NCJ Number
95426
Journal
Wisconsin Law Review Volume: 1979 Issue: 1 Dated: (1979) Pages: 167-189
Date Published
1979
Length
23 pages
Annotation
A new Wisconsin statute regarding mediation and arbitration for municipal employees provides a viable procedure for resolving breakdowns in collective bargaining, at least in the short run, but the law's long-term effectiveness may be undermined by several factors.
Abstract
These include pressures on the mediator-arbitrator, the potential impact of the law on the scope of bargaining, and the limitations placed on the right to strike. The new provisions of the Municipal Employment Relations Act (MERA) establish a final offer mediation-arbitration procedure for achieving finality in municipal labor negotiations. The act also gives municipal employees the right to strike for a contract. Under MERA, employees in weaker unions will no longer be forced to rely on employer benevolence for reasonable contract provisions. More responsible labor-management relationships may thus result. However, over the long run, comparability and the ability of the municipal employer to pay as the main standards for arbitration awards, may create a stagnant collective bargaining atmosphere. The sophistication of the bargaining parties will be crucial. In addition, the right to strike exist only in specified situations (the consent of the employer is required), and the penalties for illegal strikes are more severe. The MERA approach may be a step toward the full establishment of the public employee's right to strike, rather than a permanent fixture. A total of 122 footnotes containing references are supplied, and the appendix outlines the final offer arbitration procedure under MERA.