Public Personnel Management Chapter 14

alternative dispute resolution (ADR)
Alternative Dispute Resolution (ADR):
is a classification of methods used to efficiently, cost-effectively, and equitably resolve disputes without resorting to litigation. “ADR is premised upon the intention that by providing disputing parties with a process that is confidential, voluntary, adaptable to the needs and interests of the parties, and within party control, a more satisfying, durable, and efficient resolution of disputes may be The most popular variants are mediation and arbitration, but they include a range of procedures:
Open door policy, Negotiation, Ombudsman, Peer review panel, Mediation, Arbitration
Alternative Dispute Resolution Act of 1998
Encouraged use of alternative methods of workplace dispute resolution throughout the Executive Branch. Every federal agency has an alternative Dispute Resolution policy and the federal Office of Personnel Management provides resources. This act spurred the ADR.
American Arbitration Association
This is the body responsible for appointing the “neutral third party” to facilitate mediation in an attempt to persuade the bargaining parties to reach an agreement. It is in the interest of both parties to make a good-faith effort to reach a voluntary mediated settlement, as this is the last stage at which they will have full control over contract provisions.
Arbitration
Essentially the same procedures are followed as in fact-finding. However, the arbitrator’s formal report contains contract provisions that both parties have agreed in advance will be binding. In an effort to avoid having to “split the difference” between extreme positions, the arbitrator may decide in advance to take the “last, best final offer” presented by either side, based on either the entire contract or issue-by-issue.
Civil Service Reform Act (Title VII)
In 1978, Congress passed the Civil Service Reform Act (Title VII), which created a labor relations regulatory agency— the Federal Labor Relations Authority (FLRA)
formally authorized to mediate disputes between federal unions and agency managers.
closed shop
a place of work where membership in a union is a condition for being hired and for continued employment.
collective bargaining
is a set of techniques under which employees are represented in the negotiation and administration of the terms and conditions of their employment. Because collective bargaining can conflict with other personnel systems, it also focuses conflict over a number of issues: job security with no privatization, employment quotas versus seniority, outsourcing and competitive sourcing, adversarial dispute resolution versus alternative dispute resolution techniques, and win- lose bargaining versus win-win bargaining.
contract administration
Once a contract has been negotiated and ratified, both union and management are responsible for administering its provisions. Key actors in implementation include the union steward, a union member who will interpret the contract for the employees and serve as their advocate and representative to management; supervisors, who will be implementing contract provisions relating to everyday employee- employer relations; and the personnel manager, who is management’s expert on how the contract affects human resource policy and practice.
contract negotiation
usually begins immediately following recognition and certification or (if the union has previously been certified) in anticipation of the expiration of an existing contract. Local union officials may represent their own membership, or a professional negotiator who has negotiated similar contracts with other state or local governments may be employed. Management is represented by an experienced negotiator supported by a team of experts that will include the personnel manager, the budget officer, a lawyer, and some line managers who understand the impact of contract provisions on agency operations.
Department of Homeland Security
(DHS). It combined twenty-two existing agencies and 175,000 federal employees who had been working under eighty separate personnel systems. DHS was given the authority to establish its own personnel system that would be “mission centered, performance focused, contemporary and excellent, generate respect and trust, and be based on merit system principles of fairness.”
fact-finding
If mediation is not successful, negotiations may progress to the second step—step— fact-finding. A fact-finder appointed by the federal or state collective bargaining agency will conduct a hearing at which both sides present data in support of their positions. After these hearings, the fact-finder releases a report to both parties and to the public that outlines what he or she considers a reasonable settlement. Although this advisory opinion is not binding, the threat of unfavorable publicity may make either side more willing to reach a negotiated settlement.
Federal Labor Relations Authority (FLRA)
formally authorized to mediate disputes between federal unions and agency managers. Though this law clarified such issues as unit determination, scope of bargaining, and impasse resolution procedures, federal agency employees may still not strike or bargain collectively over wages and benefits, both of which Congress sets. The act was subsequently amended to create the Federal Mediation and Conciliation Service (FMCS), designed to assist voluntary settlement of collective bargaining issues.
Federal Mediation and Conciliation Service (FMCS)
designed to assist voluntary settlement of collective bargaining issues. Though these acts seemed to have stabilized and advanced formal labor relations in the federal sector, subsequent events have created substantial turmoil.
free riders
These free riders benefit from the gains won by the union for its members, but are able to avoid paying dues if they so choose by declining to join the union.
grievance
Management should view the grievance process as one more potentially beneficial effort by employees to make the organization more effective by calling attention to inefficient or inequitable supervisory practices. It can serve as an internal evaluation device, a means of instituting planned change and a method of redressing inequitable organizational practices.
grievance arbitration
The resolution of a dispute as to an alleged violation of a term of a collective bargaining agreement, by arbitration.
“hollow” organization
The “hollow” organization— one that primarily manages contracts— challenges the notion not only that human capital is a crucial resource, it also invites uncertainty and conflict when host organizations have invited a multiplicity of other employers along with their HR systems into the arena for the purposes of service delivery.
“in the sunshine” (negotiations)
That is, negotiations are conducted in public because states have an open-meetings law that prohibits government officials from determining public policy through back-room deals. Prior to the negotiations, it is important that management’s negotiator reach a clear understanding with elected officials concerning their preferred contract provisions and their minimally acceptable contract provisions (particularly with respect to economic issues).
interest arbitration
Arbitration of substantive items at impasse during contract negotiation is termed interest arbitration, to distinguish it from subsequent arbitration over the meaning of previously ratified contract provisions (grievance arbitration) during the contract administration process.
labor code
Frequently, basic employee rights are included in the national constitution (usually as an appended Labor Code)
mediation
the intervention of a neutral third party in an attempt to persuade the bargaining parties to reach an agreement. This may be an independent individual or one from a group designated by an agency such as the American Arbitration Association or the Federal Mediation and Conciliation Service (FMCS).
National Labor Relations Act (Wagner Act)
which recognized the right of all private employees to join unions and required management to recognize and bargain collectively with these unions. It prohibited many previously common practices: blacklisting union members, signing “sweetheart contracts” with company unions, and so on.
National Labor Relations Board (NLRB)
has the responsibility of certifying unions as appropriate bargaining representatives, supervising negotiations to ensure “good faith” bargaining and adjudicating deadlocks (impasses) that might arise during contract negotiations.
National Partnership Council
was established to oversee development of partnerships and provide advice to the administration. Unions were to be seen as full partners in organizational problem solving and performance improvement. Unfair labor practice charges and grievances fell by 40 percent during this period.
outsourcing
job export, automation,
Permanent civil service employees
including those unionized, as the bedrock of government service.
Postal Service Reorganization Act (1970)
provides for supervision of the U.S. Postal Service collective bargaining by the NLRB, none of these three laws or agencies (the Wagner Act, the Taft- Hartley Act and the NLRB) is involved in public sector collective bargaining. Rather, a complex of laws that apply differentially to federal, state, and local governments regulate collective bargaining in the public sector.
ratification
requires support of the negotiated contract by a majority of those voting. For management, it requires that the legislature (state, county, school district) appropriate the funds required to finance the economic provisions of the contract.
recognition and certification
procedures are generally similar in all states; New York State’s Taylor Law was used as a model by many of them. An employer may voluntarily recognize a union as the exclusive bargaining agent for employees in that bargaining unit without a recognition election if the union can demonstrate that a majority of the employees in the bargaining unit want to be represented by that union.
right to work laws
(statutes forbidding unions from requiring applicants to be union members in order to qualify for jobs.
scope of bargaining
is simply the range of issues that applicable law requires or permits to be negotiated during collective bargaining. If the laws specify which issues are included or excluded, the scope of bargaining is considered closed. If no restrictions are placed upon bargainable issues, the scope of bargaining is termed open. Nonetheless, certain issues like agency structure, agency mission, and work methods or processes are usually, but not always, excluded from bargaining because they are management prerogatives.
Taft- Hartley Act (1947)
prohibited labor unions from engaging in unfair labor practices and allowed states to pass right to work laws (statutes forbidding unions from requiring applicants to be union members in order to qualify for jobs).
two-tiered wage and benefit systems
continued growth of service jobs in the secondary labor market), it can be expected that labor unions will not see a resurgence.
unfair labor practices
(statutes forbidding unions from requiring applicants to be union members in order to qualify for jobs).
unit determination
require coordinating mechanisms to ensure that negotiated contracts treat employees equitably.
win-win bargaining
Good faith bargaining requires negotiators to work for the best deal their side can get, while still remaining receptive to the needs of the other party. Experts agree that interest-based bargaining, also called collaborative or win-win bargaining, is the most satisfactory.