100 MCL § 423.202.

101 Board of Educ. For Sch. Dist. of City of Detroit v. Detroit Federation of Teachers (DFT), 223 N.W.2d 23 (Mich. App. 1974).

102 Michigan State AFL-CIO v. Employment Relations Commission, 551 N.W.2d 165 (Mich. 1996).

103 Melvindale-Northern Allen Park Federation of Teachers, Local 1051 v. Melvindale-Northern Allen Park

Public Sch., 549 N.W.2d 6, 216 Mich. App. 31, appeal denied, 560 N.W.2d 630, 454 Mich. 864 (1996).

104 "UM Graduate Student Assistants Strike After Bargaining Impasse," Michigan Education Digest, March 29, 2005, http://www.educationreport.org/7014 (accessed October 27, 2006), citing The Detroit News, "U-M grad assistants start 12-hour strike," March 24, 2005.

105 Hess and West, A Better Bargain, p. 19, citing Lorraine McDonnell and Anthony Pascal, Organized Teachers in America’s Sch. (Santa Monica, CA: RAND Corporation, February 1979), p. 26.

106 Hess and West, A Better Bargain, p. 19, citing Ann Boyko, "School Employee Strikes Fell in 2003-2004 School Year," The School Leader News (Cumberland, PA: Pennsylvania School Boards Association, July 23, 2004).

107 "Holland district concerned about possible illegal teacher strike," Michigan Education Digest, September 20, 2005, http://www.educationreport.org/7358 (accessed October 27, 2006), citing
The Grand Rapids Press
, "Holland frets over teacher walkout," September 17, 2005.

108 "UP teachers threaten ‘job actions,’" Michigan Education Digest, January 17, 2006, http://www.educationreport.org/7551 (accessed October 27, 2006), citing "Teacher proposal rejected," Ironwood Daily Globe, January 4, 2006.

109 MCL § 423.202a(1)-(4). According to the State of Michigan’s Legislative Council, the portion of § 2a(4) imposing automatic mandatory fines on bargaining representatives for strikes by their membership was struck down as
violating due process concerns by the Wayne County Circuit Court in Michigan State AFL-CIO v. MERC, Docket No. 94-420652-CL and 94-423581-CL, on Mach 2, 1995. No appeal was taken.

110 Hunter, Michigan Labor Law: What Every Citizen Should Know, p. 46;
MCL § 423.206(2).

111 Christopher Nagy, "No savings with new contract," Daily Press & Argus, May 26, 2006, http://www.livingstondaily.com/apps/pbcs.dll/article?AID=2006605260318 (accessed October 27, 2006).

112 Rockwell v. Board of Educ. of Sch. Dist. of Crestwood, 227 N.W.2d 736 (Mich. 1975).

113 Warren Educ. Ass’n. v. Adams, 226 N.W.2d 206 (Mich. App. 1967).

114 Sch. Dist. For City of Holland, Ottawa and Allegan Counties v. Holland Educ. Ass’n., 157 N.W.2d 206 (Mich. 1968).

115 Lamphere Sch. v. Lamphere Federation of Teachers, 252 N.W.2d 818 (Mich. 1972).

116 MCL § 423.202a(5).

117 Hunter, Michigan Labor Law: What Every Citizen Should Know, p. 46.

118 John Burdick, "District files unfair labor practice charges against union," Holland Sentinel, November 16, 2005, http://hollandsentinel.com/stories/111605/local_20051116013.shtml (accessed October 27, 2006).

119 Ibid.

120 Citations omitted. Pontiac Sch. Dist., and David Miller, MERC C04 L-319, March 11, 2005, p. 1.

121 Hunter, Michigan Labor Law: What Every Citizen Should Know, p. 47.

122 Robert Barkley, letter to the editor, "Teacher Contracts, Student Needs," Education Week, December 7, 2005, p.38, quoted in Hess and West, A Better Bargain, p. 6.

123 MASB Collective Bargaining Practical Guide, p. 12.

124 Ibid., p. 8.

125 Ibid., p. 14.

126 Ibid., p. 17.

127 Ibid., p. 15.

128 Hess and West, A Better Bargain, p. 19, citing National Education Association, "A Vast Cadre of Human Resources," NEA Today (Washington, D.C.: National Education Association, 2001).

129 Caroline Hoxby, "How Teachers’ Unions Affect Education Production," The Quarterly Journal of Economics, August 1996, p. 680.

130 Donald J. Keck, NEA and Academe Through the Years: The Higher Education Roots of NEA, 1857-Present, http://www2.nea.org/he/roots.html (available online as of February 2006) (accessed October 27, 2006).

131 United States Department of Labor, Bureau of Labor Statistics, Union Members in 2005, Table 3, USDL 06-99 http://www.bls.gov/news.release/pdf/union2.pdf (accessed October 20, 2006.).

132 Munk, Collective Bargaining: Bringing Education to the Table, p. 8, citing Rehmus and Wilner, The Economic Results of Teacher Bargaining, p. 2.

133 James D. Koehner, Who Controls American Education? (Boston: Beacon Press, 1968), pp. 36-37.

134 "Cedar Springs support staff switch to AFL-CIO Representation from MEA," Michigan Education Digest, April 26, 2005, http://www.educationreport.org/7067 (accessed October 27, 2006), citing The Grand Rapids Press, "Cedar Springs support staff drop MEA," April 20, 2005.

135 Hess and West, A Better Bargain, p. 39, citing a poll designed and commissioned by Terry M. Moe and carried out by Harris Interactive on a national sample of current public school teachers in 2003.

136 Michigan Education Association v. Christian Brothers Institute of Michigan d/b/a Brother Rice High Sch.,

706 N.W.2d 423 (Mich. App. 2005); see also "Court rejects teachers’ union," The Detroit News, August 18, 2005.

137 Michigan Constitution, Article IV, Section 48.

138 MCL § 423.209.

139 MCL § 423.211.

140 MCL § 423.212(a).

141 MCL § 423.212(b).

142 MCL § 423.213.

143 Leef, Free Choice for Workers, p. 19.

144 Hotel Olds v. State Labor Mediation Bd., 333 Mich. 382 (1952).

145 Saginaw Twp. Community Sch, 1988 MERC Lab Op 479, 486; Alma Pub. Sch, 1996 MERC Lab Op 72, 74; Hesperia Community Sch., 1994 MERC Lab Op 972, 976.

146 River Valley Sch. Dist., MERC No. R02 L-163, decided June 30, 2004; Riverview Community Sch., MERC No. UC99J-038, decided October 8, 2003; Glen Oaks Community College, MERC No. UC02 B-004, decided December 15, 2003; Charlotte Pub. Sch, 1999 MERC Lab Op 68, 73; City of Muskegon, 1996 MERC Lab Op 64, 70.

147 Michigan Educ. Ass’n. v. Alpena Community College, 457 Mich. 300, 308 (1998).

148 Holland-West-Ottawa-Saugatuck Consortium v. Holland Educ. Ass’n, 501 N.W.2d 261 (Mich. App. 1993).

149 Muskegon County Professional Command Ass’n. v. County of Muskegon (Sheriff’s Dep’t.), 464 N.W.2d 908, 186 Mich. App. 365 (1990).

150 Village of North Branch, MERC No. R03 D-78, decided May 26, 2004, p. 3.

151 MCL § 423.214.

152 Donna Gordan Blankinship, "Sprague teachers scrap union bargaining," Seattle Post-Intelligencer, November 15, 2005,

http://seattlepi.nwsource.com/local/248361_lschoolunion15.html"> http://seattlepi.nwsource.com/printer2/index.asp?ploc=t&refer= http://seattlepi.nwsource.com/local/248361_lschoolunion15.html (accessed October 27, 2006).

153 Hunter, Michigan Labor Law: What Every Citizen Should Know, p. 46.

154 Burdick, "District files unfair labor practice charges against union."

155 MCL § 423.217(1).

156 MCL § 423.217(1).

157 MCL § 423.217(2).

158 MASB Collective Bargaining Practical Guide, p. 16.

159 Ibid.

160 Ibid.

161 Teresa Taylor Williams, "School contract negotiations growing tense," Muskegon Chronicle, November 20, 2005.

162 Ibid.

163 Tom Watts, "Teachers from across county join Lakeview rally, march: Union vows to fight contract imposed by school board," The Macomb Daily, August 30, 2005, http://www.macombdaily.com/stories/083005/loc_teachers001.shtml (accessed October 27, 2006), also reported in Michigan Education Digest, Mackinac Center for Public Policy, September 6, 2005.

164 Ibid.

165 MCL § 423.211.

166 Macomb County, MERC No. C03 B-025, November 19, 2003; Green Oaks Township, 1998 MERC Lab Op 660,667; City of Dearborn, 1986 MERC Lab Op 538, 541.

167 MCL § 423.210(1).

168 Board of Education of Sch. Dist. For City of Detroit v. Parks, 335 N.W.2d 641 (1983).

169 Hoxby, "How Teachers’ Unions Affect Education Production," p. 683.

170 Abood v. Detroit Bd. Of Educ, 431 U.S. 209 (1977); Chicago Teachers Local No. 1 v. Hudson, 475 U.S. 292 (1986).

171 42 U.S.C. §§ 2000(e)-2(a)(1)&(2).

172 U.S. Dept. of Labor, document 512-840 (Michigan Education Association, 2005 LM-2, Schedule 13). Available online at www.dol.gov (accessed October 27, 2006).

173 West Branch-Rose City Education Association and Michigan Education v. Frank Dame, MERC No. CU98 J-50, decided May 25, 2004.

174 MCL § 423.211

175 Farhat v. Jopke, 370 F.3d 580 (2004).

176 Weaver v. Univ. of Cincinnati, 970 F.2d 1523, 1538 (1992).

177 Communications Workers of America v. Beck, 487 U.S. 735 (1988).

178 Abood, 431 U.S. 209.

179 Robert P. Hunter, Paycheck Protection in Michigan, (Midland, MI: Mackinac Center for Public Policy, 1998), pp. 3-4.

180 MCL § 169.201 et seq.

181 MCL § 169.255(6).

182 Michigan State AFL-CIO v. Miller, 215 F.3d 1327.

183 Public Law 93-360; 88 Stat. 395 (1974) (so-called Section 19 rights).

184 EEOC v. Univ. of Detroit, 904 F.2d 331 (6th Cir. 1990).

185 Charles W. Baird, "The Government-Created Right to Work Issue," The Freeman, January/February 2006, p. 47.

186 National Right to Work Legal Defense Foundation, http://www.nrtw.org/rtws.htm (accessed October 27, 2006).

187 Ronald R. Booth, "Collective Bargaining and the School Board Member: A Practical Perspective for the 1990s," Illinois Association of School Boards, 1993, pp. 11-12.

188 Ibid.

189 Albert Shanker, "Al Shanker Speaks on Unions and Collective Bargaining," Education Week, May 14, 1997, pp. 35-36.

190 Fuller and Mitchell, "A Culture of Complaint," p. 21.

191 Damon Darlin, "To whom do our schools belong?" Forbes, September 23, 1996, p. 66.

192 Kathleen Harward, Market-Based Education: A New Model for Schools (Fairfax, VA: Center for Market Processes, 1995), pp. 23-29.

193 MASB Collective Bargaining Practical Guide, p. 15 ("Settlement Patterns").

194 MCL § 168.310; MCL Const. Art. 11, § 1.

195 Booth, "Collective Bargaining and the School Board Member," p. 15.

196 Quoted in Sol Stern, "How Teachers’ Unions Handcuff Schools," City Journal, Manhattan Institute, spring 1997, p. 35.

197 MCL § 423.211.

198 Hess and West, "Strike Phobia: School boards need to drive a harder bargain," p. 40.

199 Albert Shanker, "Al Shanker Speaks on Unions and Collective Bargaining," p. 35.