1. 1 Lecture 8 Collective Bargaining and Unionism in the Public Sector Introduction to Public Personnel Administration Spring 2014

2. 2 Today’s Learning Objectives The historical development of collective bargaining in the public sector -From unilateral authority by management to bilateral labor- management partnership Comparison of public and private sector collective bargaining Elements of the collective bargaining system in government -Actors in public sector collective bargaining -Employee rights -The scope of bargaining -Strikes and conflict resolution

3. 3 Collective Bargaining in Public Organizations The early 20th century -Collective bargaining was considered inappropriate for the federal government. Why? -Resistance from political executives and career managers against labor unions -The critical nature of public services -The merit system and civil service legislation

4. 4 Labor Relation in public organizations: US Rapid spread of unionism and collective bargaining in the 1960s -Increasing dissatisfaction with pay and working conditions -Exclusion from the National Labor Relations Act of 1935 Contributions by Kennedy and Nixon -Kennedy's Executive Order 10988 (1962): made collective bargaining a lawful practice in public sector negotiations. -Nixon's Executive Orders 11491 (1969) and 11616 (1971)

5. 5 Labor Relation in public organizations: US The public interest vs. Constitutional rights of public employees The retreat of public labor unions in the 1970s -Economic difficulty and fiscal stress in the 1970s -Public hostility and distrust in unionization of public employee -Decreased support from politics -The Court decision in 1976 rejecting the extended coverage of the Fair Labor Standards Act of 1938 to state and local governments

6. 6 Labor Relation in public organizations: US The 1981 Professional Air Traffic Controllers (PATCO) strike -Significantly decreased the negotiation power of the unions Collective bargaining and labor relations legislations as hall marks of contemporary public sector labor relations -About 3 million state and local government employees covered by collective bargaining agreements -Over 1.1 million federal employees under Title VII of the Civil Service Reform Act of 1978 -Labor-management relations as partnership since the 1990s

7. Labor Relation in public organizations: Korea Right of establishing labor unions and collection bargaining for employees in Korean government has expanded in the 1990s. Legislation for teachers’ labor union (1991, 1999): a right of collective bargaining, labor union for teachers Legislations for labor union for public employees (2006): -Employees in rank 6 and lower ranks gained a right of association and collective bargaining 7

8. 8 Public vs. Private Sector Collective Bargaining The fragmented nature of the public employer -Public employees should negotiate three different branches of government. The absence of the right to strike or high regulation over collective bargaining The limited scope of bargaining

9. 9 Why Public Employees Unionize Unionization and union strength in the private sector was diminishing. Employees believed their wages could be enhanced and their rights could be protected through collective bargaining. Professional employees believed collective bargaining could be used to achieve professional goals.

10. 10 Elements of a Collective Bargaining System Employee rights -The open shop: Employees are neither required to join the union nor to pay fees for representation. -The union shop: Employees are required to join the labor union within a specified period after being hired. -The agency shop: Does not require employee to join the union, but must pay the union dues for representation, so called a “fair share.”

11. 11 Scope of Bargaining Matters beyond the scope of bargaining -Subjects controlled by civil service legislation (wages and hours for federal employees) -Management rights that are beyond the scope of bargaining -Subjects (e.g., state education codes, special legislation for the pay of blue-collar employees, and other statues) that are already covered by existing laws

12. 12 Strikes and Impasse Resolution Strikes by public employees are illegal in the federal government and most state governments Statutory penalties against strikes: dismissal, prosecution of union leaders, fines against unions, and decertification of the unions Rather than legal penalties settlements were preferred.

13. 13 Impasses Resolution Procedures for impasses resolution -Mediation: facilitating communication between parties in collective bargaining. -Fact-finding: presenting each party’s version of the facts and justify them with help of expert witnesses -Binding arbitration