32 B.C. L. Rev. 95 (1990-1991)
The Interplay of Civil Service Law and Collective Bargaining Law in Public Sector Employee Discipline Cases

handle is hein.journals/bclr32 and id is 105 raw text is: THE INTERPLAY OF CIVIL SERVICE LAW
AND COLLECTIVE BARGAINING LAW IN
PUBLIC SECTOR EMPLOYEE DISCIPLINE
CASESt
ANN C. HODGES*
INTRODUCTION ..................................................         96
I. BACKGROUND AND DEVELOPMENT OF CIVIL SERVICE
L AW   ..............................................................  101
II. BACKGROUND AND DEVELOPMENT OF COLLECTIVE BAR-
GAINING IN PUBLIC EMPLOYMENT ............................              103
III. THE POTENTIAL CONFLICT BETWEEN CIVIL SERVICE LAW
AND COLLECTIVE BARGAINING LAW .........................                106
IV. STATE RESOLUTIONS OF THE CIVIL SERVICE-COLLECTIVE
BARGAINING CONFLICT IN DISCIPLINE CASES ..............                 108
A. The Silent Statutes ...........................................     110
B. Specific Statutory Provisions Regarding Employee
D iscipline  .....................................................  117
1. State Statutes that Expressly Address the Issue of
Contract Provisions Regarding Employee
D iscipline .................................................   117
2. Strengths and Weaknesses of Express Statutory
Provisions Regarding Employee Discipline ........               121
C. Statutory Provisions Regarding the Relationship of Col-
lective Bargaining to Other Laws ..........                        124
1. State Statutes with Language Directed to the Re-
lationship of Collective Bargaining and Other
Law  s  ......................................................  124
t Copyright  1990 Ann C. Hodges.
* Assistant Professor of Law, University of Richmond; B.A., 1973, University of North
Carolina-Chapel Hill; M.A., 1974, University of Illinois; J.D., 1981, Northwestern Univer-
sity. The author thanks Professors Charles B. Craver, Stephen B. Goldberg, and Michael J.
Herbert and the participants of the University of Richmond Law Faculty Colloquium for
their comments on an earlier draft of this article. The author also acknowledges the encour-
agement and suggestions of R. Theodore Clark, Jr., partner at Seyfarth, Shaw, Fairweather
& Geraldson in Chicago, the use of the Seyfarth, Shaw, Fairweather & Geraldson library for
research materials, and the valuable research assistance of Rita R. Cammarano, J.D., 1989,
and John M. Craig, Class of 1991, University of Richmond Law School. Generous financial
assistance that supported the research and writing of this article was provided by the Uni-
versity of Richmond, the University of Richmond Faculty Research Committee, and the
Hunton & Williams Summer Research Fund.

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