Collective Bargaining in the Public Sector: The Experience of Eight States
The Experience of Eight States
Unlike Europe, where most public sector workers have long been included in collective bargaining agreements, the United States excluded public employees from such legislation until the 1960s and 70s. Since then, union membership in the U. S. has grown more rapidly among public workers than among workers in the private sector. This book provides up-to-date information on public sector collective bargaining in the United States today. The editors' seek to understand the real nature of PSB by examining eight states where the action is taking place -- California, Hawaii, Illinois, Michigan, New Jersey, New York, Pennsylvania, and Wisconsin. The chapters offer unique case studies of legal origins, developments, and challenges to collective bargaining; negotiations experience and outcomes; discussion of legislation; and emphasis of histoical development as well as current practice.
Table of Contents
1. INTRODUCTION AND OVERVIEW Joyce M. Najita and James L. Stern Introduction Extent of Organization and Representation The Law of Public Sector Bargaining Scope of Bargaining Right to Strike Impasse Resolution/Interest Arbitration Grievance Arbitration Concluding Thoughts 2. JUDICIAL REVIEW AND LEGISLATIVE RESPONSE: THE NEW JERSEY PUBLIC SECTOR COLLECTIVE BARGAINING EXPERIENCE Joan Parker Jurisdiction Representation Unfair Practices Scope of Negotiations Mediation and Factfinding Interest Arbitration Grievance Arbitration Conclusion 3. GRIEVANCE AND INTEREST ARBITRATION IN PENNSYLVANIA'S PUBLIC SECTOR Joan Parker Act 195 Jurisdiction Representation Issues Scope of Bargaining Dispute Resolution Dispute Resolution-Act 88 Grievance Arbitration Act 111 Jurisdiction Representation Questions Dispute Resolution Grievance Arbitration Conclusion 4. INTEREST ARBITRATION AND MUNICIPAL EMPLOYEE BARGAINING-THE WISCONSIN EXPERIENCE William C. Houlihan Legislative Background Bargaining Units and Representation The Impact of Interest Arbitration Organizing The Changed Nature of Bargaining Municipal Employment Relations Act Impasse Procedure under MIA (Police and Firefighters Except Milwaukee Police) Impasse Procedure under MERA (MED/ARB and INT/ARB) Impasse Procedure Covering Milwaukee Police Law Enforcement Employees of the Milwaukee Police Department Police and Fire Arbitration Experience under MIA Municipal Employees Arbitration Experience under MERA Teachers and the QEO The Narcotic Effect, Issues, and Comparables Conclusion 5. PUBLIC SECTOR COLLECTIVE BARGAINING IN MICHIGAN: LAW AND RECENT DEVELOPMENTS Gregory M. Saltzman and Shlomo Sperka Evolution of Michigan's Public Sector Bargaining Policy Extent of Unionism Strike Experience Scope of Bargaining under PERA Mediation and Factfinding Act 312: Compulsory Interest Arbitration for Police and Firefighter Units Act 112: Legislative and Judicial History Act 112 and Strikes Act 112 and the Scope of Bargaining Act 112: Other Provisions and Effects Proposal A: A Major Change in School Financing State Civil Service Employees Conclusion 6. COLLECTIVE BARGAINING IN CALIFORNIA'S PUBLIC SECTOR Carol A. Vendrillo Early Legislation George Brown Act Winton Act Meyers-Milias-Brown Act Right to Strike Binding Interest Arbitration Past Efforts to Get Comprehensive Labor Law Aaron Commission Educational Employment Relations Act Dills Act Higher Education Employer-Employee Relations Act Agency Fees Excluded Employees Act Extent of Organization Public Schools State Employees Higher Education Local Government Future Trends 7. PUBLIC SECTOR LABOR LAW AND EXPERIENCE IN NEW YORK STATE Janet McEneaney and Robert P. Hebdon A Brief Look Back The Regulatory Agencies The Public Employment Relations Board The New York City Office of Collective Bargaining The Duty To Bargain and the Scope of Bargaining The Duty To Bargain Maintaining the Status Quo after a Contract Expires The Scope of Bargaining The Management Rights Clause of the NYCCBL Impasse Resolution under the Taylor Law Procedure Evidence on Mediation and Factfinding Impasse Resolution under the NYCCBL Arbitration and Contract Enforcement Strikes The Privatization of New York's Public Services Summary and Conclusion 8. ILLINOIS PUBLIC SECTOR COLLECTIVE BARGAINING LEGISLATION: THE FIRST FIFTEEN YEARS R. Theodore Clark, Jr. and F. Donal O'Brien Senate Bill 536 and House Bill 1530 Extent of Unionization in the Illinois Public Sector Subsequent Amendments to the IPLRA and the IELRA Administration of the Acts Representation Cases Duty to Bargain Cases Treatment of Alleged Unilateral Action Cases Statutory Impasse Procedures Contract Administration and Grievance Arbitration Questions Yet To Be Answered under the IPLRA and/or IELRA Concluding Observations 9. ESSENTIAL EMPLOYEE STRIKES AND STATUTORY ARBITRATION PROCEDURES: THE HAWAI'I PUBLIC SECTOR COLLECTIVE BARGAINING EXPERIENCE Joyce M. Najita, William J. Anzenberger, and Helene S. Tanimoto Introduction The Legal Framework for Collective Bargaining in Hawai'i's Public Sector Administering Agency: HPERB/HLRB Statutory Bargaining Units Scope of Bargaining The Public Employer Grievance Arbitration Limited Right to Strike Negotiation Impasse Resolution Impact of Strikes and Adoption of Statutory Arbitration Procedures Statewide Teachers Strike, 1973 The Firefighter Sickout and Strike Threats, 1974-1979 "Essential" Blue-Collar Workers' Strike, 1979 HGEA Strike, 1994 Protecting the Public Health and Safety: Who Are Essential Employees? Firefighters (Decision No. 80) Blue-Collar Workers (Decision No. 119) Teachers (Decision Nos. 181, 186, and 383) HGEA Workers (Decision No. 212 and Order No. 1033) Statutory Arbitration As Strike Alternative Summary and Conclusions