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Structuring Collective Bargaining in Public Employment, 79 Yale Law Journal 805 (1970)


Initially, and by way of establishing a framework, we address two
general questions: first, the extent to which a single structure, at either
the state or federal level, should govern municipal labor relations; and
second, the impact of collective bargaining on the role of government
and the functions it performs. We then examine at length what may
in short be called the strike problem: what mechanisms can replace
the strike if it is to be prohibited; what sanctions should back up the
prohibition; and, if strikes are to be permitted in non-emergency situations,
what steps can be taken to reduce the vulnerability of the political
process. Finally, we address the scope of bargaining issue: what
should be the role of collective bargaining in resolving disputed issues
which involve terms and conditions of employment but which are also
matters of political import.

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