Alaska Statutes
Alaska Stat. § 23.40.070 (2026)
Declaration of policy
✓ current as of July 2026
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Sec. 23.40.070. Declaration of policy.
The legislature finds that joint decision-making is the modern way of administering government. If public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their conditions of work, to provide a rational method for dealing with disputes and work stoppages, to strengthen the merit principle where civil service is in effect, and to maintain a favorable political and social environment. The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by
(1) recognizing the right of public employees to organize for the purpose of collective bargaining;
(2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment;
(3) maintaining merit-system principles among public employees.
The legislature finds that joint decision-making is the modern way of administering government. If public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their conditions of work, to provide a rational method for dealing with disputes and work stoppages, to strengthen the merit principle where civil service is in effect, and to maintain a favorable political and social environment. The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by
(1) recognizing the right of public employees to organize for the purpose of collective bargaining;
(2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment;
(3) maintaining merit-system principles among public employees.
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1975–2023 · leading case: Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992).
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992). “" AS 23.40.070. [5] Accordingly, PERA specifically requires public employers to "negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment.”
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “The issue presented by this appeal is whether the Public Employment Relations Act (hereinafter PERA), AS 23.40.070 et seq., applies to employees of the State Division of Marine Transportation.”
Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983). “The Agency concludes as a matter of law, that under the provisions of AS 23.40.070 et seq., the University had an obligation to bargain with the representatives of the Union and that its failure to submit its desired work rules to collective bargaining prior to implementing them…”
Hammond v. State, Dep't of Transp. & Pub. Facilities, 107 P.3d 871 (Alaska 2005). “Hammond was a state employee whose employment was governed by a collective bargaining agreement regulated by the Public Employment Relations Act, AS 23.40.070 et seq. Under PERA, collective bargaining agreements must include a grievance procedure "which shall have binding…”
Classified Employees Ass'n v. Matanuska-Susitna Borough Sch. Dist., 204 P.3d 347 (Alaska 2009). “[41] See generally AS 23.40.070 et seq. Because the District is a unit of local government, the CBA is governed by Alaska state law and not federal labor law.”
State v. Pub. Saf. Employees Ass'n, 93 P.3d 409 (Alaska 2004). “The definition of mandatory subjects of bargaining comes from the Public Employee Relations Act, and includes "the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees.”
Anchorage Educ. Ass'n v. Anchorage Sch. Dist., 648 P.2d 993 (Alaska 1982). “" AS 23.40.070. The state assuredly has a legitimate interest in furthering these policies.”
Anchorage Mun. Employees Ass'n v. Mun. of Anchorage, 618 P.2d 575 (Alaska 1980). “AS 23.40.070. 7 . We assign no significance to the fact that Section 4 was printed in the Special and Temporary Acts portion of the Alaska Statutes rather than being codified with the remainder of PERA.”
State v. City of Petersburg, 538 P.2d 263 (Alaska 1975). “[11] AS 23.40.070. [12] Even the City admits that the exemption provision cannot be read as placing no time limit on the action of political subdivisions.”
Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Borough Sch. Dist. Classified Ass'n, 590 P.2d 437 (Alaska 1979). “We have recognized that same freedom for employees covered by the Alaska Public Employment Relations Act, AS 23.40.070. State v. Petersburg, 538 P.”
Jefferson Cnty. Bd. of Educ. v. Jefferson Cnty. Educ. Ass'n, 393 S.E.2d 653 (W. Va. 1990). “Dripps, supra, at 591: " Alaska Stat. §§ 23.40.070 to-.260 (1984); Hawaii Rev.”
Fairbanks Police Dep't Chapter, Alaska Pub. Employees Ass'n v. City of Fairbanks, 920 P.2d 273 (Alaska 1996). “The collective bargaining relationship between APEA and the City is governed by the Public Employment Relations Act (PERA), AS 23.40.070 .260. PERA divides public employees into three classes.”
— Alaska Stat. § 23.40.070(1) — 3 cases
State v. City of Petersburg, 538 P.2d 263 (Alaska 1975). “[11] AS 23.40.070. [12] Even the City admits that the exemption provision cannot be read as placing no time limit on the action of political subdivisions.”
Peterson v. State, 280 P.3d 559 (Alaska 2012).
City of Fairbanks v. Alaska Dep't of Labor, 763 P.2d 976 (Alaska 1988).
— Alaska Stat. § 23.40.070(2) — 4 cases
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992). “" AS 23.40.070. [5] Accordingly, PERA specifically requires public employers to "negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment.”
Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983). “The Agency concludes as a matter of law, that under the provisions of AS 23.40.070 et seq., the University had an obligation to bargain with the representatives of the Union and that its failure to submit its desired work rules to collective bargaining prior to implementing them…”
State v. Pub. Saf. Employees Ass'n, 93 P.3d 409 (Alaska 2004). “The definition of mandatory subjects of bargaining comes from the Public Employee Relations Act, and includes "the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees.”
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “The issue presented by this appeal is whether the Public Employment Relations Act (hereinafter PERA), AS 23.40.070 et seq., applies to employees of the State Division of Marine Transportation.”
— Alaska Stat. § 23.40.070(3) — 1 case
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992). “" AS 23.40.070. [5] Accordingly, PERA specifically requires public employers to "negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment.”
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