Public Sector Labor Relations

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SECTION 3

• Public Sector Labor Relations

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Public Sector

• Unions and employee associations include primary
  and secondary school employees, university profs,
  street crews, air traffic controllers, etc.
• Trends in public sector unionization different
  than those in private sector
• Density of Union coverage different (though
  free-rider problem is rampant for Federal sector
  workers)

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Major public sector legislation

• No rights to govt employees under NLRA
• 1962 Kennedy Executive Order gets ball really
  rolling
• 1970Postal Reorganization Act
• Postal workers placed under NLRA
• 1978Civil Service Reform Act
• Currently covers federal employees
• Modeled after NLRA (also FLRA)

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State Local Govt

• State and municipal govt laws are incredibly
  varied, and some state laws are not comprehensive
  
• E.G., strikes among public sector workers in Utah
  not protected, though not prohibited
• mandatory FF for teachers, SLC most comprehensive
• California permits strikes by statute
• New York prohibits strikes (discipline)
• Illegal strikes still occur, however.

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Bargaining Limits

• Usual limitation is over right-to-strike and
  bargaining over wages
• Right-to-strike most commonly limited for
  critical service industry employment
• When wage bargaining is restricted, the argument
  is that it is inappropriate due to the fact that
  wages are tax dollars.
• Bargainable subjects?see Exhibit 14.3

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Other Key Differences

• Market economy differences
• Federal employees?no strikes, no bargaining over
  wages (unless postal)
• Bargaining is politicized and publicized
• Interest arbitration at impasse in some cases as
  a quid pro quo for strike prohibition

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Impasse resolution in public sector

• Mediationrequired in 35 states
• Fact-finding.required in 31 states
• Arbitration
• CA, FOA, Tri-Offer (Iowa)
• FOA has different forms
• What type is more effective? What is the measure
  of effectiveness?
• Referendum (rare) has been tried in some
  municipalities