HOW TO BARGAIN IN THE PUBLIC SECTOR (FROM POLICE-COMMUNITY RELATIONS - SELECTED READINGS - 2ND ED, 1978, BY PAUL F CROMWALL, JR AND GEORGE KEEFER - SEE NCJ-47600)

• NCJ Number: 47611
• Author(s): J A HANSON
• Date Published: 1976
• Length: 8 pages
• Corporate Author: West Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM PUBLIC MANAGEMENT (FEBRUARY 1975)

Annotation

A GUIDE TO EMPLOYEE ORGANIZATIONS AND COLLECTIVE BARGAINING TACTICS AND STRATEGIES IS PRESENTED TO AID THE MUNICIPAL MANAGER WHO IS INCREASINGLY FACED WITH ORGANIZED ACTIONS ON THE PART OF PUBLIC EMPLOYEES.

Abstract

IT IS IMPORTANT FOR THE PUBLIC EMPLOYER TO RECOGNIZE THE UNION AS A VIABLE AND POLITICAL ENTITY, AND TO HAVE AN UNDERSTANDING OF THE UNION'S INTERNAL STRUCTURE, THE ABILITIES AND PERSONALITIES OF THE UNION NEGOTIATORS AND REPRESENTATIVES, AND THE INTERNAL STRUCTURE OF THE PUBLIC AGENCY FROM WHICH MEMBERSHIP IS DRAWN. EMPLOYEES MAY ORGANIZE OUT OF A NEED FOR RECOGNITION, SECURITY, COMMUNICATION WITH MANAGEMENT, BETTER COMPENSATION, AND/OR TO AIR GRIEVANCES OR IMPROVE ORGANIZATIONAL OR SUPERVISORY CLIMATE. AMONG KEY CHARACTERISTICS IN COLLECTIVE BARGAINING ARE MANAGEMENT RIGHTS TO BE RETAINED, UNION BARGAINING PRIORITIES (I.E., OFFICIAL RECOGNITION, DUES CHECK-OFF, GRIEVANCE PROCEDURE) AND THE DYNAMICS OF THE COLLECTIVE BARGAINING PROCESS. A DESIRABLE MANAGEMENT BARGAINING TEAM WOULD INCLUDE A CHIEF NEGOTIATOR, A BUDGET OR FINANCE OFFICER, EMPLOYEE DEPARTMENT(S) REPRESENTATIVE(S), AN AGENCY PERSONNEL REPRESENTATIVE, AND POSSIBLY AN ATTORNEY. IT IS SUGGESTED THAT BARGAINING BE CONDUCTED IN PRIVATE, NEAR THE MUNICIPAL OFFICES, IN GOOD FAITH, AND NOTES SHOULD BE TAKEN DURING BARGAINING. MANAGEMENT MUST BE ABLE TO ACCURATELY DISTINGUISH AMONG THE FOUR TYPES OF UNION DEMANDS: MUST DEMANDS, DESIRABLE DEMANDS, PERSONAL DEMANDS, AND WINDOW-DRESSING DEMANDS. ASSESSING THE RELATIVE IMPORTANCE OF DEMANDS WILL REQUIRE ACCURATE KNOWLEDGE OF THE EMPLOYEES AND THEIR INTERESTS. MANAGEMENT MUST ALSO BE PREPARED TO PRESENT ITS OWN DEMANDS. BARGAINING STRATEGIES WHICH MAY PROVE HELPFUL FOR MANAGEMENT INCLUDE A PERIODIC RESTATEMENT OF IMPORTANT BARGAINING ISSUES, PERSONALIZATION OF POINTS TO BE MADE, USE OF CAUCUSES, NEGOTIATION OF CONTRACT LANGUAGE FIRST AND WAGES LAST, AND MANAGEMENT INITIATION OF AGREEMENT LANGUAGE AND WRITING. IF ISSUES CANNOT BE RESOLVED IT MAY BE NECESSARY TO CALL IN THIRD-PARTY MEDIATORS OR ARBITRATORS. A MEDIATOR MAY ADVISE, COUNSEL, IDENTIFY COMMON POINTS, AND ADD AN OBJECTIVE PERSPECTIVE TO THE NEGOTIATIONS. IF ARBITRATION IS USED, IT IS IMPERATIVE THAT THE ARBITRATOR BE LIMITED TO ONLY THOSE ISSUES IN DISPUTE. THE LAW HAS NOT PRECLUDED STRIKES, AND THOSE EMPLOYEES WHOSE JOBS HAVE THE GREATEST PUBLIC IMPACT WILL BE THE MOST LIKELY TO ELECT TO USE STRIKES. IN THE EVENT OF A STRIKE, IT IS IMPORTANT THAT MANAGEMENT ANALYZE THE MOST EFFECTIVE WAYS OF MANAGING MUNICIPAL SERVICES DURING THE WORK STOPPAGE. (JAP)