Public Sector Labor Relations Research Articles

Collective Bargaining during Times of Crisis: Recommendations from the COVID-19 Pandemic.

The COVID‐19 pandemic dramatically changed employment across sectors in 2020. This Viewpoint essay examines public sector labor relations during the pandemic and describes the impact bargaining process that is used to protect public employees. The authors draw on their own experience with impact bargaining negotiations and the public labor relations, conflict management, and civil service reform literatures to develop recommendations for public union labor leaders during times of crisis. They suggest that public unions have an important role in crisis management but must act strategically to develop good working relationships with leadership and successfully negotiate employee protections in uncertain times.

PROCEDURE FOR EMERGENCY RELATIONS WITH THE HEAD OF THE ENTERPRISE OF THE INSTITUTION OR ORGANIZATION

The relevance of the article is that newer forms of employee representation and participation add an additional dimension to the picture of labor relations in some countries. The system of labor relations establishes formal or informal basic rules for determining the nature of collective industrial relations, as well as the framework of individual labor relations between the employee and his employer. Complicating the situation at the end of management is additional players, such as temporary employment agencies, contractors and contractors, who may be accountable to employees without control over the physical environment in which the work is performed or the ability to conduct safety training. In addition, public and private sector employers in most countries are governed by separate legislation, and the rights and protections of workers in the two sectors often differ significantly. Moreover, the private sector is affected by international competition forces that do not directly affect public sector labor relations. The author explores approaches to understanding the concept of manager as a subject of organizational and managerial relations in labor law. It is established that the peculiarity of the emergence of legal relations with the head of the enterprise, institution or organization is that their emergence is based on a complex legal structure consisting of several legal facts. It is established that the head is endowed with limits of responsibility and also clear limits of action. It is concluded that in the framework of professional activity the head of the organization, enterprise or institution performs various generalized labor functions that have a very diverse nature, results and working conditions. In a particular organization, enterprise or institution, the head faces different tasks, which allows us to talk about the existence of a process of continuous improvement of its labor function, because there is a high organizational independence. However, in the performance of the job function, the manager should not expand the limits of his competence, as another feature is the increased limits of his responsibility.

Public Sector Labour Relations in the United States: Austerity, Politics and Policy

Abstract Public sector unions around the world are under threat from political forces. Combined, the financial crisis and austerity measures have challenged public sector unions’ legitimacy. In the U.S., the postrecession assault on public sector unions is rooted in political ideology, with not only a widening polarization along the liberal-conservative spectrum playing a key role, but cultural cognition and economic downturn, too. This research provides a comparative historical analysis of changes in public sector collective bargaining rights at state and local levels in 50 states. The article describes the variations in public sector industrial relations at the state and local levels in the short and medium term. It also proposes a theoretical model to explain similar and diverging patterns which can be observed across the states. Keywords: public sector labour relations, United States, austerity, regional differences (JEL: H61, H62, H63, J51, J52, J53, L32) ----- Arbeitsbeziehungen des offentlichen Sektors in den Vereinigten Staaten: Austeritat, Politics und Policy Zusammenfassung Gewerkschaften des offentlichen Dienstes sehen weltweit ihre Legitimation in Frage gestellt und sind bedroht durch politische Gegner, die Finanzkrise und Sparmasnahmen. In den USA wurzelt der Angriff auf die Gewerkschaften des offentlichen Dienstes in politischer Ideologie, insbesondere der zunehmenden Polarisierung im liberal-konservativen Spektrum, dem Feld der kulturellen Kognition und des wirtschaftlichen Abschwungs. Der Beitrag liefert eine historisch-komparative Analyse der Veranderungen Rechte des collective bargaining im offentlichen Dienst auf staatlicher und lokaler Ebene aller 50 Staaten der USA. Dabei werden die kurz- und mittelfristigen Veranderungen der industriellen Beziehungen des offentlichen Dienstes auf staatlicher und lokaler Ebene beschrieben und daruber hinaus ein Modell zur Erklarung von Ahnlichkeiten und Abweichungen zwischen den Bundesstaaten vorgeschlagen. Schlagworter: Arbeitsbeziehungen des offentlichen Sektors, USA, Austeritat, regionale Differenzen ----- Bibliographie: Mareschal, Patrice M.: Public Sector Labour Relations in the United States: Austerity, Politics and Policy, Industrielle Beziehungen, 4-2017, S. 450-471. https://doi.org/10.3224/indbez.v24i4.05

Do public sector industrial relations challenge the Swedish model?

This article discusses recent developments in public sector labour relations in Sweden from a historical, gender and power relations perspective. The main question is whether these trends challenge the established Swedish industrial relations system. Our point of departure – yet chronologically also the point of arrival – is the Swedish Municipal Workers’ Union, Kommunal’s, exit from the coordinated wage setting model within the Swedish Trade Union Confederation (Landsorganisationen, LO) in 2015/2016. The immediate reason was that Kommunal, representing one-third of the LO members, including many low-paid women, turned down the LO’s proposal on a general wage increase for low-wage groups. Instead, Kommunal urged to upgrade wages for a specific member group, the auxiliary nurses. This broke an almost uninterrupted 20-year-long period of labour market cooperation and coordination that was introduced in 1997 through the so-called Industry Agreement (Industriavtalet). This agreement was launched in the wake of the deep financial crisis in the early 1990s, and the neoliberal move towards a complete decentralization of pay negotiations. How should this move by Kommunal be interpreted? Why, and when, has the centralized system become a straitjacket for Kommunal, when for decades it seemingly was a precondition for both private and public union strength?

Can Renewal Emerge from Destruction? Crisis and Opportunity in Wisconsin

This article explores public sector labor relations in Wisconsin after the 2011 “uprising” and subsequent attempts to recall public officials, including the governor. While unions there have faced catastrophic setbacks and confront an uncertain future, the potential exists for Wisconsin to forge a new approach to escape the confines of the “service model,” which has left unions as “houses of straw.” If Wisconsin public sector unions can combine lessons from history and nonbargaining states with comprehensive plans for organizational culture change, a crucially important model could take shape for the entire U.S. labor movement.

An Exploration into Challenges Facing Public Sector Labor Relations: A Literature Review and Analysis

This analysis explores some of the challenges facing public managers in nurturing their relationship and partnership with public-sector unions. It begins with a discussion of the background that elaborates on union history, discussing the birth of unions, the fall of private-sector unions, and the rise of government unions. This is followed by a review of the relevant professional and scientific literature to better develop the topic and focus the analysis. As the field of government labor-management relations is complex, the unique characteristics of government labor-management relationships that are lacking in the private-sector context necessitate a practitioner approach and an integrated synthesis of the literature. The analysis concludes that when collective bargaining is applied to public-sector business, it must be tailored to achieve proper alignment with taxpayers, who are the major stakeholders in public-sector services.

Is U.S. Public Sector Labor Relations in the Midst of a Transformation?

In this article the author assesses whether a fundamental transformation is underway in public sector (state and local government) labor relations in the United States by revisiting the arguments made by the author and Kochan and McKersie (1986) regarding the transformation of labor relations in the private sector. The author argues that the economic pressures that led to a transformation of private sector labor relations starting in the 1980s have not played a comparable role in recent developments in the public sector because of the political nature of labor relations in that sector. Other insights are drawn from a comparison of recent developments with events that occurred during the mid-1970s, an earlier taxpayer revolt era. The author concludes that a fundamental transformation in public sector labor relations has not occurred, attributable to some degree to the limited decline in public employee union membership and the fact that a majority of the public has favorable attitudes toward public sector employees and union collective bargaining rights. Factors that might lead to such a transformation in the future are highlighted.

Do International Freedom of Association Standards Apply to Public Sector Labor Relations in the United States?

Excerpt] After November 2010 elections in the United States, human rights aspects of labor policy suddenly emerged at sub-federal levels. Elections in many states brought a sharp turn to conservative Republican rule. In this new climate, conflicts over workers’ rights took shape not at the ozone layer of high international policy, but at the oozing landfill level of local labor politics. Governors and legislatures in Wisconsin, Ohio, Florida, Michigan, and other states moved to strip public employees of collective bargaining rights, blaming their wages and benefits for budget shortfalls. A vindictive North Carolina legislature made it unlawful for public school teachers voluntarily to contribute to their union’s legislative action fund through paycheck deductions (in January 2012 a state court issued an injunction blocking the North Carolina law, saying that singling out trade unions for such a prohibition violated the state constitution’s guarantee of freedom of association). The labor rights crisis provoked by state-level anti-union measures led to heightened awareness of international labor standards. In Wisconsin and Ohio in particular, and to a smaller degree in other states, Republicans’ anti-union moves galvanized trade unionists and their supporters into marches, occupations, and other forms of mass protest with slogans such as “workers’ rights are human rights” and “collective bargaining is a human right.” In Ohio, the labor movement and its allies overturned the anti-collective bargaining law in a public referendum. In Wisconsin, the law’s passage led to a movement to recall the Republican governor.

Neoliberal Times: Intersecting Temporalities and the Neoliberalization of New York City's Public-Sector Labor Relations

Neoliberal Times: Intersecting Temporalities and the Neoliberalization of New York City's Public-Sector Labor Relations

Public Sector Labor Relations Scholarship: Is There a “There,” There?

Public sector union membership is thriving compared to the private sector. Moreover, public employee unions play a significant role in policy making at every level of government. Yet research on public sector labor relations is sporadic and uneven, perhaps negligible. Why so? This article surveys the literature on public sector unionism and seeks to answer that question. Its conclusion points to a course of action for renewing interest in this seminal field among public administration, management, and policy scholars.

Labouring in the Public Interest

Part of the difficulty in public sector labour relations is the apparently inevitable confrontation between government and civil service unions. This idea is sketched out here with particular attention to the inherently political nature of public sector education in England and Canada. Of the many characteristics of public sector labour relations, governments’ dual role as employer and legislator remains the most distinctive. It provides an advantage which governing parties in both jurisdictions have used to their singular benefit. This power is also the source of limitations within the public sector labour relations framework. With little recourse via the law (grievances, legislation), teachers’ unions have taken their message to the public in an attempt to improve their leverage in negotiations with government. Developing in the late 20th century, public campaigns have been a favoured means for highlighting issues which fit under the broad catchphrase of protecting quality in public education. Conversely, government may also implement its own rebuttal campaign based on the need for financial restraint. As part of this contest, both sides invoke the threat of public outcry as a force which each claims it may muster, for the purpose of maximising its bargaining position. This is the framework of contemporary public sector education collective negotiations. In effect, modern day public sector education bargaining has become the means of retrenchment: government, in a centralised funding arrangement such as that in England and Ontario, allocates money and dictates the terms of employment.

Commodification, casualisation and intensification of work in liberalised European postal markets

This article argues that liberalisation and privatisation of public services have led to a commodification of public sector work and labour relations. Using the example of European postal services it describes the process of liberalisation, privatisation and the resulting changes in company strategies and organisation. It argues that commercialisation has not only changed the nature of service provision, but has also caused a far-reaching intensification and casualisation of employment in the European postal sector.

Frank P. Zeidler's View on Public Sector Labor Relations as Milwaukee's Last Socialist Mayor, 1948-1960

Frank P. Zeidler's View on Public Sector Labor Relations as Milwaukee's Last Socialist Mayor, 1948-1960

Liberalisation and privatisation of public services and strategic options for European trade unions

This article argues that liberalisation and privatisation of public services in Europe have had a significant impact on employment and working conditions. Our basic hypothesis is that companies affected by growing competitive pressures increase efforts to reduce labour costs. The consequences are, on the one hand, the reduction of public sector employment and, on the other, a transformation of the traditional public sector labour relations regime (LRR). While employees were previously treated as a relatively homogenous workforce, liberalisation and privatisation have fuelled divisions, fragmentation and individualisation. In some sectors and countries this has led not only to a substantial deterioration of employment and working conditions but also to the emergence of a two-tier workforce. From this perspective liberalisation and privatisation represent a considerable threat to workers and therefore the trade unions, which have at their disposal a number of strategies to respond to the new challenges, including fighting privatisation, demanding strong sector-wide regulations and campaigning to strengthen the public sector.

Regulating Conflict in Public Sector Labour Relations

Using a comprehensive collective bargaining data set, we examine dispute resolution patterns of all bargaining units in the province of Ontario over a 10-year period. A central finding is that bargaining units covered by legislation requiring compulsory interest arbitration arrive at impasse 8.7 percent to 21.7 percent more often than bargaining units in the right to strike sectors. Even after controlling for legislative jurisdiction, union, bargaining unit size, occupation, agreement length, time trend, and part-time status, strong evidence was found that compulsory arbitration has both chilling and dependence effects on the bargaining process. The problem of failure to reach negotiated settlements is particularly acute in the health care sector, especially among hospitals. Our results also call into question the use of interest arbitration in a central bargaining context. The centralized structure appears to exacerbate the negative effects of interest arbitration.

Teachers’ strikes in Argentina: Partisan alignments and public-sector labor relations

In a context of increasing teachers’ militancy in Argentina, this article provides the first empirical analysis of teachers’ strikes in all twenty-four Argentine provinces during the 1990s. Using a cross-provincial statistical analysis, it explains the wide variation across provinces and across time of Argentine teachers’ strikes. It demonstrates that political alignments between provincial governors and teachers’ unions explain these patterns better than organizational and institutional variables, which strongly shape public-sector labor relations in other countries. We emphasize the discretion of provincial governors, for both the application of labor regulations and budgetary appropriations in the politicization of provincial public-sector labor relations in Argentina, especially after the decentralization of education resulted in the provincialization of teachers’ protests.

Future directions in public sector labor relations: A 2020 Perspective

Any exercise in predicting the future of social and economic phenomena seems rather presumptuous at best. Understandably, we tend to draw upon the certainty of past experience and our current understanding of the world when attempting to project the unknown future. Yet, in any dynamic social and economic context, there is an infinite number of extant variables that currently lie dormant and unrecognized. The unexpected activation of any one or a combination of these hidden and unforeseen factors has the potential to vastly distort our generally linear projections of what will be (e.g., consider the projections about all aspects of American life before and after the September 11 terrorist attacks). Predicting the reality of next year is at best a risky and difficult task, but to forecast the future as it will be fifteen to twenty years hence requires humility, a keen understanding of the subject at hand and, most importantly, good luck. Readily assuming the mantle of humility, presumably having a basic understanding of the topic, and energetically hoping for blind luck, I am pleased to offer some thoughts on aspects of public sector labor and employment relations as they will evolve over the next couple of decades. Such projections, obviously, are done as through a glass, darkly.

The future of public sector collective bargaining in Canada

Looking to the future of Canadian public sector labor relations, the glass is half full. Despite regular intervals when government fiscal and economic policy “trump” public sector bargaining rights through legislation, public sector unions and collective bargaining will survive. Public sector compensation and job security will likely continue to be at least comparable to the unionized private sector, and public sector union density should remain stable, at or near its currently high levels.

‘Economic rationalism’ in Canberra and Canada: Public sector reorganisation, politics, and power

Australian public sector institutions and public sector labour relations experienced intense change during the 1980s and 1990s. Proponents of restructuring sought to insert market‐like pressures into areas formerly governed by bureaucratic mechanisms. This reversed a trend towards continual growth in state provision of non‐market based social protection and social welfare, and continual growth in the public sector's share of the economy. The politics and content of Australian public sector restructuring under Labor and then the Liberals substantially resembled restructuring efforts in two Canadian provinces. In all three examples, political pacts between unions in the exposed and non‐exposed sectors, and between organised labour and capital, determined the direction of change. But the level of institutional robustness of these various actors determined both the pace and effectiveness of change. Weak employer organisations and unions incapable of sustaining pacts in Canada produced wider oscillations in policy content that attained less substantive success than in Australia.

Public-Sector Labour Relations in an Era of Restraint and Restructuring

This volume provides in-depth case studies of public service labour relations in Canada during the 1990s. The cases reported demonstrate that governments have adopted the attitude and policy that they may engage in bargaining or suspend it whenever thay find that course of action to be convenient. Viewed from a broader international context, as discussed in the concluding chapter, the casual suspension of bargaining by Canadian governments cannot be justified by the norms and agreements that Canada has shared with the international community.