ABSTRACT
The following analysis of preemption problems arising out of proposed federal public employee bargaining legislation is excerpted from the principal investigator’s study entitled Identification and Evaluation of State Legal Constraints Upon Educational Productivity. The basic reason is that the interest groups supporting a federal bill appear to be uniting over H.R. 9730 as the vehicle for enacting federal legislation. This is an impression which may be erroneous now, or it may become erroneous as circumstances develop. At least since 1882 when New York State, the first state to do so, enacted its first Civil Service Law, the states have enacted a growing body of legislation governing terms and conditions of employment for state and local public employees. Undoubtedly a great deal of this legislation provides benefits and protections for public employees. State legislation on public employment is usually found in Civil Service and Education Codes, but it may appear anywhere within a state’s statutory law.
