Legal Question in Discrimination Law in California
Government Unions
It is legal for unions to be active in
state and federal government? It
seems that since a state has a
monopoly on the services it provides,
the unions have a monopoly on jobs
in the service they provide for that
state. Additionally, the unions
control who they hire and fire,
without government regulations.
Does the state show preference
when they side with a unions over
the taxpayers?
1 Answer from Attorneys
Re: Government Unions
Federal, state and local government employees have the same right to join unions as do any other employees.
If you think government employee unions have the power to hire and fire employees, I can assure you that you are mistaken. The state and federal governments do not "side with unions against taxpayers." Government agencies enter into agreements with unions based on collective bargaining, just like private sector labor agreements negotiated at the bargaining table.
It may be fairly debatable whether a particular collective bargaining agreement is or is not fair to taxpayers, or whether the agreement was well or poorly negotiated. For example, some people feel that correctional officers are overpaid. Other people feel that government lawyers and judges are underpaid. And I realize it is frustrating for those concerned about the current state budget crisis that existing collective bargaining agreements can be difficult to modify and/or abrogate.
If anything, government employees have fewer collective bargaining rights than do private sector employees because they are legally forbidden to strike.