# What Are the Restrictions on Limiting Collective Bargaining?

**URL:** <https://boards.straightdope.com/t/what-are-the-restrictions-on-limiting-collective-bargaining/571780>\
**Category:** Factual Questions\
**Created:** [February 18, 2011, 4:12am UTC](https://boards.straightdope.com/t/what-are-the-restrictions-on-limiting-collective-bargaining/571780 "2011-02-18T04:12:22Z")\
**Posts on this page:** 1\
**Showing post:** 7

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**Author:** ![Agnostic\_Pagan](https://avatars.discourse-cdn.com/v4/letter/a/c4cdca/32.png) [@Agnostic\_Pagan](https://boards.straightdope.com/u/Agnostic_Pagan)\
**Post date:** [February 18, 2011, 1:59pm UTC](https://boards.straightdope.com/t/what-are-the-restrictions-on-limiting-collective-bargaining/571780/7 "2011-02-18T13:59:16Z")

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> [@What\_the](#):
>
> Excuse me if this is a hijack but… are school teachers clearly state government workers and why?
> 
> The school systems deal with all kinds of regulation and control from the Feds down to the local school boards.

My understanding is that while teachers have to meet state-wide standards, they are employees of the specific school district they teach in. I believe all states have state-wide pension funds for ease of management.

Here is a link to the bill in question by the by - [PDF - Senate Bill 11](http://legis.wisconsin.gov/JR1SB-11.pdf)

As far as the NLRA, it does not apply to state workers.

From [Wikipedia](http://en.wikipedia.org/wiki/United_States_labor_law)

> [@](#):
>
> Federal law does not provide employees of state and local governments with the right to organize or engage in union activities, except to the extent that the United States Constitution protects their rights to freedom of speech and freedom of association. The Constitution provides even less protection for governmental employees’ right to engage in collective bargaining: while it bars public employers from retaliating against employees for forming a union, it does not require those employers to recognize that union, much less bargain with it.

The [Public Safety Employer-Employee Cooperation Act](http://en.wikipedia.org/wiki/Public_Safety_Employer-Employee_Cooperation_Act) has been introduced several times to grant them equivalent rights, but has never passed, but came very close in 2007.

I have no idea how the Supreme Court would rule if it came before them. Actually, I am fairly certain _what_ the Roberts court ruling would be, but no idea on how they would do so.

Still reaching any relevant court opinions, and hope to see what others come up with as well.

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