Collective Bargaining in the Public Sector

The institutional structure and legal rights related to collective bargaining vary by level of government, jurisdiction, and occupational group. National labor laws that govern collective bargaining and representation rights for federal and private sector employees do not pertain to state and local government employees.
State and local public employees’ bargaining and representational rights are enumerated wherever authorized by state law and, less frequently, by local ordinance or executive order. Currently, 30 states and the District of Columbia authorize collective bargaining for public employees, 12 other states allow bargaining for some state and/or local employees, and the remaining 8 states lack collective bargaining statutes for their state and local government employees. In some instances, however, executive orders or local ordinances confer rights to bargain or have representation.
Collective bargaining is the process whereby labor and management representatives meet to set terms and conditions of employment for personnel in a bargaining unit. Certain legal factors help to frame bargaining and union-management relationships. These factors are also influenced by and help to determine the strength and strategy of public unions. Identification of such factors is a necessary prelude to painting a portrait of the bargaining process. They include the nature of the bilateral relationship, the type of union security provisions, the kind of administrative arrangements, the range of unfair labor practices, and the existence of dispute resolution or impasse procedures.

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