Lexis Nexis - Case Brief

Not a Lexis Advance subscriber? Try it out for free.

Law School Case Brief

Perry Educ. Ass'n v. Perry Local Educators' Ass'n - 460 U.S. 37, 103 S. Ct. 948 (1983)

Rule:

Unlike a local ordinance or even a school board rule, a collective-bargaining agreement is not unilaterally adopted by a lawmaking body; it emerges from negotiation and requires the approval of both parties to the agreement. Not every government action which has the effect of law is legislative action.

Facts:

Plaintiff educators’ association filed a suit when the school district denied them access to internal email system after giving access to defendant union and defendant school board members. Both parties previously represented teachers in the school district and had equal access to the inter-school mail system. The union was later elected as the exclusive bargaining representative for the teachers in the school district. The action was dismissed for lack of jurisdiction.

Issue:

Did the school district violate the rights of plaintiff educators' association under the Equal Protection Clause and the First Amendment when the school district denied plaintiff access to an internal email system?

Answer:

No.

Conclusion:

The Court rejected this argument and reversed, holding, inter alia, that the system was not a forum for public communication and the differential access provided the union and the association enabled the union to fulfill its obligations as exclusive representative of the teachers.

Access the full text case Not a Lexis Advance subscriber? Try it out for free.
Be Sure You're Prepared for Class