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CITY OF FORT SMITH v. ARKANSAS STATE COUNCIL NO. 38

No. 5-4736.

433 S.W.2d 153 (1968)

CITY OF FORT SMITH, Appellant, v. ARKANSAS STATE COUNCIL NO. 38, AFSCME AFL-CIO, et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied November 25, 1968.

Attorney(s) appearing for the Case

James A. Gilker and Daily & Woods, Ft. Smith, for appellant.

Sam Sexton Jr., Ft. Smith, for appellees.

J. Gayle Windsor Jr., and Spitzberg, Mitchell & Hays, Little Rock, and Glenn G. Zimmerman and Wm. G. Fleming, No. Little Rock, on briefs for amicus curiae.

GEORGE ROSE SMITH, Justice.

Under Amendment 34 to the Arkansas Constitution municipal employees have the right to belong to labor unions, but they do not have the right to strike against the government. Potts v. Hay, 229 Ark. 830, 318 S.W.2d 826 (1958). The principal question here is whether a city is under a duty to engage in collective bargaining with a union representing city employees. This appeal is from a decree holding that...

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