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?


Asked on 6/29/09, 11:02 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 6/29/09, 11:23 pm


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