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 Review Notes on  LU 16:  Public Sector Labor Relations
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  Syllabus 
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Outline on LU 16:  Public Sector Labor Relations
  
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 Public Sector Labor Relations   
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 Public Sector Unions   
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 Public Sector Laws   
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 Exec Orders   
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 Types of Public Sector Employees   
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 Public Sector Bargaining   
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 Public Sector Union Mgt Cooperation   
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 Public Sector Impasse Procedures & Fact Finding   
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 Public Sector Arbitration   
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 Public Sector Strikes   

 
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 Outline on  Public Sector Labor Relations
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  -  Project:  Differences btwn Public & Private Labor Relations 
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  -  Project:  Differences in Public & Private Unions & Bargaining 
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  Summary:  There are as many differences as similarities btwn labor relations in the public & private sectors 
1.  There are myriad levels of jurisdiction in the public sector:  city, county, state, fed, & other 
2.  There is a diverse customer grp as compared to the private sector 
3.  Settlement costs are always passed directly to customers & are not absorbed by a reduction in profits 
4.  Public employees are prohibited from striking
5.  The laws governing the public sector vary widely across jurisdictions 
6.  Fact finding is enhanced since the public sector is more transparent than the private sector 
7.  Administration has the power to change bargaining / labor relations rules, regs, & laws 
8.  Public opinion is more likely to influence public sector contracts & bargaining 
9.  Impasse resolution is more common & institutionalized in the public sector 
 
  1.  The pub sect consists of the myriad of levels & jurisdiction of govtl units including fed, state, county, municipal, & other govtl jurisdictions 
 
  2.  The customer grp affect by the outcomes in pub sect labor relations is much larger than in the private sect because it may affect all the citizens of a particular jurisdiction 
 
  3.  The settlement costs of pub sect labor relations are more likely to be directly passed on to customers, i.e. citizens, in the pub sect in the short run, than in the priv sect 
 
  Little collective bargaining occurred before the early 1960s, as compared to the middle to late 1930s for the private sect 
 
  4.  Pub sect labor relations differ concerning impasse procedures, since most pub sect wkrs are prohibited from striking, in that mediation & arbitration are more common that strikes 
 
  5.  While private sector laws are relatively uniform across the nation, pub sect labor relations vary widely across states, municipalities & all jurisdictions 
 
  6.  Fact finding is far more prevalent in the pub sect since they are often required by law to publish all financial info for all citizens to see 
 
  7.  Power varies in the pub sect labor relations in that in many cases, negotiations occur in small, local jurisdictions, while in other cases the entity may be a state, where the state legislature has the power to change rules & regs, or settling the dispute by passing a law 
 
  The legal env is critical in pub sect labor relations because mgt determines the scope of bargaining rights 
 
  8.  Public opinion influences the passage of laws related to pub sect labor relations or a particular dispute, but generally rights are more restrictive than in the priv sect 
 
  Legislation pertaining to pub sec labor relations is the most conducive to bargain in the industrialized North & East & is the least conducive in rural or southern areas 
 
  Right to work laws for the private sector influence the prohibition of union activity in the pub sect 
 
  Where bargaining is permitted, issues are much the same as in the private sector 
 
  Unionization varies, w/ AFSCME taking an industrial union approach & the uniformed services organizing on a craft approach   
  9.  Impasse resolution varies widely by jurisdiction & occupation   
  In the fed sector, the Fed Services Impasses Panel resolves disputes   
  In states providing for impasse resolution by statue, arbitrators usually handle uniformed services disputes   
  In other areas, fact finding, mediation, & other methods are prescribed & strikes are forbidden   
  Unions benefit from mandatory interest arbitration & strikes   
  Final offer selections may reduce reliance on arbitration, but arbitration becomes less common & as the parties gain experience over a period of yrs  

 
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 Outline on  Public Sector Unions 
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  Public sector unions are those which represent workers in fed, state, city, or county govt or public employees 
 
  Two of the biggest public sectors unions are the Service Employees International Union (SEIU), the American Federation of State, County, and Municipal Employees (AFSCME), but public sector employees are represented by other unions such as the Clerical Workers at Indiana University who are represented by the Communication Workers of America (CWA) 
 
  Many public sector employees such as teachers, police, & firefighters cannot form unions because it is illegal for them to strike; therefore, they often form associations such as the National Education Association (NEA) who conduct collective bargaining & other union functions for their employees 
 
  See Also:  Unions   
  By the 1970s, public sector unions were growing very fast 
 
  In the 1960s, less than one third of fed employees belonged to labor organizations, but by 2000 almost two thirds were union members 
 
  From the 1960s to the 2000s, union membership among state, county, & local employees increased from one to five million bringing the unionization rate among eligible govt employees above 40%, higher than any private sector industry 
 
  A majority of states now utilize final & binding arbitration for some or all state employees 
 
  Arbitration allows collective bargaining in the public sector WITHOUT the use of strikes that might disrupt public services 
 
  While it is illegal for many public employees to strike, when collective bargaining breaks down, they often conduct "sick outs" or work slowdowns 
 
  Not all states have laws recognizing state workers' rights to join unions & negotiate their conditions of employment 
 
There are FOUR types of nonfederal public sector labor orgs, including: 
1.  all public sector unions 
2.  mixed public & private sector unions 
3.  state & local associations 
4.  unions & associations representing uniformed protective services 		  
 
 Examples of all public sector unions include the Intl Assoc of Fire Fighters (IAFF) & the Fraternal Order of Police (FOP) 
 
  Examples of major mixed sector unions include the Service Employees Intl Union (SEIU) & the Teamsters   
  The Am Fed of State, County & Municipal Employees, (AFSCME) represents state & local unit wkrs   
  The Am Fed of Govt Employees (AFGE) represents fed wkrs   
  Postal service wkrs are represented by several national unions, such as the Am Postal Wkrs Union (APWU) & the National Assoc of Letter Carriers (NALC), but some postal unions have recently merged w/ larger primarily private sector unions   
  Because early on public wkrs did not have any unionization rights, many public sector bargaining units: 
-  began as profl assoc 
-  were involved in estbing standards 
-  were involved in estbing occupational licensing requirements 
-  lobbied for improved funding & facilities 
-  began as civil service assocs 
-  were involved in meeting & conferring w/ mgt 		  
  Some unions, like Ca State Employees Assoc (CSEA) are large enough o exercise pol influence through large blocks of voters   
  Assocs are most prevalent where laws forbid bargaining, but where legislative lobbying representing numerical strength is imp   
  Prof assoc are usually organized on occupational bases & have begun to bargain in response to unions who demand bargaining rather than the meet & confer tactic   
  Most nat unions, such as the Nat Ed Assoc (NEA)  bargain at state & local levels organize along a fed model   
 
 Because laws vary by state & even district, most bargaining by the NEA is done at local school board levels 
 
  Other state level services primarily involve lobbying & negotiating assistance   
  Public sector locals seldom need approval from the nat un for contract ratification & strikes   
  Membership in public sector unions increased in the 90s & 00s, while private sector union declined   
  About 40% of public sector wkrs are union members   
  Mgt resistance to unionization is lower in the public sector   
  Future unionization in the pub sect depends on the amt of growth of services in the pub sec, which declined in the Clinton admin, grew at unprecedented rates during the Bush Jr admin, & had significant declines during the Obama admin   
  While privatization has slowed the growth of the public sector, much reduction of fed level services has transferred to the state level, & the general trend is toward growth   
  Duty to bargain laws have the greatest effect in increasing pub sect unionization   
  Pub sect un have a strong interest in promoting soci programs, ed,  municipal services, & uniformed protection because it increases employment & because these wkrs understand the efficacy of such growth   
  Pub sect un have success by linking bargaining issues /w the broader concerns of the public, such as smaller class sized & their relationship to ed outcomes, or the fact that the greatest asset to public safety is more police on the streets, or the type of welfare system that is needed to break the welfare cycle, or the effectiveness & ineffectiveness of proper & improper regulation of industry   
  Active support of candidates at the state & local level is a powerful tool for public sect unions   
  Pub sect unions support those candidates who are sympathetic to pub sect un interests, which is also helpful during negotiations   

 
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 Outline on  Public Sector Labor Law
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  Fed govt wkrs have been involved in union activities since the 1830s
 
  The fed govt did not oppose union activities until the 1880s when postal wkrs organized
 
  Before the Lloyd LaFollette Act, fed wkrs were forbidden to lobby Congress about employment conditions
 
  Union actions increased in the 1930s, but FDR asserted that col bargaining was not possible in the fed sector because of the many structural obstacles that do not exist in the private sector such as: the necessity of public services, the fed govt having the role of both the employer & the legislature, etc.
 
  In the 1960s, a bill to allow collective bargaining for fed wkrs was pending in Congress when JFK preempted the law w/ EO 10988
 
  See Also:  EO 10988
 
  EO 10988 enabled unions for fed wkrs w/in a unit to negotiate a contract covering only nonecon & nonstaffing issues
 
  Under EO 10988 other labor orgs representing less than a majority but more than 10 % of wkrs in a unit are entitled to consultation but cannot negotiate contracts
 
  Arbitration of grievances are allowed, but is advisory to agency heads rather than binding
 
  Most wkrs are entitled to be  organized, except mgrs & nonroutine personnel wkrs
 
  CIVIL SERVICE REFORM ACT, TITLE VII
 
  In Jan 1979, under Pres Carter, the EOs of JFK, Nixon, & Ford were supplanted by the Fed Service Labor Mgt Relations Act (FSLMRA)
 
  The FSLMRA applied to fed agencies except the Post Office, which is covered under Taft Hartley, the FBI, the NSA, the CIA, the GAO & agencies such as the NLRB which deal w/ fed wkr labor relations
 
  See Also:  The Taft Harley Act  
  The FSLMRA created the Fed Labor Relations Authority (FLRA) which dealt w/ representation & unfair labor practices (ULP)  
  The Fed Mediation & Conciliation (FMCS) assists agencies involved in bargaining impasses,   
  Unresolved  impasses are referred to the Fed Services Impasses Panel (FSIP)  
  The FSIP deals w/ about 200 to 300 nonecon cases per year  
  Bargaining rights are limited for fed wkrs  
 
 Fed wkrs cannot bargain on wages & benefits, participation in political activities, position classification, missions or budgets of agencies, hire or promotion, or subcontracting  
  Fed wkrs may consult in these areas & may bargain on them if the agency allows  
  Fed labor orgs cannot advocate or use strikes, & unauthorized strikes may lead to decertification & discipline of members  
  Picketing is also unlawful if it disrupts an agency's activities  
  Grievance procedures must be included in the contracts & must provide for binding arbitration of unresolved issues  
  The FLRA may review appealed arbitration awards & set them aside if they conflict w/ laws, rules or regs  
  Fed level ULPs include those in the private sector except that employers & unions must permit 3rd party impasse interventions  
  Unions may not call strikes, wk stoppages, or slowdowns  
  If ULPs occur, the FLRA may issue cease & desist orders, require renegotiation of agreements, reinstate wkrs w/ back pay, or take other actions  
  When the Dept of Homeland Security (DHS) was created after the 9/11 attacks, it contained several unionized units, but they lost some of their labor rights & thus the DHS has more power over such agencies as the INS in labor relations than it had before  
  STATE LABOR LAWS  
  Public Sector labor relations vary widely among the states w/ several having to public sector labor law, some prohibiting some occupations from bargaining, & most prohibiting strikes  
  Where states do have labor law, it follows Taft Hartley procedures, except for strike prohibition  
  Public sector labor relations mirrors privates sector labor relations in that the states w/ the heaviest private sector Labor influence generally have the most public sector Labor influence  
  Unlike the private sectors, some states allow supervisors & mgrs to be organized, be covered under labor contracts, bargain, etc.   
  Many states have estbed 'mini NLRBs,' i.e. public sector public employee labor relations boards to act in the same role as the NLRB  
  The requirement for compulsory arbitration for negotiation impasses for some employee grps reduces dispute costs, but increases wages  
  Lower dispute costs & higher wages are generally seen as a benefit to the public because it reduces the disruption of services such as sanitation, policing, & ed  
  Pro public sector labor law is more likely to be passed where:
-  public sector wages are low
-  larger proportion of non white public wkrs
-  favorable political climate
-  pro public sector labor laws in neighboring states		  
  Pro public sector labor law is less likely to be passed where:
-  mgt opposition is strong
-  there is legislative opposition
-  the legislature is dominated by a single party		  
  Public sector employers are both mgrs & legislators & thus they both negotiate the contract & set the laws under which negotiations take place  
  Legislators are elected by the voters who are the customers for the services provided by the states  
  The outcomes of negotiations influence legislative changes  
  Research shows that states make changes in public sector labor law depending on the difficulties labor or mgt had in negotiations  
  JURISDICTION & EMPLOYEES  
  In the private sector only ag wkrs, domestic wkrs, supervisors & mgrs are exempt from unionization  
  In the public sector many types of employees are exempt from unionization  
  In the public sector all wkrs in some political jurisdictions, such as a particular city or region are exempt from unionization  
  SOURCES OF EMPLOYMENT  
  In some states, wkrs who are in the Civil Service System (CSS), i.e. are political appointees, are exempt from unionization even though political party membership only offers wkrs very limited wkplace protections  
  LEVELS OF GOVT  
  Large differences exist in the size & nature of bargaining jurisdictions  
  In most states, there are a variety of lesser jurisdictions & semiautonomous agencies  
  Examples of jurisdictions range from a statewide university system which is autonomous from legislative governance to counties, cities, school boards, sewer districts transportation authorities, & so on  
  Each govtl jurisdiction is responsible to a different constituency & dependent on a different source of funding  

 
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 Outline on Labor Executive Orders
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  EO 10988    1962    President JFK 
 
  EO 10988, 1962, by President JFK, held that:  
  -  unions may bargain w/ govt agencies
 
  -  Labor is allowed to organize public sector employees  
  -  collective bargaining issues may include terms & conditions of employment, but NOT wages
 
  -  govt unions could not represent workers who advocated strikes or rights to strike
 
  -  grievance procedures may be established, but the final determination lies w/ the govt
 
  EO 10988 was codified into the Amended Taft Hartley Act in 1974  
  EO  11491    1970   President Nixon
 
  Modified EO 10988
 
  EO 11491, 1970, by President Nixon, held that:  
  -  the secret ballot for union recognition must be used
 
  -  unions must be in compliance w/ the Landrum Griffin Act  
  -  arbitration as final settlement for grievance may utilized
 
  -  unfair labor practices shall be delineated
 
  -  an impasse panel is authorized to issue decisions when a contract cannot be agreed upon
 
  -  the no strike clause may be relaxed on a case by case basis
 
  -  the Federal Labor Relations Council shall review & comment on the status of labor relations in the fed sector
 
  EO  11616   President Nixon    1971
 
  EO 11616, 1971, by President Nixon, held that:  
  -  professional wkrs in govt agencies shall have the option to join a bargaining unit
 
  -  there shall be a choice of grievance resolution procedures
 
  EO  11838   President Nixon    1974  
  EO 11838, 1974, by President Nixon, held that:   
  -  bargaining units shall be consolidated   
  -  other Labor related 'housekeeping chores' shall be institutionalized  

 
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 Outline on the  Types of Public Sector Employees
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  State labor laws have different provisions for wkrs by occupation & jurisdiction, such as teachers, police, fire fighters, state wkrs, & local wkrs
 
  Major differences exist among states & across wkr grps w/ respect to collective bargaining rights & restrictions
 
  TEACHERS
 
  Teacher bargaining applies mostly to elementary & secondary public school teachers
 
  Most states which permit bargaining for teachers 
-  allow exclusive recognition by a majority union
-  require both employer & union to bargain
-  have defined impasse procedures
-  form mediation & fact finding procedures
-  prohibit strikes
 
  Some states allow strikes when school districts refuse to arbitrate at a bargain impasse
 
  For teachers the right to strike is associated w/ an 11% increase in wages & 37 min less time in the wk day
 
  Fact finding & voluntary arbitration rights have little effect on wages or hrs
 
  POLICE
 
  Uniformed officers of cities or counties are covered by police statutes
 
  Most states permit col barg for police & allow exclusive union representation
 
  There is a mutual duty on the union & the employer to bargain, but some only allow the union to confer
 
  Most laws require mediation or fact finding at impasse, & many require arbitration if no agreement is reached
 
  FIREFIGHTERS
 
  The Intl Assoc of Fire Fighters (IAFF) is one of the oldest public sector unions  
  Most states recognize union exclusivity of representation & require a mutual duty to bargain  
  Fire fighters are forbidden to strike (except in ID)  
  There is a mutual duty on the union & the employer to bargain, but some only allow the union to confer  
  Most laws require mediation or fact finding at impasse, & many require arbitration if no agreement is reached  
 
 STATE EMPLOYEES
 
  In general, fewer states permit state wkrs to bargain than for special occupations such as teachers, police, & firefighters  
  Where permitted, there is a mutual duty on the union & the employer to bargain, but some only allow the union to confer  
  Where permitted, most laws require mediation or fact finding at impasse, & many require arbitration if no agreement is reached  
  LOCAL EMPLOYEES  
  Like state wkrs, fewer states permit state wkrs to bargain than for special occupations such as teachers, police, & firefighters  
  More states permit strikes for local wkrs than for other classifications  
  In those states that forbid strikes, enforcing the prohibition is difficult  
  Generally, when public wkrs strike, mgt rarely takes legally permissible steps to end strikes & legally mandated reprisals, such as firings, are infrequently invoked  
Link
 The Table  Provisions of State Labor Laws by Occupational Group shows that in general police, fire, state wkrs, teachers, & municipal wkrs have varying rights to bargain, negotiate, strike, mediate, etc.   
  THE MILITARY  
  No one in the military is allowed to unionize, bargain, strike, etc.  
  FED WKRS  
  Fed wkrs generally have the same rights as state wkrs in that some are allowed to form associations, bargain, fact find, mediate, arbitrate, etc., but not strike  

 
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Table Provisions of State Labor Laws by Occupational Group
JF 0916
Duty to Bargain
State
Police & Fire
State Wkrs
P/S Teachers
Municipal
California Meet & Confer Meet & confer Mutual duty Meet & confer
DC Mutual duty no wkrs Mutual duty Mutual duty
Idaho Mutual duty No Mutual duty No
Kentucky Mutual duty for firefighters No No No
Massachusetts Mutual duty Mutual duty Mutual duty Mutual duty
Montana Mutual duty Mutual duty Mutual duty Mutual duty
South Dakota Mutual duty No Mutual duty Mutual duty
Tennessee No No Mutual duty No
Texas Mutual duty by local option No No No
Virginia No No No No
The Table: Provisions of State Labor Laws by Occupational Group shows that w/ reference to bargaining, states vary by occupations of police, fire, state wkrs, teachers, & municipal wkrs along the dimensions of no duty to bargain, meeting & conferring, or a mutual duty to bargain
Permissibility of Strikes & Impasse Resolution Procedures
State
Police & Fire
State Wkrs
P/S Teachers
Municipal
California No Provision Strikes allowed, mediation Strikes allowed, voluntary fact finding Mediation
DC Strikes prohibited, final offer arbitration whole package on econ, issue by issue on others No state wkrs Strikes prohibited; final offer arbitration; whole package on econ, issues by issue on others Strikes prohibited; final offer arbitration; whole package on econ, issues by issue on others
Idaho Strikes allowed; mandatory fact finding No bargaining Strikes prohibited; voluntary fact finding No bargaining
Kentucky Strikes prohibited; voluntary fact finding No bargaining No bargaining No bargaining
Massachusetts Strikes prohibited, arbitration Strikes prohibited; mandatory fact finding; voluntary arbitration Strikes prohibited; mandatory fact finding; voluntary arbitration Strikes prohibited; mandatory fact finding; voluntary arbitration
Montana Strikes allowed; arbitration Strikes allowed; mandatory fact finding; voluntary arbitration Strikes allowed; mandatory fact finding; voluntary arbitration Strikes allowed; mandatory fact finding; voluntary arbitration
South Dakota Strikes prohibited w/ discipline; mediation Strikes prohibited w/ discipline; mediation Strikes prohibited w/ discipline; mediation; final resolution by legislative body Strikes prohibited w/ discipline; mediation
Tennessee No bargaining No bargaining Strikes prohibited & may be ULP; mandatory fact finding No bargaining
Texas Strikes prohibited w/ discipline; arbitration No bargaining No bargaining No bargaining
Virginia No bargaining No bargaining No bargaining No bargaining
The Table:  Provisions of State Labor Laws by Occupational Group shows that w/ reference to striking & impasses, states vary by occupations of police, fire, state wkrs, teachers, & municipal wkrs along the dimensions of no bargaining, no strikes, strikes allowed, fact finding either allowed or not allowed, mediation either allowed or not allowed, or arbitration either allowed or not allowed

 
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 Outline on  Public Sector Bargaining
External
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  -  Project:  Differences in Public & Private Unions & Bargaining 
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  BARGAINING RIGHTS & ORGANIZING 
 
  Due to the variety of types of representative units involved & to the wide period of dates when organizing involved, firms often bargain w/ several unions 
 
  Barg units are not as inclusive as in industry, & are more akin to the bldg trades in construction 
 
  In a particular geog area, pub wkrs' union bargain w/ a variety of agencies such as in a city, unions may have to barg w/ local govts, school boards, transit authority, sewer district, public utilities, etc. 
 
  Each of these authorities has autonomous powers to bargain, tax, make rules, provide services, etc. 
 
  Separate bargaining units exist w/in each govtl authority 
 
  The diversity of govtl authorities makes whipsawing an unsophisticated mgt possible, but may ultimately result in higher taxes which may bring legislative actions or taxpayer referendums into play 
 
  Barg unit in the pub sect depends on what state law allows, & the interests of the unions 
 
  From the pub authority pt of view, barg unit scope is limited by the extent of the taxing authority 
 
  BARGAINING STRUCTURES 
 
  Bargaining is more fragmented in the pub sect than in the priv sect because: 
 
  -  there are relatively narrow govtl jurisdictions 
 
  -  legislation imposes different rules on various jurisdictions & occupations 
 
  Various public jurisdictions have varying rules on recognition, bargaining, impasses, & strikes 
 
  Multi employer bargaining has occurred in public schools in some regions of a few locales such as IL , East San Fran, & Portland, OR   
  In MI teacher unions have enforced regional patterned bargaining which led to legislation prohibiting higher level union approval of contracts   
  MGT ORGANIZING FOR BARGAINING   
  Unlike the private sector, the public sector has an ambiguous mgt structure   
  While top policy makers are elected, operating mgrs are career civil servants   
 
 If there is a major change in elected officials, their new policies may come into conflict w/ the entrenched policies of the civil servants 
 
  Mgrs may have their own bargaining units   
  Although appointed mgrs may be directly responsible for negotiations, elected officials can pressure them to modify positions toward the union   
  Intraorganizational bargaining may be intense btwn levels of mgt in public sector negotiations   
  Barg structure become centralized to gain budgetary control & coordinate barg w/in a labor relations office having responsibility for col barg agreements   
  MULTILATERAL BARGAINING   
  Unlike the private sector, pub sec wkrs indirectly influence mgt because: 
-  they vote 
-  their union may align w/ a candidate 
-  many voters use the services of the pub sec 		  
  Elected officials who were endorsed, or not by pub wkrs, may choose to influence negotiations   
  The influence of pub sec wkrs on mgt makes pub sec bargaining multilateral, w/ pub officials developing negotiations positions or pressuring appointed mgrs to make or avoid concessions   
  Mgrs continue, regardless of who is elected, but the philosophy of elected officials changes depending on who wins the election & appointed mgrs must be responsive to new phils or risk losing their jobs   
  Multi lateral barg occurs when more than 2 grps w/ interest in the outcome are engaged simultaneously   
  Multi lateral barg occurs more frequently when 
-  there is conflict  among mgt bargainers 
-  the union is pol active 
-  the union attempts to use a variety of impasse procedures 		  
  Multi lateral barg activities involve:   
  1.  pub officials attempting to influence negotiations   
  2.  union reps discussing contract terms w/ mgrs who are not on the barg team   
  3.  community interest grps involvement   
  4.  city officials not implementing the agreement   
  5.  mediation attempts by elected officials   
  From research on urban firefighters, multi lateral barg was related to:   
  1.  general conflict among city officials   
  2.  union political pressure tactics   
  3.  union impasse pressure tactics  
  4.  mgt commitment to col barg   
  In the pub sec, multi lat barg /\ w/ the age of the barg relationship but comprehensiveness of state laws & experience of mgt had little impact   
  Cities were more likely to permit bargaining if they had: 
-  high union membership 
-  unions endorsing police & firefighter position 
-  coop btwn police & firefighters 		  
  Cities were more likely to deny bargaining if they had: 
-  active business opposition 
-  active opposition by elected officials 
-  active opposition by an ad hoc grp 
-  a concurrent city election 		  
  Both the ability to barg & barg outcomes may be influenced multi laterally   
  Research indicates positive outcomes for public employees from bargaining if they had:   
  1.  fact finding or compulsory arbitration at impasse   
  2.  state barg law comprehensiveness 
 
  3.  hi mgt negotiator decision mking power   
  4.  city council negotiator goal incompatibility   
  5.  elected official intervention at impasse   
  For firefighter barg, fact finding & state barg law constitute the legal env   
  For firefighter barg, mgt negotiator power & city council negotiator goals constitute the pol env   
  The scope of pub sect barg law reflects the wealth of a state where comprehensive laws & a greater ability to pay positively influence barg outcomes   
  Comprehensive law 
-  legitimizes unions 
-  reduces mgt costs of recognition 
-  legally decreases mgt's use of contract rejection & similar tactics 		  

 
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 Outline on  Public Sector Union & Mgt Cooperation
External
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  UNION & MGT COOPERATION HAS DEVELOPED FOR THE SAME REASONS IT DEVELOPED IN THE PRIVATE SECTOR: TO INCREASE EFFICIENCY IN THE INCREASINGLY COMPLEX WKPLACE  
  Because the pub sect has experienced some of the same envl changes of deindustrialization, outsourcing, globalization, & technology, the pub sect has turned to various forms of wkplace democ to increase efficiency 
 
  There is increasing electoral interest in increased efficiency & offering more choice, esp in pub ed 
 
  In some jurisdictions, some pub services, such as sanitation, have been privatized 
 
  In some jurisdictions, un mgt coop programs have developed to increase efficiency while maintaining public provisions of services 
 
Link
 The Figure:  Union Impact on Supervisory Policy Usage demonstrates that unions have an impact on labor mgt relations, supervisory policies, & the supervisor's perception of unions 
  During the 90s, the Clinton admin required fed agencies & the unions that represented their wkrs to work toward cooperation & partnership 
 
  Barg options for unions in the fed sector are limited, but even w/ that constraint, a study of mgrs & union reps found modest perceived improvement in lab mgt relations following the Clinton cooperation mandate 
 
  UNION & MGT COOPERATION IN THE INDIANAPOLIS PUBLIC SECTOR DEVELOPED TO INCREASE EFFICIENCY, UNDER THE THREAT OF PRIVATIZATION AS INITIATED UNDER REAGANISM
 
  When the mayor of Indianapolis was elected, he intended to privatize as many city services as possible, i.e. transfer delivery of services to private contractors 
 
  Since Indianapolis was in competition w/ neighboring cities for both business & residents, raising taxes to pay for improved service was not an option 
 
  Mayor Goldsmith believed that mkt forces & competition would be more efficient than what he & his staff called govt monopoly 
 
  The mayor found that improving service delivery through privatization because the inefficiency of public or private monopolies was not as effective as improving labor mgt cooperation 
 
  The mayor treated city depts as businesses & gave wkrs a voice in cost cutting 
 
  The depts were able to offer competitive bids & often won them despite competition from private businesses 
 
  City wkrs bid for new work & work that was previously contracted 
 
  Structured, cooperative relationships pervading city operations are the unsung heroes of service cost improvement   
  Where the union wkrs have bid, public wkrs have won the bulk of the contracts   
  Mayor Goldsmith said, "I underestimated what they [city wkrs] could do if we unloaded the bureaucracy off the top of their heads."   
  AFSCME leadership viewed the competition as a way to help eliminate the myth that the private sector always is more efficient than the pub sect   
  The use of the private sector as a yardstick w/ which to measure themselves both improved the efficiency of the pub wkrs & provided proof that they were indeed more efficient   
  Some analysts found that the Indianapolis pub wkrs doubled their productivity in some sectors   

 
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Figure: Union Impact on Supervisory Policy Usage
 
 

The Figure:  Union Impact on Supervisory Policy Usage demonstrates that unions have an impact on labor mgt relations, supervisory policies, & the supervisor's perception of unions

 
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 Outline on  Public Sector Impasse Procedures & Fact Finding
External
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  IMPASSE PROCEDURES ARE DESIGNED TO HELP MGT & UNIONS OVERCOME ANY DEADLOCK IN NEGOTIATIONS 
 
  Because pub sect wkrs are often prohibited to strike, at impasse many situations may occur including: 
-  sick outs
-  mediation 
-  fact finding 
-  interest arbitration 
-  legal or illegal strikes 
-  legislative body mandating an agreement 
-  work continued under terms of the expired contract 
 
  Envl factors related to impasse include: 
-  legal context 
-  size of the city 
-  political context 
-  economic context 
-  previous impasse experience 
-  percentage of local electorate voting Democratic 
 
Link
 The Figure:  Determinants of Impasses demonstrates that envl factors, structural orgl factors, interpersonal / personal factors, & bargaining history all impact the possibility & impact of an impasse  
  Structural vars related to impasse include
-  bargaining structure
-  union characteristics
-  union pressure tactics
-  mgt characteristics
-  internal mgt conflict
-  pressure on union leaders
-  adherence to pattern settlements
-  lack of authority for mgt negotiators
 
  Interpersonal & personal factors related to impasse include:
-  hostility
-  attitudes of parties to each other
-  mgt negotiator characteristics
-  lack of mgt negotiator skills
-  lack of union or mgt in house negotiators
-  mgt negotiation experience
-  union negotiators characteristics
 
  Negotiations which require formal procedures at or beyond fact finding were more likely 
-  in large cities
-  w/ higher starting salaries
-  w/ previous impasse experience
-  when union pressure tactics were used
-  when mgt negotiators had little authority
 
  FACT FINDING IS THE PROCESS, SIMILAR TO DISCOVERY IN THE COURT SYSTEM, WHERE MGT & UNIONS REVEAL, EXPLORE, ETC. INFO RELATED TO THE NEGOTIATIONS TO HELP OVERCOME AN IMPASSE 
 
  Fact finding (FF) FFing began in the private sector through FF Boards (FFB) which were created by the Taft Hartley & the Railway Labor Acts
 
  FFing is much more common in the public sector than in the private sector
 
  In the private sector the FFer's role is to estb a reasonable position for settlement by studying the context & issues & then issuing a report on that study
 
  The end result of FFing in the private sector is the publication of the disputed issues & a recommended settlement
 
  The FFer's report is intended to galvanized pressure to settle based on a factual conclusion
 
  FFing often economizes time in that it gets the issues out in the open thus reducing continual negotiating over minor pts that are out of sight of the public & outside observers
 
  The role of FFing by a legislature in the public sector, where the parties are the unions, mgt, & the legislative body responsible for mgt, is not appropriate because they are involved in the dispute
 
  A party involved in a negotiation should not be a FFer  
  In the pub sec, the FFer's role is to educate the public about the costs of a reasonable settlement  
  FFing many be sought by parties fearing adverse pub opinion if they bargain a settlement because it gets the info pertaining to the open  
  A FFer may recommend something similar to a negotiated settlement, but "facts" from a neutral party may seem more reasonable  
  THE FACT FINDER IS REQUIRED BY LAW TO ESTB A BALANCED SOLUTION IN LIGHT OF THE FACTS DISCOVERED   
  FFing can be initiated by any party at impasse, or if one party refused to bargain  
  Many times FFing is preceded by mediation which did it's own FFing, but did not generally make it public  
  Like mediation, the parties are not obligated to accept the FFing recommendation, but the offer is in the public realm  
  FFing is less successful than other methods of dispute resolution once impasse has been reached  
  In some cases the mediator & the FFer is the same person  
  Where the roles of mediator & FFer were split btwn different people, there was increased success for resolution of the dispute  
  FFing results in a greater gap btwn final offers being made to the FFer  
  THE CRITERIA FOR FACT FINDING RECOMMENDATIONS OFTEN FOCUSES ON WAGES & OTHER ECON INFO AS WELL AS PRODUCTIVITY, COST OF LIVING, ETC.   
  FFing is usually concerned w/ wage comparisons & other economic issues including the ability to pay  
  Some FFers decide what the wage settlement would have been if the union were permitted to strike  
  Productivity, cost of living issues, & other non econ issues were often raised by the parties in the negotiations, but were seldom mentioned by FFers  

 
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Figure: Determinants of Impasses

The Figure:  Determinants of Impasses demonstrates that envl factors, structural orgl factors, interpersonal / personal factors, & bargaining history all impact the possibility & impact of an impasse

 
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 Outline on  Public Sector Arbitration
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  ARBITRATION IS A DISPUTE RESOLUTION PROCEDURE IN WHICH A NEUTRAL 3RD PARTY HEARS THE POSITIONS OF THE PARTIES & RENDERS A DECISION BINDING ON BOTH 
 
  The arbitrator draws his or her power from the agreement of the parties to abide by the decision and/or the creation of the position in a contract to handle any disputes arising under the contract   
  Some govtl jurisdictions require arbitration at impasse
 
  Arbitration is more common in the uniformed services & are considered a quid pro quo for not granting the right to strike
 
  W/ arbitration at impasse, the union does not face mgt unilaterally w/ the assumption that past contract terms will continue
 
  Some laws allow interest arbitration as a means for settling impasses
 
  Arbitrators are selected in the same way that private sector ad hoc rights cases arbitrators are chosen
 
  The arbitration hearing procedure is similar to private sector arbitration in that both sides present evidence supporting their positions, & the arbitrator determines the contract on the basis of the evidence & whatever criteria are to be used for the award
 
  The less info the parties have about the arbitrator's decision making tendencies, the more likely they are to avoid an impasse & settlement on their own
 
  THE INTEREST ARBITRATION VARIANTS INCLUDE MAKING A FAIR, BUT UNEQUAL DECISION, SPLITTING THE DIFFERENCE, AWARDING ONE SIDE A CLEAR VICTORY, OR SOME OTHER MIX 
 
  Several public sector interest arbitration methods are used
 
  An arbitrator hears a case & determines an approx settlement
 
  Bargaining is often chilled because each side believes the arbitrator will split the difference, unless the sides are experience, in which case they understand that splitting the difference is only one possibility
 
  The chilling effect of the fear of splitting the difference is called the narcotic effect
 
  Under the narcotic effect, each side tries to estb a position whereby they may accept splitting the different, & when they do, they go to impasse
 
  Inexperienced, weak arbitrators may tend to split the difference, but an experienced, neutral arbitrator will not  
  The narcotic effect is demonstrated by the fact that states w/ arbitration see negotiations go to impasse more frequently than states w/o arbitration  
  FINAL OFFER ARBITRATION (FOA) IS THE LAST OFFER BEFORE ARBITRATION WHICH SEEKS TO END THE NEGOTIATION W/ AN AGREEMENT   
  FOA is used to reduce the use of arbitration; i.e. it is a "medicine" to cure parties from using arbitration  
  In FOA, each party presents its positions, w/ the arbitrator required to choose one of the positions w/o modification  
  Final positions, w/o modification, may result in an extreme contract that the loser would do anything to avoid in the future  
  Some areas opt for entire package approaches while others use issue by issue methods  
  Entire package selections increase the need to make a reasonable final offer submission because one unreasonable position in an otherwise reasonable package may tip the arbitrator's preferences toward the other party  
  W/ FOA on an issue by issue basis, more unresolved issues reach the arbitrator  
  Arbitrators appear to give equal weight to wage & non wage issue in fashioning reward  
  Interest & rights arbitration differ in that many contracts & statues permit parties to alter final offers & to settle after the process begins  
  Since public sector interest arbitration is often conducted before a tripartite board of labor, mgt, & a neutral party, participants know sense the direction the neutral party appears to be leaning  
  In arbitration, when parties sense the direction of the discussion, they may concede an issue rather than lose entirely  
  THE RESULTS OF FINAL OFFERS ARE MIXED; PARTIES USE FINAL OFFERS TO PRE POSITION FOR ARBITRATION, BUT ARBITRATORS ARE AWARE OF THIS TACTIC & SO TRY TO COMPENSATE   
  FOA can be evaluated by examining when parties accept & comply w/ awards & whether the process chills or encourages future bargaining  
  Michigan (MI) uses issue by issue final offers for econ issues & conventional approaches for other issues  
  Neither FOA nor conventional approaches have affected FOA frequency in the uniformed services but there has been a slight tendency for sheriff negotiations to use the procedure more than police or fire  
  Police FOAs are more freq in large cities where there are more police per capita, & where lower property values created a decreased ability to pay  
  In Wisconsin (WI) a package type FOA does not support the idea that arbitration used declines in a package selection env  
  FOA use decreases when mgt wins & the relative use of arbitration is less than issue by issue states  
  When an arbitrator is appointed, negotiators in WI public teacher negotiations engage in strategic behavior in half of the cases, & the parties either negotiated an agreement or accepted a settlement  
  Arbitrators appear to compare settlements from other schools in the same athletic conference from agreements  
  Parties that used arbitration in the previous round & lost, made better offers to their opponents in the next contract round  
  Parties that used arbitration in the previous round & lost, had lower variance in settlements w/ a wage structure that was closer to the settlement imposed in the last negotiation  
  MA uses FOA & after its passage, arbitrations increased 70% w/ 40% of negotiations going to impasse,, but w/ only 7% going all the way to FOA  
  Arbitrators awards paralleled fact finders reports issue earlier in the impasse  
  NJ bargainers can use any of several types of impasse resolution including: 
-  conventional arbitration
-  FOA on a single package
-  FOA on an issue by issue basis
-  FOA on the econ package & issue by issue on others
-  two forms of fact finding		  
  Fewer negotiations have arbitrated settlements, & arbitrators are acting more frequently in mediating roles  
  The evidence suggests that states w/ issue rather than package approaches have more arbitrations & more issues going before arbitrators  

 
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 Outline on  Public Sector Strikes
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  Most states prohibit public wkr strikes & have injunction & penalty provisions if they occur
 
  The right to strike exists in AK, HA, ID, MN, OR, PN, VT, & WI
 
  Historically the rationale for prohibiting strikes has been that it has always been prohibited & because it was believed that disruption of pub wkr services would be too great of a cost for society to bear
 
  While the rationale against police, fire, EMS, & some other services is indeed critical, usually wkrs in these areas maintain critical services, but refuse to perform day to day tasks
 
  While pub sect strikes are forbidden, prohibition & implementation of penalties are difficult
 
  Historically, legally permissible steps to end pub sect strikes are not often taken & statutorily mandated reprisals, such as discharges, are not often invoked
 
  The incidence of strikes in the pub sect are low in that 42 % of union members are in the pub sect, but only 20% of the strikes occur there & only 12 % of the days lost
 
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 The Table:  Major Public Sector Strikes by Employer & Occupation shows that strikes by teachers make up over 2/3s of all pub sect strikes & that critical services such as police & fire are very low
 
  Most pub sect strikes 
-  occur at the local level 
-  are by teachers,
-  have the most days lost by teachers
-  have the longest strikes by teachers
 
  While teachers have the most strikes, they are of very low cost to the pub because usually missed days are made up by shortening school breaks
 
  The strength of a teacher strike is influenced by:
-  the salaries of neighboring locale's teachers
-  variation in comparison salaries
-  the unemployment rate
-  the average income, i.e. ability to pay, of citizens
-  % of teachers w/ master's degrees
-  school days not rescheduled
-  the history of cooperation or conflict w/ the school board
 
  For police, strikes occur less in jurisdictions w/ col barg & arbitration to settle impasses
 
  Strikes are more frequent where they are legal or not prevented
 
  Enforced penalties or threats of firing reduce the frequency of strikes
 
  Strikes decline w/ both length of experience of the negotiators, & the equality of their experience level  
  Where strikes are banned, grievance rates are higher, esp on econ issues  
  If wage increases & cost of living increases are up in the private sector, then strikes are more common in the pub sect  
  Fiscal restraint in the pub sect increases the amt of strikes  
  Most strikes by teachers, who implement over 2/3s of all pub sect strikes, are defensive in nature in that they are used to maintain a position or to reverse erosion  
  No strike laws have the unintended consequence of moving negotiations rapidly to impasse  
  W/o the threat of a strike or arbitration, parties are less likely to provide info, adjust expectations, bargain in good faith, or provide catharsis for the parties  

 
 
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Table: Major Public Sector Strikes by Employer & Occupation 
Number
%
All Employers
78
100
Board of Education
52
67
University
7
9
Utility
6
8
County
4
5
State
4
5
City
3
4
Transit
1
1
Welfare
1
1
All Occupations
78
100
Teacher
55
71
Blue collar
14
18
State/ comprehensive
3
4
Hospital/comprehensive
2
3
Nurse
1
1
Police & fire
1
1
Social work
1
1
Unknown
1
1
The Table:  Major Public Sector Strikes by Employer & Occupation shows that strikes by teachers make up over 2/3s of all pub sect strikes & that critical services such as police & fire are very low
Source: R. Hebdon, "Public Sector Dispute Resolution in Transition," in D. Beiman, M. Gunderson, and D. Hyatt, eds., Public Sector Employment in a Time of Transition (Madison, WI:  Industrial Relations Research Assoc., 1996), p. 90.

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