アメリカ合衆国における教育公務員のストライキ

―教育公務員のストライキに対する各州の政策とその合法性の条件―

抄録

The purpose of this paper is to examine the each state's policy toward public school teachers' strikes and the legal standards of their strikes in the United States of America. Until now, ten states have approved the right of the public school teachers to strike. They are Vermont, Hawaii， Pennsylvania, Minnesota, Oregon, Montana, Wisconsin, Ohio, Illinois and Alaska. Their legal standards consist of procedural standards and substantial standards. The procedural standards consist of conditions such as "a termination of collective agreement", "refer to finaland binding arbitration", "alternative procedures have been exhausted", "the fact finding board has made public its findings and recommendation", "a notice of intent to strike". The substantial standards are considered “to be irreparable harm" and "a clear and present danger or threat to the health or welfare of the public".

The contents of this paper are as follows,

(1)　Introduction

(2)　The state policy toward public school teachers' strikes

(3)　The legal standards of the public school teachers' strike in state statutes

(4)　The legal standards of the public school teachers' strike in case decisions

(5)　Conclusion