Constitutional and Practical Pitfalls of a Federally-Mandated Public Sector Collective Bargaining System

Following September 11, 2001, lawmakers on both the federal and state level responded with legislative proposals aimed at addressing a variety of issues raised by such unions as the International Association of Firefighters and the Fraternal Order of Police. One such proposal involves a federally mandated collective bargaining system for state and local government public safety personnel. But in the rush to enact legislation following 9/11, Congress should not overlook the serious constitutional and policy considerations posed by the pending bills. There are, for example, serious concerns about the constitutionality of the proposed legislation. Moreover, the current state of public sector collective bargaining calls into serious question the need for such a federally-imposed system. A one-size-fits-all nature of the proposed legislation would severely limit the demonstrated innovative and creative abilities of state and local jurisdictions to deal in a responsible manner with the many complex issues that public sector collective bargaining poses.