Perry Education Association (1983): This case involved whether or not a public school’s limiting the use of its internal mailing system to one union violated the other union’s First Am. rights, and the case has a really great discussion of the different types of public property. In this case, P (the Perry Local Educator’s Association) sued because in 1977 the Board of Education
gave Perry Education Association—the arch-rival teacher’s association
of the PLEA—exclusive access to the interschool mail system and teacher mailboxes. Before this occurred, both PELA and PEA had access to the interschool mail system and mailboxes. The School Board said they gave only PEA access because PEA, in 1977, won the union election and was certified as the exclusive representative of the teachers (whereas before both unions represented the teachers). Is the First Am. violated when a union that has been elected by public school teachers as their exclusive bargaining representative is granted access to certain means of communication (i.e., the
interschool mail system), while such access is denied to rival union?
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