NCJ Number
54417
Journal
JOURNAL OF COLLECTIVE NEGOTIATION IN THE PUBLIC SECTOR Volume: 7 Issue: 3 Dated: (1978) Pages: 191-201
Date Published
1978
Length
9 pages
Annotation
STUDY OF 21 POLICE CONTRACTS IN CITIES WITH POPULATIONS OF 250,000 OR MORE FINDS 15 CONTAIN EITHER GENERAL OR SPECIFIC MANAGEMENT RIGHTS CLAUSES. THE GROWTH OF SUCH CLAUSES AND THE RESPONSE TO THEM ARE ANALYZED.
Abstract
THIS DISCUSSION OF THE ROLE OF MANAGEMENT RIGHTS IN THE PUBLIC SECTOR DESCRIBES BOTH GENERAL AND SPECIFIC MANAGEMENT RIGHTS CLAUSES IN POLICE CONTRACTS IN MAJOR MUNICIPALITIES IN THE UNITED STATES, ANALYZES THOSE CLAUSES, AND DRAWS CONCLUSIONS ABOUT THE FUTURE ROLE OF MANAGEMENT RIGHTS CLAUSES IN POLICE CONTRACTS. THESE CLAUSES GENERALLY SPELL OUT THE AUTHORITY OF A MANAGER TO DIRECT AND CONTROL OPERATIONS, DETERMINE IMPLEMENTATION OF DEPARTMENTAL OPERATIONS, SET UP WORK SCHEDULES, EMPLOY PERSONNEL AND EQUIPMENT IN THE MOST EFFICIENT AND EFFECTIVE MANNER, AND MAINTAIN EMPLOYEE DISCIPLINE. THIS STUDY REQUESTED COPIES OF POLICE CONTRACTS FROM 54 CITIES; 21 RESPONDED WITH CONTRACTS, 8 INDICATED THAT CONTRACTS EXISTED BUT DID NOT SEND COPIES, 11 REPORTED NO CONTRACT EXISTED, AND 14 DID NOT RESPOND. OF THESE CONTRACTS, 68 PERCENT CONTAINED EITHER GENERAL OR SPECIFIC MANAGEMENT RIGHTS CLAUSES. IN 1970 THE BUREAU OF LABOR STATISTICS FOUND SUCH CLAUSES IN 12 OF 22 CITIES (54 PERCENT), AND IN 1976 IT FOUND SUCH AGREEMENTS IN 142 OF 254 MUNICIPAL CONTRACTS (56 PERCENT). A CHART COMPARES MAJOR PROVISIONS OF THE POLICE CONTRACT CLAUSES. IT IS CONCLUDED THAT AS UNIONS TRY TO HAVE A LARGER VOICE IN DECISIONS AFFECTING EMPLOYEE'S JOBS, THE NUMBER OF MANAGEMENT RIGHTS CLAUSES WILL INCREASE. IT IS ALSO PREDICTED THAT MANAGEMENT WILL TIGHTEN ITS ADMINISTRATION OF THE CONTRACT TO PREVENT RIGHTS FROM BEING USURPED THROUGH PRECEDENT. REFERENCES ARE APPENDED. (GLR)