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Constitutional Law Keyed to Gershman
Perry Education Assn. v. Perry Local Educators’ Assn.
Citation:
460 U.S. 37, 103 S.Ct. 948 (1983)Facts
The Metropolitan School District of Perry Township operated a public school system with 13 separate schools, each containing teacher mailboxes. The district maintained an interschool mail delivery system primarily for official school-related communications. Prior to 1977, both PEA and PLEA had equal access to this mail system. After an election in which PEA won certification as the exclusive bargaining representative, PEA negotiated a collective bargaining agreement that granted it exclusive access to the mail system while denying access to rival unions. PLEA could still communicate with teachers through bulletin boards, meetings after school hours, public address announcements (with principal approval), and external means like U.S. mail. PLEA and two members filed suit under 42 U.S.C. §1983, claiming the exclusive access policy violated their First Amendment and Equal Protection rights.
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