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Chapter 3
Chapter 3 Public Sector Labor Relations History and Law
31
Business
Undergraduate 3
04/25/2014

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Term
Memphis Sanitation Strike
Definition
African American sanitation workers went on strike in order to be paid minimum wages. It became a civil rights issue when Martin Luther King Jr. joined in the marches and demonstrations. Rev. King was assassinated in Memphis after delivering his famous “I have been to the mountaintop” speech. The strike ended eight days after his death.
Term
Home Rule
Definition
A flexible grant of powers from the state to municipalities to determine their own goals without their own goals without interferences from the state legislature or state agencies. Applies to Local Governments
Term
Dual Sovereignty
Definition
The sharing of governmental power between the federal and state governments Under the U.S constitution all powers not granted to the federal government are reserved for the states.
Term
Spoil System
Definition
• Spoils System :In the early 1800s this patronage system for the federal government meant that workers were hired on the basis of who they supported in elections. Employees were expected to support political candidates or lose their job.
Term
Pendelton Act
Definition
Created the federal merit system to address the abuses of the spoil system; administered open competitive examinations protected employees from being fired for political reasons; and provided that Congress set the wages for Federal workers.
Term
• Fraternal Organizations
Definition
A union that represents public employees in one profession and began as a professional organization before widespread collective bargaining by public employees.
Term
• Hatch Act
Definition
Passed in 1939 amended in 1993, the Hatch act limited the political activities of federal employees to shield workers from political pressure and ensure that the resources of the federal government were not used to favor a political party.
Term
• Civil Service System:
Definition
A governmental system of employment based on merit. Employee selections are based on examination scores or an assessment of experience and abilities. Promotion advancement and discipline are based on job performance.
Term
• Sovereignty Doctrine:
Definition
• Sovereignty Doctrine: The unrestricted and paramount power of the people to govern. In the public sector this doctrine is presented as a basic reason for not allowing employees to have collective bargaining rights or the right to strike their public employees.
Term
• Executive Order (10988)
Definition
The executive order signed by President John F Kennedy 1962 allowing federal employees bargaining representation forms of employee recognition and the right to collective bargaining.
Term
• Civil Service Reform Act of 1978
Definition
Act designed to reform the outdated federal civil service structure modeled after NLRA. Created the Federal labor relations Authority to oversee labor management creations within the federal government.
Term
• Public Sector Only Union
Definition
• Public Sector Only Union: A union that organizes multiple sectors of public employees but does not organize in the private sector.
Term
Mixed Union
Definition
A union that represents both public and private sector employees
Term
• Pattern Bargaining
Definition
collective bargaining practice in which a national union strikes to establish equal wages and benefits from several employers in the same industry. The unions uses the negotiated contract of one company to serve as a model contract for the entire industry.
Term
• “Me Too”
Definition
Public Sector Union demands for equal treatment when one union receives something of value.
Term
• FOIA
Definition
So called Freedom of information’s acts or open records makes documents of public entities generally available to all citizens. In public sector collective bargaining often-financial information of a public entity is generally available to all bargaining units.
Term
• Multilateral Bargaining
Definition
Generally refers to negotiations in the public sector where the authority to commit to a collective bargaining agreement may be shared by the executive and legislative branch’s and thus three parties are involved in the negotiations.
Term
Executive Legislative
Definition
A form of government such as federal and state governments and most large cities, when both the executive and the legislature are considered management. But with different roles. The executive managers the government on a day-to-day basis under directives, particularly budgetary directives of the legislative body.
Term
• Sunshine Laws
Definition
Statues requiring that the official business of government be conducted in public sometimes requiring that public sector collective bargaining sessions be open to the public.
Term
• Union Security
Definition
The Provisions of collective bargaining agreements that directly protect and benefit the union such as dues check-off and union shops.
Term
Free Riders
Definition
Employees within a bargaining unit who choose not to join the union that bargains for an agreement but are required to pay a fee to the union to provide their share of the costs associated with negotiations. (usually 80-85 percent of the regular union dues.)
Term
Fair Share
Definition
A sum of money paid in lieu of union dues, which represents the benefit a nonunion member of the bargaining unit gets from collective bargaining and contract administration by the union.
Term
Right to Strike
Definition
For employees in the private sector the right to strike is guaranteed by the NLRA but public employees are generally prohibited from striking, making the right to strike a major issue for public sector unions.
Term
Patco Strike
Definition
The first declared national strike against the federal governments resulted not only in the firing of all striking PATCO workers but also in the prohibition of any PATCO striking workers from ever working again as an air traffic controller. ( Professional Air Traffic Controllers)
Term
Mediation
Definition
the introduction of a neutral third party into a grievance situation or collective bargaining impasse. Although mediators have no decision.
Term
Fact Finding
Definition
A dispute resolution procedure in which a neutral third party reviews both sides of a dispute and then publicly recommends a reasonable solution.
Term
• Advisory Arbitration:
Definition
for the public. For Often in public sector collective bargaining the parties to submit an unresolved dispute to an unbiased third party who examines the impasse and issues finding and recommendations. While not binding the findings may move the process along by making reasonable recommendations.
Term
Interest Arbitration
Definition
A process used to resolve an impasse in negotiations where the parties submit the unresolved items to a neutral third party to render a binding decision.
Term
• Privatization
Definition
When governmental employees are replaced with private sector workers through a contract with an outside employer for the purpose of reducing overall costs.
Term
• School Vouchers
Definition
NEA and AFT have citied “school voucher” programs as a major concern for public employees. Critics of public schools have advocated tuition voucher programs, which provide families with public funds that could be used for private school tuition including religious based school tuition. Advocates of school vouchers contend that giving families a choice will force public schools to improve to stay competitive. Proposition 75- This imitative would have required unions to obtain annual written consent from government unions employees before union dues could be spent for political purposes. Proposition 74: This initiative would have increased the period required for teachers to become a permanent employee ( become tenured) from two years to five years. In addition, it would have changed the process by which school boards can terminate a permanent teacher. Thus, opponents criticized the measure as a threat to the job security of teachers. Proposition 76- This initiated called “Live within our means” act would have limited state and school spending prohibited state borrowing and given the governor the power to reduce public employees compensation.
Term
furloughs
Definition
nvoluntary, unpaid and temporary leaves of absence from employment recently used by governments to balance budgets without laying off employees.
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