Individual Rights v. Collective Interests: Can a Public Employer and a Union Collectively Bargain a Valid Waiver of Public Employees’ Constitutional Rights?

January 16, 2009

Synopsis By: Lurie
Proceeding Author:
James Q. Brennwald
 

Attorney Brennwald suggests that, in Pyett, the Court might entrust the enforcement of statutory rights to the union’s discretion, subject only to its duty of fair representation and its obligation to refrain from unlawful discrimination. He examines the practical effect of that ruling, and important questions that the Court left unanswered.


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