NCJ Number
98302
Date Published
1983
Length
53 pages
Annotation
Despite passage of a large number of State and local public employee bargaining laws, the long delay in enacting laws for public employees and the great differences among these laws can be attributed to government's unique justification for denying employees the right to bargain collectively.
Abstract
It has been argued that collective bargaining by public employees would violate governmental sovereignty, interrupt essential services, interfere with the budgeting process, and conflict with civil service administration. Maryland law grants bargaining rights to the following employees: certified education employees, noncertified education employees, employees of Baltimore County's community colleges and the Montgomery Community College, and employees of the Maryland Mass Transit Administration. Recognizing fundamental differences in services provided by their employees, many other States have granted bargaining privileges to their employees by enacting separate laws for certain groups. Police officers, fire personnel, and teachers are the most frequent groups covered under separate laws. Bargaining units are segregated groups of employees granted bargaining rights under a single employee relations statute. Generally, collective bargaining legislation has been structured to encourage the formation of a limited number of bargaining units. Under many collective bargaining laws, an administrative agency is granted authority to determine if an employee organization represents a majority of persons in a bargaining unit. Further, there is general agreement that certain subjects should be negotiable in bargaining, even in the absence of specific legislation. Among these subjects are wages and salaries, fringe benefits, hours, and working conditions. Issues in negotiation and arbitration are examined, along with agreements and employee-employer rights. A review of provisions in Maryland law related to collective bargaining is presented. 5 references and 10 tables