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ERIC Number: ED105610
Record Type: RIE
Publication Date: 1975-Jan-16
Pages: 37
Abstractor: N/A
Reference Count: 0
An Exploratory Analysis of Preemption Problems Growing Out of Proposed Federal Legislation Providing Collective Bargaining Rights for State and Local Public Employees (H.R. 8677 and H.R. 9730, S. 3294 and S. 3295).
Lieberman, Myron
Proposed federal public employee bargaining legislation raises the issue of preemption. To what extent, if any, would and/or should federal legislation providing bargaining rights for state and local public employees preempt state legislation on terms and conditions of employment? The purpose of this analysis is to illustrate the importance of the question, to underscore the serious problems that may result, and to urge prior and comprehensive consideration of the impact of a federal public employee bargaining bill on state legislation. The topics of job security, retirement benefits, promotion, veterans' benefits, contract performance, sick leave, personal leave, military leave, maternity leave, lunch periods, wages, salary schedules, union security, teacher evaluation, residency requirements, legal defense, grievance procedures, arbitration, and supervisory employees are analyzed for potential conflicts between federal and state laws. The formulation of federal legislation that adequately takes preemption problems into account will be extremely difficult, but it appears to be essential to constructive national policy and to avoid a flood of litigation concerning preemption issues. (Author/DW)
Publication Type: Reports - Research
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Note: Pages 28 and 30 may reproduce poorly