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You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review (Penn State University)

This article first provides background information on CBAs and arbitration clauses in public employee labor relations contracts to underscore the evolving relationship between the employer and employees. This background is important to assess the feasibility of the safeguards proposed later. Next, this article will explore arbitration cases in school employer-educator union CBAs, focusing particularly on employee disciplinary matters. Then, this article will explain why primary and secondary public schools should be categorized as a sui generis sphere in which consequences of arbitrable disciplinary matters extend beyond the traditional public employer-employee relation. Finally, this article will propose workable and sustainable safeguards …