COMPULSORY ARBITRATION - THE END OF THE LINE IN THE POLICE FIELD

• NCJ Number: 9095
• Journal: Public Personnel Management Volume: 2 Issue: 1 Dated: (JANUARY/ FEBRUARY 1973) Pages: 4-8
• Author(s): M S WORTMAN; C E OVERTON
• Date Published: 1972
• Length: 5 pages
• Corporate Author: International Personnel Management Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE IMPACT OF THE 1968 RHODE ISLAND LAW FOR COMPULSORY ARBITRATION ON POLICE COLLECTIVE BARGAINING IS EXAMINED ALONG WITH ITS IMPLICATIONS FOR THE REST OF THE U.S.

Abstract

SINCE 1965, SIX STATES (WYOMING, RHODE ISLAND, PENNSYLVANIA, MICHIGAN, HAWAII, AND VERMONT) HAVE ENACTED LEGISLATION THAT USES COMPULSORY ARBITRATION AS ONE SOLUTION TO COLLECTIVE BARGAINING IMPASSES IN THE PUBLIC SECTOR. THE 1968 RHODE ISLAND STATUTE, LIKE THOSE IN THE OTHER FIVE STATES, PROVIDES FOR A THREE-MEMBER BOARD AND FOR AN AWARD THAT IS BINDING ON ALL PARTIES TO THE DISPUTE. THE PURPOSE OF THE RHODE ISLAND LAW WAS TO GIVE POLICE OFFICERS RIGHTS SIMILAR TO THOSE OF WORKERS IN THE PRIVATE SECTOR. WHEN 12 RHODE ISLAND COMMUNITIES WERE STUDIED CLOSELY AFTER SEVERAL YEARS' USE OF THE LAW, IT WAS FOUND THAT THE LARGER THE MUNICIPALITY THE MORE LIKELY COMPULSORY ARBITRATION WAS TO BE USED. HOWEVER, THE INFORMALITY OR FORMALITY OF A HEARING TENDED TO DEPEND ON THE PERSONALITIES OF THE ARBITRATORS RATHER THAN ON THE SIZE OF THE MUNICIPALITY. OVERALL, BOTH CITY ADMINISTRATORS AND THE POLICE AGREED THAT COMPULSORY ARBITRATION DID HAVE A MOTIVATING IMPACT ON COLLECTIVE BARGAINING. PROBLEMS INCLUDED THE HIRING OF COMPETENT ARBITRATORS AND THE REVERSION BY BOTH PARTIES TO THEIR ORIGINAL BARGAINING POSITIONS WHEN A COMPULSORY ARBITRATION BOARD WAS APPOINTED, EVEN IF THE TWO PARTIES HAD ALREADY AGREED ON MANY OF THE ISSUES. THE STATUTE SHOULD BE AMENDED SO THAT ONLY ISSUES THAT HAVE RESULTED IN AN IMPASSE ARE DECIDED BY THE BOARD. A THIRD PROBLEM IS THE 1-YEAR LIMITATION IMPOSED ON EACH BARGAINING CONTRACT; THIS LIMITATION ESSENTIALLY ALLOWS ONLY CRISIS BARGAINING AND SHOULD BE EXPANDED. ALTHOUGH GOVERNMENT OFFICIALS OPPOSE COMPULSORY ARBITRATION BECAUSE IT DIMINISHES THEIR CONTROL OF WAGES, HOURS, AND WORKING CONDITIONS, THE POSITIVE EXPERIENCE OF PERSONNEL AND LABOR RELATIONS DIRECTORS AND UNION LEADERS SHOULD STIMULATE IMPLEMENTATION OF ARBITRATION IN MANY STATES AND MUNICIPALITIES. REFERENCES ARE INCLUDED. (MHP)