March 7, 2016
Re: Recognition of union as exclusive bargaining agent
Dear Electric Utility:
You asked whether the utility system or the City may recognize and bargain with a union as the
exclusive bargaining agent for utility employees. The law in Tennessee remains that it is illegal
for local governmental entities (except school and transit entities) to recognize unions. Some
cities and city entities, especially in the larger cities, bargain with unions and enter memoranda
of understanding with them, but these negotiations result in agreements that are not legally
enforceable.
The case of Weakley County Electric System v. Vick, 43 Tenn.App. 524, 309 S.W. 2d 792, (cert.
denied Tenn. 1957), held that a local government is powerless to enter into a collective
bargaining agreement without express statutory authority. Although the holding in this case has
been criticized, it has since been followed in Fulenwider v. Firefighters Association Local Union
1784, 649 S.W. 2d 268 (Tenn. 1982). Local government employee unions attempt each year to
pass legislation to allow union recognition but so far have failed.
The court in the Fulenwider case cites both the Weakley County Electric System case above
and City of Alcoa v. IBEW Local Union 760, 203 Tenn. 12, 308 S.W. 2d 476 (1957), for the
proposition that a collective bargaining agreement between a union and a municipality is
unenforceable. I am sending you with this letter copies of some Attorney General opinions on
this subject.
I hope this information is helpful. If you have further questions or if we may be of assistance in
any way, please feel free to contact us.
Sincerely,
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