The Emerging Duty to Bargain in the Public Sector

Edwards, Harry T.

Journal: Michigan Law Review

Volume: 71

First Page: 885

Year: 1973

Bluebook Citation: 71 MICH. L. REV. 885 (1973)

Author: Harry T. Edwards: all 43 publications


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Frequently CitedTop 22% most-cited · cited by 11 decisions
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10
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1970s1990s

Courts citing this journal article

N.H.3
Mass.2
N.J.2
Conn. Super. Ct.1
Mass. App. Ct.1
Md.1
Most recently cited by10
  • 1993State v. Conn. State Board of Labor Relations, No. 379709s (Jan. 8, 1993) Conn. Super. Ct.
  • 1977Maryland Classified Employees Ass'n v. Anderson Md.
  • 1976Boston Teachers Union, Local 66 v. School Committee Mass.
  • 1976Board of Education v. Asbury Park Education Ass'n N.J. Super. Ct. Ch. Div.
  • 1975School Committee v. Curry Mass. App. Ct.
  • 1975State Employees' Ass'n of New Hampshire, Inc. v. Mills N.H.
  • 1974Timberlane Regional School District v. Timberlane Regional Education Ass'n N.H.
  • 1974Talbot v. Concord Union School District N.H.
  • 1974Town of Dedham v. Labor Relations Commission Mass.
  • 1973Board of Education v. Englewood Teachers Ass'n N.J.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Abstract

Whether the public sector is indeed sufficiently different from the private sector to warrant the assumption that private sector precedents should be avoided, or at least modified, is a question that can and has been argued at length; therefore, it will serve no useful purpose to rehash the issue in this Article. Rather, it is probably sufficient to observe that, for the most part, legislators and judges at the federal, state, and municipal levels have assumed that the two sectors are different; as a consequence, the initial legislative and judicial reactions to public sector unionism have been cautious. Arguments about sovereign authority and the unlawful delegation of legislative authority abound in the early cases; the strike proscription was declared as an inviolable principle; and strict limits were imposed on the process and scope of collective bargaining. However, as is frequently the case, the passage of time (coupled with the continued growth of public sector unionism) has apparently caused a mellowing of attitudes.

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