GARCIA V. SAN ANTONIO METROPOLITAN TRANSIT AUTHORITY: IMPLICATIONS FOR PUBLIC SECTOR COLLECTIVE BARGAINING

BARBARA R. DASTOOR AND PATRICIA P. WRIGHT


DOI: 10.2190/YWA1-6BBL-D3WE-JG2P

Abstract

This article argues that the 1985 Supreme Court case, Garcia v. San Antonio Metropolitan Transit Authority, is a precedent for the enactment of a national public sector labor relations law to regulate public employees. Minimum wage and overtime provisions of the 1938 Fair Labor Standards Act (FLSA) originally applied only to private sector employees. Now they apply to public workers as well. Congressional and Court action extended FLSA requirements to state and local government employees. Similar actions could extend provisions of the National Labor Relations Act, which regulates private sector employees, to public sector workers as well.

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