NCJ Number
96507
Date Published
1982
Length
15 pages
Annotation
The author describes some of the pioneering features of New York City's Collective Bargaining Law for public employees to illustrate the limits and successes of interest arbitration.
Abstract
Since 1972, New York City has had binding interest arbitration applying to about 200,000 city employees represented by some 50 unions, but excluding teachers and transit workers. The law is administered by a tripartite Board of Collective Bargaining (BCB). The law originally contained provisions for factfinding which were advisory only, but the city has maintained a policy of voluntary compliance with impasse panel recommendations. Once an impasse is determined to exist in negotiations, parties choose a panel consisting of one to three persons. The impasse panel can mediate, hold hearings, compel witnesses to attend, collect records, and take action to resolve the impasse. A party who rejects the panel's recommendations can appeal to the BCB. New York City's law has several distinctive features, including a nonjudicial appellate procedure for review of impasse panel recommendations by the BCB, use of the word impasse instead of arbitration, and a provision to resolve disputes over the scope of bargaining. A decade of experience shows that the process works -- only 3 strikes have occurred and over 600 individual contracts have been negotiated. Only 8.6 percent of all contract disputes have required impasse procedures, demonstrating that the law has not deterred collective bargaining. Lastly, the procedures have worked because city administrations and labor unions have been committed to the collective bargaining process. Sixty footnotes are supplied.