PUBLIC EMPLOYMENT RESIDENCY REQUIREMENTS AND THE DUTY TO BARGAIN

THOMAS J. LYNCH

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DOI: 10.2190/68JW-JCA4-RAKU-T16N

Abstract

Although a residency requirement establishing qualifications for employment can usually be imposed unilaterally by the public employer, a requirement dealing with conditions of continued employment must generally be negotiated if it impacts greater on conditions of employment than on the mission of the employer. Residency requirements that set qualifications for promotion pose unique problems, since they can be viewed as both conditions of and qualifications for employment. Since the types of residency requirements vary considerably, greatcare must be taken in considering whether a particular residency requirement is subject to mandatory negotiations.

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