CONGRESS' RIGHT TO REGULATE STATE EMPLOYEE JOB RIGHTS

WHEREAS, the U.S. Supreme Court on June 24, 1976, ruled by a 5-4 vote that Congress could not constitutionally extend minimum wage laws and overtime laws to state and local government employees; and

WHEREAS, Justice Brennan stated in his dissenting opinion that federal aid to state and local governments could be made contingent on whether or not such governments agreed to follow federally regulated job rights:

RESOLVED, that the American Federation of Teachers condemns the U.S. Supreme Court decision as regressive; and

RESOLVED, that the AFT ask the AFL-CIO to sponsor federal legislation making all aid to state and local governments contingent upon their agreement to bargain collectively with their employees, grant them overtime pay, and extend to them other federally guaranteed rights now enjoyed by private industry employees under federal law.