The Propriety of Restraint: Assessing the Viability and Wisdom of Executive and Legislative Branch Action to Eliminate Collective Bargaining Rights in the Department of Defense

Authors

Casey Keppler

Abstract

Department of Defense civilian employees are generally permitted to be represented by unions who can engage in collective bargaining with the management on their behalf. In contrast with the private sector, unions representing federal government employees are prohibited from striking and are severely restricted in the topics they can negotiate with management. Given these limitations and the consternation collective bargaining can cause management officials, the question can reasonably asked whether unions’ existence in the federal sector enhance or impair the enterprise. This article discusses the mechanisms available to the Legislative and Executive Branches to eliminate the collective bargaining rights of Department of Defense employees. After discussing the legal authority to eliminate such rights, this article assesses the wisdom of taking such action and ultimately concludes that the elimination of collective bargaining rights would impair the Department’s ability to accomplish its undeniably important mission.

Recommended Citation

Keppler, Casey (2024) "The Propriety of Restraint: Assessing the Viability and Wisdom of Executive and Legislative Branch Action to Eliminate Collective Bargaining Rights in the Department of Defense," Hofstra Labor & Employment Law Journal: Vol. 41: Iss. 2, Article 3.
Available at: https://scholarlycommons.law.hofstra.edu/hlelj/vol41/iss2/3