develop and maintain a deep philosophical commitment to the worthiness and dignity of all persons. A continuous and effective communication process should be developed whereby school district administrator and teacher representatives can meet and interact in an atmosphere where every person is encouraged to express his viewpoints. Teachers and school district officials should have an adequate set of board-adopted policies providing orderly processes for dealing with disputes and difference between them. The policy that is adopted should result from the widest possible participation of all concerned groups throughout the community and the school district. The school district, including the school board, administrators, and teaching staff should carefully plan and effectively implement a program for continuous improvement of human relationships throughout the district.

<p align="justify">In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that is conducive to job creation. The research then considers what is meant by the policy of &lsquo / regulated flexibility&rsquo / and considers how flexibility operates in practice at NBC level. It is argued that the concept of flexibility is a misnomer &ndash / since it creates more problems than it solves. The research concludes with a call for real flexibility that will allow for increased investment and a greater supply of jobs.</p>

Thesis (doctoral)--Universiẗat Giessen, 2003. / Includes bibliographical references (p. 283-307).

This project explored the period immediately following the NLRB certification of the representation election wherein a Certification of Representative was actually issued. The intent was to examine the ultimate effects of the collective bargaining process after a labor organization was recognized as the official bargaining agent for a bargaining unit. The main purpose of this study was to investigate the collective bargaining process between two established dates: (1) the date the union was certified the collective bargaining agent, and (2) the date a collective bargaining agreement, if any, was obtained. Study data and findings were organized and presented by four research hypotheses. Hypothesis 1 (once a collective bargaining agent is certified as the collective bargaining representative by the NLRB, it will negotiate a collective bargaining agreement) was not supported by total elections for both fiscal years combined; however, responses received percentages resulted in a collective bargaining achievement. Hypothesis 2 (there will be no difference in the amount of time required to negotiate and ratify a collective bargaining agreement following a consent election as compared with stipulated consent or directed elections) was not supported by the research responses received. Hypothesis 3 (once a collective bargaining agreement is negotiated and ratified, it will be renewed at its expiration date) was supported, the majority of elections to account for in all three situations resulted in subsequent contracts negotiated. Hypothesis 4 (there will be no real difference in basic items negotiated in the collective bargaining agreements) was also supported, the categories mentioned would be most important to the union, and center around three main issues: wages, union security and grievance arbitration procedures.