IMPACT OF PROPOSED FEDERAL PUBLIC EMPLOYEE BARGAINING ON STATE LEGISLATION THE POTENTIAL LEGISLATION ON MANDATORY SUBJECTS OF BARGAINING

MYRON LIEBERMAN


DOI: 10.2190/6F8Q-F4PF-VLPD-4MX8

Abstract

The author presents an analysis of various state laws dealing with public employee working conditions and benefits and what the consequences would be if these were preempted by federal bargaining legislation. Following this, the author identifies some alternatives that Congress could make: 1) complete preemption of state legislation; 2) complete exemption of state legislation; 3) preemption or exemption of some state legislation; 4) preemption or exemption of some or all state legislation under certain conditions; and 5) a combination of the latter tow approaches.

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