specially concurring:
I am of the opinion that the collective bargaining agreement under consideration, as presented by the record here, had no proper legislative authorization.
That public employees may organize in unions and may designate a representative to present their views as to terms and conditions of employment to the body charged with the duty of setting such terms and conditions if the body chooses to hear them seems now to be generally accepted. Agreements reached between the negotiating parties may be translated into effect by proper legislative action, providing such agreements do not conflict with constitutional, charter or statutory provisions.
I am of the further opinion that proper legislative authority permitting municipalities to voluntarily enter into limited collective bargaining agreements with respect to terms and conditions of employment does not involve an improper delegation of a legislative function. The fact that the municipality engages in collective bargaining does not necessarily mean that it has surrendered its decision making authority with respect to public employment. The final decision as to what terms and conditions of employment the municipality will agree to, or whether it will agree at all, still rests solely with its legislative body. The public employer can, and frequently does, place its own terms and conditions in effect rather than those requested by the bargaining agents. For a full discussion of these points, see Anderson, Labor Relations in the Public Service, 1961 Wis. L. Rev. .601.
Of course, collective bargaining contracts with municipalities, when authorized, are surrounded by many limitations because they deal with public employment, *308public budgets and public funds. The legislative body can not surrender policy making powers which are delegated to it by constitution, charter, or statute. The validity of each collective bargaining contract, therefore, depends upon its precise terms and the subject matter covered.