Constitutional Implications of a Federal Collective Bargaining Law for State and Local Government Employees

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Authors
Hein, John
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1978
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Journal Article
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INTRODUCTION|One impact of the Supreme Court's 1976 decision in National League of Cities v. UseryI was to freeze efforts in the United States Congress to pass a federal law which would provide collective bargaining rights and protections to state and local government employees. The legislation then under consideration would have granted rights to public employees equivalent to those afforded private sector employees under the National Labor Relations Act. To the extent it set up the tenth amendment as a barrier to congressional use of the commerce power to regulate the employment relationship at the state and local government level, the League of Cities decision appeared to prohibit the enactment of the legislation which Congress was considering under its commerce power. The oral arguments in League of Cities showed that the Court was cognizant of the impact its decision would have on the proposed collective bargaining legislation. One observer has characterized the League of Cities decision as "written with a national public sector collective bargaining law in mind"...
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11 Creighton L. Rev. 863 (1977-1978)
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Creighton University School of Law
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