COLLECTIVE BARGAINING BY STATE WORKERS: LEGISLATURES HAVE THE FINAL VOICE IN THE APPROPRIATION OF FUNDS

JAN W. HENKEL AND NORMAN J. WOOD


DOI: 10.2190/TKY8-Y1Y1-LQLW-3QQ0

Abstract

Unionization of state public employees has surged in the past decade. During this period one fact has received a paucity of attention: In all states that authorize collective bargaining by public employees, any agreement concerning monetary matters, no matter how thoroughly negotiated and painstakingly resolved, is subject to approval of the state legislature. Recent court decisions have upheld the right of the state legislature not to finance the collective bargaining agreement reached by the union of state workers and the state agency. The paper discusses the power of state legislatures to in effect veto the collective bargaining agreements of state employee unions. The difficulties that this power imposes on public employee bargaining will be considered and some possible remedies will be suggested. In addition, the paper analyzes the state statutes authorizing collective bargaining for state workers.

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