Arbitration in the Boston schools.

The study of arbitration in the Boston Schools is an analysis of teacher grievance arbitration cases during the period 1980-1989. The research comes from the case files of the Boston Schools, the Boston Teachers\u27 Union and the American Arbitration Association (AAA) and represents all the cases which have proceeded to arbitration for resolution during a nine year period. The study is designed to coincide with the three union contracts commencing 1 September 1980 and ending 31 August 1989, with a three year term for each contract. The major causes of grievance arbitration during the period were found in the areas of (1) appointment and assignment of teachers (36% of the cases); (2) teacher compensation and pay (27%); (3) working conditions regarding class size and assignment of students (12%); (4) teacher discipline issues (11%); (5) the performance and evaluation of teachers (6%); and (6) actions taken by management without notice to the union (5%). Of the 90 cases which were awarded by arbitration during the period, those awarded in favor of the union numbered 53 (59%) and 37 (41%) favored the school committee. In a review of the cases in the Boston Schools it was concluded that the grievances were generally caused by: an outright violation of the school contract; a disagreement over contract language; a disagreement over the way the contract was implemented; disputes over fairness and reasonableness of management actions; or the enforcement of an administrative decision. Arbitration allows both sides some protection. If the contract was violated by the administration and the rights of teachers have been wronged, or if a teacher has violated the rules, the arbitrator will affirm the rights entitled to the individual teacher or that of the school. Arbitrators will impose discipline on both parties to the contract. Union and school bargaining and the adversarial positions played by both parties continues to dominate public education. The process of teacher grievance definition and any resultant arbitration is considered a rational and effective method for resolving confrontational issues. Arbitration is the preferred method of resolution because of its benefits in lower costs and speedy resolution of disagreements. Arbitration has made a lasting imprint upon the public education system in the United States (US) and will be an important part of school administration. This process will continue to play an important role in the management of education reform

Environmental Solidarity and the Rule of Law in the EU System: Some Explanatory Reflections on Climate Justice Case-Law

Recent years have seen an increasing focus on climate justice, which looks at the climate crisis through a human rights lens in the belief that by working together we can create a better future for this generation and those to come. Indeed, addressing climate change raises issues of justice and equity, both between and within nations and generations in line with the solidaristic requirements of environmental law as both a relation among individuals belonging to a community of interests, and a mutual support within a group. In this perspective, moving from the environmental solidarity at the international and EU level, this chapter focus on the rule of law as legal foundation for the judicial protection of individual and collective environmental rights in order to emphasize the role of national and international courts in the progressive affirmation of a human rights-based approach (HRBA) in environmental matters and the construction of a more ethical ecological governance

Environmental Solidarity in the Area of Freedom, Security and Justice. Towards the Judicial Protection of (Intergenerational) Environmental Rights in the EU

Climate change and its dire effects are undoubtedly a common concern of humankind and call for international cooperation. The dire consequences of climate change pose a notable challenge to international environmental law but also national and international courts. This contribution aims to discuss the application of the principles of solidarity and rule of law in International and European Union (EU) environmental law, also in the context of the Area of Freedom, Security and Justice (AFSJ), and their implications as two key pillars of 21st century environmental law on strengthening environmental governance, where a “solidaristic spirit” has never been more necessary than now to renew “social cohesion” between generations, fulfilling the common goal of the survival of humankind. Furthermore, the analysis will consider the role of climate justice and the potential contribution of international human rights law and jurisprudence as increasingly central to combating environmental problems, where intergenerational equity, as the first distinguishing element of environmental (rule of) law strongly linked to the solidary rationale of the concept of sustainable development, may play a crucial role