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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p236058_index.html Direct Link: HTML Code:

Slater, Joseph. "Collective Bargaining Means What? Why the D.C. Circuit and the Missouri Supreme Court Are Still Struggling with What Labor Law Terms Mean in the Public Sector Labor" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p236058_index.html>

Slater, J. , 2008-05-27 "Collective Bargaining Means What? Why the D.C. Circuit and the Missouri Supreme Court Are Still Struggling with What Labor Law Terms Mean in the Public Sector Labor" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2009-05-23 from http://www.allacademic.com/meta/p236058_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: In NTEU v. Chertoff, 452 F.3d 839 (2006), the D.C. Circuit invalidated the personnel system the Bush administration designed for the Department of Homeland Security on the grounds that the authorizing statute required that the system provide the right of “collective bargaining,” and the system as promulgated did not provide that right given that, among other things, it allowed management to void, unilaterally, any provision of the contract. In Independence-Nat. Educ. Ass'n v. Independence School Dist., 223 S.W.3d 131 (Mo. 2007), the Missouri Supreme Court overturned sixty years of precedent and held that a provision of the Missouri Constitution guaranteeing “employees” the “right to organize and to bargain collectively” applies to public employees as well as private sector employees; yet it approved a system of “collective bargaining” which allows employers to reject all union proposals, as long as the employer has “met and conferred” with unions. This paper discusses first discusses why it took sixty years for a court to agree that the term “employee” includes public employees, and second, why the definition of “collective bargaining” is susceptible to differing interpretations despite decades of experience with the practice. It places these very modern and significant debates and difficulties in the unique historical context of American labor relations, which has long treated the public sector as something completely different from the private sector.

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