NCJ Number
94686
Date Published
1979
Length
33 pages
Annotation
Policy development on four major elements of collective bargaining is traced: (1) the right to bargain, (2) impasse resolution, (3) scope of bargaining, and (4) union security.
Abstract
After World War II, public-employee organizaitons grew and organized more effective strikes than previously. Soon after, in 1947, States began to pass antistrike laws. Then, in the 1950's, States passed laws which sponsored formal bilateralism for some groups of employees. In the early 1960's, California, Massachusetts, Oregon, and Rhode Island statutorily granted the right to organize. General acceptance of the concept of a legal duty on the part of the employer to bargain in good faith was brought nearer by the passage of Federal Executive Order 10988 and Wisconsin's pioneering law for municipal employees. From 1965-67, six more States moved by statute to a modified National Labor Relations Act model. By 1977, 18 States had laws including compulsory arbitration in some form for some groups of employees. While some consistency can be seen in the formation of policy regarding impasses, the question of scope of bargaining resists orderly analysis. One of the statutory developments of the 1970's, the rapid acceptance of union-security provision, ranging from the fair-share service fee to, in a few cases, anything short of the closed shop, is examined. The trend toward bilateral responsibility for pay, hours, and working conditions, is noted. Ninety-eight footnotes are provided.