City of Biddeford Ex Rel. Board of Education v. Biddeford Teachers Ass'n

(Agreeing in part and disagreeing in part with the opinion of WEATHERBEE, J.).

I concur in the conclusions reached in Part One of the opinion of Mr. Justice Weatherbee.

I disagree, however, with Part Two and its conclusion that the statutory provisions for binding arbitration must be nullified as an unconstitutional delegation of powers legislative in nature. My opinion is that the legislature has constitutionally utilized arbitration, and judicial interference with the legislative program is unwarranted.

“Unconstitutional delegation of legislative powers” connotes that in a given instance the…