Labor Relations in the Public Sector, Fourth Edition

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  • Edition: 4th
  • Format: Hardcover
  • Copyright: 2008-11-21
  • Publisher: CRC Press
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That we are participants in a global economy may no longer be news, but its impact continues to shape the field of labor relations. This is certainly true in the public sector where union membership is stagnant and outsourcing is becoming more and more prevalent.   Further impacting current trends are local and state movements to restructure public organizations and the processes they use to conduct their activities and provide services. These include the mechanisms of collective bargaining and contract administration.Reflecting these and many other trends and changes, this fourth edition of the perennially bestselling Labor Relations in the Public Sectoris now completely updated. The fundamental reader-friendly organization of the book remains the same, and it continues to address the many facets that must be considered today, as unions still represent 40 percent of public sector workers. However in keeping up with the formative events of recent times, this text'”· Accounts for emerging trends in  scholarly and professional literature as well as in practice· Features several new case studies that provide readers with experiential learning opportunities across a range of contemporary situations· Places greater emphasis on ways to develop and use interest-based ('œwin'win') negotiations during bargaining processes and throughout the administration of contractsThis volume recognizes the key role played by unions in the federal government and in a large proportion of state and local jurisdictions, but it also recognizes that much is changing. Fiscal realities and strategic challenges are changing the role of the labor union in the public sector. This is a trend that must be understood if its consequences are to be anticipated and met for the mutual good.

Table of Contents

List of Case Studiesp. xvii
Prefacep. xix
History and Backgroundp. 1
Introductionp. 1
Early American Unionismp. 2
Factors Contributing to Private Sector Union Declinep. 7
Structural Elementsp. 10
Unfavorable Legal and Policy Environmentp. 11
Management Oppositionp. 11
Strategic Factorsp. 12
Unions in Government - The Early Yearsp. 13
Why Government Employees Did (and Did Not) Unionizep. 16
The Growth of Unions in Governmentp. 17
The Growth of Governmentp. 17
The Private Sector Experiencep. 19
Changes in the Legal Environmentp. 20
An Era of Social Change and Turmoilp. 20
Why Government Workers Join Unions - The Individual Perspectivep. 21
Future Prospectsp. 22
The Unions Todayp. 25
Introductionp. 25
The Federal Governmentp. 25
Nonprofit Organizationsp. 29
State and Local Governmentp. 30
The Determinants of State and Local Unionizationp. 30
Employee Organizations in State and Local Governmentp. 36
General-Purpose Unionsp. 37
Functionally Specific Organizationsp. 39
Prospects for Future Growthp. 44
The Legal Environment of Public Sector Labor Relationsp. 47
Introductionp. 47
The Right to Form and Join Unionsp. 48
Labor Relations in Federal Employment: The Legal Basisp. 50
The Executive Ordersp. 51
The Civil Service Reform Act of 1978p. 54
Recent Exceptions from CSRA Coveragep. 55
The FLRAp. 56
The Legal Basis of Labor Relations in State and Local Governmentp. 57
Federal Legislation for State and Local Governmentp. 58
State and Local Government Policiesp. 59
States without Collective Bargaining Policiesp. 64
States with Noncomprehensive Policiesp. 68
States with Comprehensive Collective Bargainingp. 69
Employee Rightsp. 71
Employer Rightsp. 72
Administrative Agencyp. 72
Unit Determinationp. 72
Recognition Proceduresp. 73
Scope of Bargainingp. 73
Impasse Resolution Proceduresp. 73
Union Securityp. 74
Unfair Labor Practicesp. 77
The Initiative and Referendump. 78
Labor Relations in Nonprofit Organizationsp. 79
Summary and Conclusionsp. 80
Fundamentals of the Bargaining Processp. 83
Introductionp. 83
Public-Private Sector Differencesp. 83
The Environmentp. 84
Financial Setting and Incentivesp. 84
The Nature of Workp. 85
The Role of Politicsp. 85
The Partiesp. 86
The Processp. 87
Electing a Union and Getting a Contract: The Elements of Collective Bargainingp. 88
Bargaining Unit Determinationp. 88
Community of Interestp. 90
Bargaining Historyp. 90
The Extent of Prior Union Organizationp. 90
Efficiency of Agency Operationsp. 90
Fragmentation of Bargaining Unitsp. 90
Exclusion of Supervisory and Confidential Employeesp. 92
The Representation Election or Show of Majority Supportp. 93
Certification of the Bargaining Representativep. 95
Negotiating the Contractp. 95
Summary and Conclusionsp. 109
The Process and Politics of Public Sector Collective Bargainingp. 115
Introductionp. 115
Internal Process and Politicsp. 115
Identifying Proposalsp. 116
Preparation for Bargainingp. 117
The Duty to Bargainp. 118
The Scriptp. 119
Concession Bargainingp. 121
External Politicsp. 125
Lobbyingp. 125
Electoral Activitiesp. 126
Public Opinionp. 129
Restrictions on Public Employee Political Activityp. 129
From Traditional to Interest-Based Bargainingp. 130
Traditional Negotiationsp. 131
Interest-Based Bargaining (IBB)p. 134
Bargaining in the Futurep. 138
Summary and Conclusionsp. 140
Financial Impacts of Unions and Collective Bargainingp. 143
Introductionp. 143
Budget Making and Unionsp. 144
The Budgetary Processp. 145
Budgetary Outcomesp. 148
Unions, Wages, and Benefitsp. 149
Socioeconomic Factorsp. 149
Political Factorsp. 151
Politics and Decision Rules in the Compensation Decision Processp. 152
Monetary Impacts of Unions: Approaching the Research Questionp. 157
Are Public Sector Workers Paid More than Private Sector Workers?p. 158
Comparing the Relative Effects of Unions in the Public and Private Sectorsp. 161
The Effects of Public Employee Unions on Compensation: Methodological Problemsp. 162
The Effects of Public Employee Unions on Compensation: A Review of the Findingsp. 164
Salary and Wagesp. 164
Benefitsp. 166
Evaluating the Union Effect on Wages and Benefitsp. 167
Responding to Public Sector Compensation Cost Increasesp. 168
Productivity Bargaining (Gainsharing)p. 170
Monetary Impacts of Federal Employee Unionsp. 172
Federal Wage Systemp. 173
Classified Civil Servicep. 174
Collective Bargaining Systemp. 175
Conclusionp. 176
Union Impacts: Personnel Processes and Policiesp. 179
Introductionp. 179
Merit Systemsp. 180
The Interface between Collective Bargaining and the Merit Systemp. 183
Accommodating Collective Bargaining and the Merit Systemp. 184
Unions and Threats to the Merit Principlep. 187
Union Securityp. 187
Seniorityp. 187
Affirmative Action and Diversityp. 189
New Public Managementp. 192
Specific Impacts of Unions on Personnelp. 193
Functions and Policiesp. 193
Management Rights (Scope of Bargaining)p. 193
State and Local Governmentp. 195
Management Structurep. 196
Personnel Processesp. 197
Recruitment, Testing, and Selectionp. 197
Promotionsp. 199
Training and Developmentp. 200
Position Classification and Staffingp. 200
Work Load and Schedulingp. 202
Grievancesp. 204
Employee Disciplinep. 205
Dismissals and Layoffsp. 205
Reductions in Forcep. 206
Other Human Resource Management Policiesp. 207
Conclusionp. 217
Strike!p. 221
Introductionp. 221
A Strike by Any Other Namep. 223
Public Sector Strike Activityp. 225
The Right to Strike in Public Employmentp. 227
The Sovereignty Argumentp. 227
Distortion of the Political Processp. 228
Lack of Market Constraintsp. 228
Essential Servicesp. 228
Legislation Pertaining to Strikesp. 231
Public Policy and the Incidence of Strikesp. 235
Why Public Employees Strikep. 236
Macro-Level Factorsp. 237
Micro-Level Factorsp. 238
Demographic and Attitudinal Factorsp. 238
Bargaining Power and Disagreement Costsp. 238
Faulty Negotiationsp. 239
Strike Tacticsp. 243
The Unionp. 243
Managementp. 245
Contingency Planning for the Strikep. 246
The Injunctionp. 247
Strike Penaltiesp. 248
Conclusions and a Look Aheadp. 252
Resolving Impasses: Alternatives to the Strikep. 255
Introductionp. 255
The Private Sector Experiencep. 256
Impasse Resolution in Federal Employmentp. 257
State and Local Government Impasse Proceduresp. 258
Mediationp. 261
Traits of an Effective Mediatorp. 264
Advantages and Disadvantages of Mediation as a Technique for Resolving Impassesp. 265
Fact Findingp. 266
The Fact-Finding Processp. 267
Advantages and Disadvantages of Fact Findingp. 268
Arbitrationp. 269
The Arbitration Processp. 271
Advantages and Disadvantages of Arbitrationp. 274
Final Offer Arbitrationp. 278
Other Impasse Resolution Proceduresp. 280
Med-Arbp. 280
Arb-Medp. 281
Labor-Management Committeesp. 281
Referenda - Letting the Taxpayers Decidep. 282
The Unfair Labor Practicep. 283
The Search for Flexibilityp. 283
Uncertainty: Benefit or Bane?p. 285
Conclusion: The Benefits of Impasse Proceduresp. 286
Living with the Contractp. 291
Introductionp. 291
The Collective Bargaining Agreementp. 292
Contents of the Agreementp. 292
Disseminating the Agreementp. 294
Administering the Agreementp. 295
Grievance Proceduresp. 296
Causes of Grievancesp. 298
The Grievance Processp. 300
Representation of the Grievantp. 303
The Stewardp. 303
Union Duty of Fair Representationp. 304
Grievance Arbitrationp. 306
Arbitrabilityp. 306
Court Review of Arbitrators' Decisionsp. 307
Selection of the Arbitratorp. 308
Problems in Grievance Arbitrationp. 310
Standards for Arbitrator Decision Makingp. 312
Past Practicep. 313
Prior Bargaining Recordp. 313
Previous Arbitration Awardsp. 313
Other Considerationsp. 314
Grievance Procedures in Federal Employmentp. 314
New Directions in Grievance Handlingp. 316
Expedited Arbitrationp. 316
Alternative Dispute Resolutionp. 317
Grievance Mediationp. 317
Conclusionp. 319
Public Employee Unions in the Futurep. 323
Introductionp. 323
The Decline of Private Sector Unionsp. 323
Challenges for Public Employee Unionsp. 326
The Continuing Fiscal Squeezep. 326
Structural Challengesp. 327
Public Policy Challengesp. 329
Strategic Challengesp. 330
Opportunitiesp. 332
Labor-Management Cooperation and Participative Decision Makingp. 335
Advantages of Cooperationp. 336
Conditions Necessary for Successful Labor-Management Cooperationp. 338
The Future of Labor-Management Cooperationp. 340
Public Employee Unions in the 2000s: Conclusionp. 341
Referencesp. 343
Indexp. 367
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