The U.S. Federal Court Decisions

The U.S. federal court decisions

Dixon v. Alabama State Board of Education¸ 294 F. 2d 150 (5th Cir. 1961).

Topic: Expulsion

Relief Sought: Students want the board of Education to be ordered to reverse the decision to expel them.
Issue: Does due procedure call for any notice and some chance for a trial in a state

Supported college?

 Facts: Some Twenty-nine African-American students from the Alabama State College took part in a sit-in a demonstration at one of the public eatery. A successive mass demonstration was held outside a court by the Alabama college students including the ones that had participated at the sit-in at the eatery in support of a student whose hearing was ongoing. The students who had taken part in the sit-in apparently took part in other demonstrations in several cities; the students were advised by the president to stop the demonstration as it was disrupting the college activities. Students did not take heed of the advice. The six plaintiffs were then expelled by the board, after which each of the students was notified on their expulsion. The students then filed for a permanent injunction to bar the Board of Education from refusing them the chance to attend college.


The finding of the Trial Court: For defendant.
Finding of the Appellate Court: Court of Appeals overturned the decision by the court.
Reasoning:  Even though there is no rule that calls for a hearing, a traditional practice by the college in such circumstances has been granting students a hearing before a decision is made on expulsion. The court reasoned that the expulsion had an effect on the students, and any governmental action that causes injury to an individual must adhere to the constitutional requirement. In this case, the minimum requirement was to accord a chance to all parties involved a hearing.


Griggs v. Duke Power Company, 401 U.S. 424 (1971),

Topic: Racial Discrimination
Relief Sought: quashing of a decision by the firm of setting the minimum requirement for employment in some departments apart from labour as a diploma certificate.
Issue:  Was the minimum requirement set to discriminate against the African-Americans?
Facts: Griggs and twelve other African-Americans employees of the Duke Power’s Dan River hydroelectric firm in North Carolina went to court after the firm introduced a minimum requirement for employment in other departments apart from labour describing it as discriminatory.  Later in the same year, the firm introduced a rule that required any person wishing to join any department from labour had to undergo a test.
The finding of the Trial Court: For defendant.
Finding of the Appellate Court:  Affirmed the ruling by the trial court.
Finding of the Supreme Court: Overturned the decisions by the lower courts.


Reasoning: Even though intelligence scores and minimum requirements of diplomas as a minimum requirement are not illegal, the firm failed to prove the effectiveness of the requirements.  The requirements set did not pertain to the job, skills or performance. The minimum requirement set in place was affecting the minority and not all the workers in the plant.



Kenai Peninsula Borough School Dist. v. Kenai Peninsula Educ. Ass’n, 572 P.2d 416 (Alaska 1977).

Topic: labour
Relief Sought:

In  Kenai  Peninsula  Borough School  Dist.  v.  Kenai

Peninsula Educ. Ass’n, 572 P.2d 416 (Alaska 1977) (Kenai  I),  we enunciated  a general balancing test for determining  whether  an

issue of public education was negotiable in collective bargaining between  a  teachers’  union and the local  government  under  AS

14.20.550-.610  (mediation and negotiation in public education employment).  In general, we wrote, “a matter is more susceptible

to  bargaining the more it deals with the economic  interests  of employees  and  the  less  it  concerns  professional  goals  and

methods.”  Id. at 422.  Subsequently, of course, we held that PERA establishes the distinction between mandatory and permissive

subjects of bargaining and makes refusal to bargain over mandatory subjects an unfair labour practice.   Federation  of

Teachers,  669 P.2d at 1305.  We now adopt the Kenai I  balancing test for “negotiability” to the Federation of Teachers division

between mandatory and permissive subjects of bargaining in cases, such as this one, where the government employer’s constitutional,

statutory, or public policy prerogatives significantly overlap the public employees’ collective bargaining prerogatives.   We

conclude that a matter is more susceptible to categorization as a mandatory subject of bargaining the more it deals with the

economic interests of employees and the less it concerns the employer’s general policies.


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