Legal Opinion

No.

Colorado Attorney General Reports

Decided May 30, 1975Published

1Opinion of the Court

The Honorable Ruben A. Valdez Speaker of the House of Representatives 242 State Capitol Building Denver, Colorado

Dear Mr. Speaker:

QUESTION PRESENTED AND CONCLUSION

Is it an unlawful delegation of legislative authority to statutorily mandate settlement by binding arbitration for a state governmental unit, a school district, a local government or other governmental entity?

Legislation permitting binding arbitration of grievances would not constitute unlawful delegation of legislative authority. However, binding arbitration of "interest" disputes may violate the Colorado constitution.

ANALYSIS

I…

2Cases cited30 opinions

  1. Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
  2. Fire Fighters Union, Local 1186 v. City of VallejoCalifornia Supreme Court · 1974
  3. Board of Education of Union Free School District No. 3 of Huntington v. Associated Teachers of Huntington, Inc.New York Court of Appeals · 1972
  4. City of Biddeford Ex Rel. Board of Education v. Biddeford Teachers Ass'nSupreme Judicial Court of Maine · 1973
  5. City of Warwick v. Warwick Regular Firemen's Ass'n.Supreme Court of Rhode Island · 1969

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