Running head: CASE STUDY - PUBLIC SECTOR BARGAINING LEGISLATION
1 CASE STUDY - PUBLIC SECTOR BARGAINING LEGISLATION This assignment will be based on the reading of the Case Study, Public Sector Bargaining Legislation and Strikes by author Charles Greer. Through this assignment, I will be reviewing the case study and answering the following questions: Does arbitration tend to help or hinder public employee bargaining? Be sure to explain and support your position, does collective bargaining legislation increase the amount of strikes? And what were some of the unfair labor practices that are applicable to unions? Does arbitration tend to help or hinder public employee bargaining? Be sure to explain and support your position. My opinion is that arbitration should not be used as a tool to cure all labor issues. However, I remain in agreement with Greers view, in that arbitration can serve as a valuable purpose when it comes to bargaining in the public sector. My personal stance is that, I do not believe that there is one set answer to this question. My opinion is that arbitration has both the potential to help or hinder public employee bargaining depending upon the circumstances of the case and contract. In the case of the Oklahoma City police strike, the Oklahoma Firefighters and Policemen's Arbitration Act was implemented and arbitration was used for the purpose of provision of interest. My understanding is that this was implemented to help rule judgment when the agreement on the contract could not be made between the parties. My understanding of this case is that arbitration may have impacted the city or the officers differently had the city been forced by binding arbitration to accept the arbitrators ruling. In the instance of a binding arbitration ruling, the issues and demands presented during the bargaining phase, at this point could no longer be bargained or changed.
Does collective bargaining legislation increase the amount of strikes? 2 CASE STUDY - PUBLIC SECTOR BARGAINING LEGISLATION I do not believe that collective bargaining legislation increases the amount of strikes. However, I do believe that when determining what causes strikes or increases the amount of strikes that take place, environmental characteristics should be taken into consideration. Based in the cross sectional study on strike data from 1973, positive correlations were found between local public sectors in regards to strike frequency and duration, but no correlation found between state sectors compared to the local sectors. This is because the variables in relation to the environmental characteristics of levels sector differ from one another. Kochan states that, It would make little sense to compare the incidence of public sector strikes in two states having different public sector labor relations legislation without controlling for the fact that those states may vary widely in environmental characteristics (Greer, 1978, p.246). This proves to me that, the empirical study on economic, social, political and industrial relations sub environment and their relationship to public policy issues is in fact great evidence to help conclude that these environmental factors are major components in helping to determine what causes and increases strikes. What were some of the unfair labor practices that are applicable to unions? The article states that some of the unfair labor practices that are applicable to unions were, interfering with, restraining, intimidating or coercing employees exercising their rights; interfering with the selection of the employer's collective bargaining representatives; and refusing to bargain in good faith (Greer, 1978, p.243).
Reference 3 CASE STUDY - PUBLIC SECTOR BARGAINING LEGISLATION Greer, C. R. (1978). Public Sector Bargaining Legislation and Strikes: A Case Study. Labor Law Journal, 29(4), 241-247.