Legal Opinion · Dissent

Martin v. Montezuma-Cortez School District Re-1

Supreme Court of Colorado

Decided October 26, 1992No. 90SC562, 90SC568Published

1DissentJustice Erickson

The threshold question before us is whether the 1981 strike by public school teachers in the Montezuma-Cortez school district was illegal. The underlying issue is whether public employees in Colorado have the right to strike.

I disagree with the majority’s central holding that public-sector employees have a qualified right to strike subject to explicit executive and judicial controls. I dissent because I believe that the common-law rule prohibiting strikes by public employees controls the right-to-strike issue. Accordingly, I would affirm the court of appeals decision that the strike was…

2Cases cited5 opinions

  1. Farmers Group, Inc. v. WilliamsSupreme Court of Colorado · 1991
  2. Bloomer v. Board of County CommissionersSupreme Court of Colorado · 1990
  3. Anchorage Education Ass'n v. Anchorage School DistrictAlaska Supreme Court · 1982
  4. People v. United Mine Workers of AmericaSupreme Court of Colorado · 1921
  5. Martin v. Montezuma-Cortez School District RE-1Colorado Court of Appeals · 1990

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API