DILEMMA OF IMPASSE PROCEDURES IN THE PUBLIC SAFETY SERVICES (FROM COLLECTIVE BARGAINING IN THE PUBLIC SECTOR - SELECTED READINGS IN LAW ENFORCEMENT, 1977 BY RICHARD M. AYRES AND THOMAS L. WHEELEN - SEE NCJ-42575)

• NCJ Number: 42587
• Author(s): M H BOWERS
• Date Published: 1977
• Length: 9 pages
• Corporate Author: International Assoc of Chiefs of Police
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. FROM POLICE CHIEF, V 41, N 2 (FEBRUARY 1974) (GAITHERSBURG, MD.: IACP), PP 32-34

Annotation

THE EMERGENCE OF COLLECTIVE BARGAINING IN MANY AREAS OF PUBLIC EMPLOYMENT HAS MEANT THAT PROCEDURES OTHER THAN THE STRIKE HAVE HAD TO BE DEVISED FOR RESOLVING LABOR DISPUTES.

Abstract

THREE BASIC TYPES OF IMPASSE PROCEDURES HAVE BEEN USED IN THE PUBLIC SAFETY SERVICES - MEDIATION, FACT-FINDING, AND ARBITRATION. HOWEVER, THERE HAS BEEN A FAILURE TO RECOGNIZE A SIGNIFICANT DIFFERENCE BETWEEN ALTERNATIVES TO STRIKE ACTION PER SE AND SUBSTITUTES FOR THE FUNCTIONS OF THE RIGHT TO STRIKE WHICH ARE AN INTEGRAL PART OF THE BARGAINING PROCESS. MEDIATION AND FACT-FINDING HAVE BEEN THE STRIKE ALTERNATIVES MOST FREQUENTLY EMPLOYED IN THE PUBLIC SECTOR, ALTHOUGH NEITHER HAS BEEN ENTIRELY SATISFACTORY, PREDOMINANTLY BECAUSE THE OUTCOME HAS NOT BEEN FINAL AND BINDING UPON BOTH PARTIES. OF EQUAL SIGNIFICANCE, EACH HAS FAILED IN ITS OWN WAY TO MITIGATE THE EFFECT OF DENIAL OF THE RIGHT TO STRIKE ON THE BARGAINING PROCESS. A SYSTEM OF LEGISLATED ARBITRATION, IN WHICH TESTIMONY AND EVIDENCE ARE COLLECTED TO SUPPORT A FINAL AND BILATERALLY BINDING AWARD TERMINATING A DISPUTE, CAN MOST CLOSELY APPROXIMATE THE FUNCTIONS OF A STRIKE IN THE BARGAINING PROCESS. (THE STRIKE SERVES THREE BASIC PURPOSES IN COLLECTIVE BARGAINING: TO GIVE A POWERFUL IMPETUS TO THE PROCESSES OF CONCESSION AND COMPROMISE; TO CREATE A SENSE OF URGENCY PROPELLING THE PARTIES TOWARD A PARTICULAR SOLUTION; AND TO IMPOSE A DIRECT COST OF DISAGREEMENT UPON THE PARTIES.)...ELW