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Collective Bargaining for Police and Other Essential Services

Collective Bargaining for Police and Other Essential Services
Author: Giuseppe Carabetta
Publisher:
Total Pages: 0
Release: 2025
Genre: Arbitration, Industrial
ISBN: 9781032324081

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"This book examines how collective bargaining disputes are resolved among police and essential service employees. In Australia, as in other common law countries, police and other highly essential employees such as fire-fighters and ambulance officers have long had access to a form of binding arbitration to settle collective bargaining disputes. The traditional arbitration-based system in Australia has, however, been replaced in recent decades with a marked-based collective bargaining system. The current (Fair Work) system restricts access to arbitration, favouring collective bargaining based on the parties' prerogative to make their own agreements, and supported by a limited right to industrial action - including strikes - during bargaining. Yet, police officers, particularly, are subject to considerable restraints on any entitlement to participate in industrial action. The problem is that with limited access to arbitration, and an especially limited right to industrial action, intractable disputes may continue indefinitely, without any impasse-breaking process to prevent the flow-on harms of long-running police disputes. This raises the essential question underpinning this study: what form of dispute resolution system is appropriate to protect both the legitimate industrial interests of police officers, and the community's interest in the uninterrupted provision of essential policing services? The author in his extensive field-work research and his study of international case studies has developed a useful model for mandatory interest arbitration among police and other essential services personnel. The lessons and recommendations in the book offer insights for essential services labour law in Australia and overseas"--


LAW ENFORCEMENT, POLICE UNIONS, AND THE FUTURE

LAW ENFORCEMENT, POLICE UNIONS, AND THE FUTURE
Author: Ron DeLord
Publisher: Charles C Thomas Publisher
Total Pages: 275
Release: 2017-01-01
Genre: Political Science
ISBN: 0398091498

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For the past 40 years, the majority of law enforcement personnel could depend on regular salary increases, better health care, and pension benefits while reaping the advantages of belonging to an organization that was learning how to gain and use political power. However, these peaceful and untroubled days are over. Police unions, despite their best efforts at the bargaining table, now find themselves preparing their members for layoffs, pay and benefit cuts, and more restrictive working conditions. Leaders are trying to fight back against the well-financed, organized efforts to weaken the public sector unions, eliminate collective bargaining rights, end defined benefit pensions, and privatize the job. Police unions must change the way they do business if they want to survive. This book identifies how to mount an effective political campaign, the complexities of confrontations, and the reasons police union leaders fail. The book is divided into five primary parts, each of which explores police union management. Part I focuses on the myriad of police challenges, Part II examines the three reasons union leaders fail, Part III examines the ability to embrace reforms, Part IV discusses the future of policing, and finally, Part V evaluates the national and international perspectives on the current issues that impact policing. Areas of discussion include officer-involved shootings; stopping the growing racial divide between law enforcement and citizens; complex issues concerning body cams; how to use social media effectively; mastering a certain leadership style; changing the culture of unions; more diversity among leadership; and motivating membership. By following the superb analysis and creative ideas for solutions in this book, police labor leaders, law enforcement personnel, and policymakers will see the quality of their efforts improve remarkably.


Police Unionism: Power and Impact in Public-sector Bargaining

Police Unionism: Power and Impact in Public-sector Bargaining
Author: Hervey A. Juris
Publisher:
Total Pages: 264
Release: 1973
Genre: Business & Economics
ISBN:

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Research monograph on the trade union power and impact of police trade unionism in the USA, with particular reference to the collective bargaining frameworks applicable to this branch of the public sector - covers police occupational organizations, Black officers organizations, etc., and examines the impact of trade unions on professionalism and on law enforcement policy. References.


Labor Unions, Management Innovation and Organizational Change in Police Departments

Labor Unions, Management Innovation and Organizational Change in Police Departments
Author: John DeCarlo
Publisher: Springer
Total Pages: 69
Release: 2015-08-25
Genre: Social Science
ISBN: 3319215841

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This Brief examines the role of Police Unions in law enforcement policy development. It provides an overview of the historical and political background of police labor unions, and takes a critical look at the shifting perception of labor unions from generally positive to somewhat negative, to compare this perception with their real impact. It examines the perceived role that unions play, whether positive, negative, or neutral in the development and advancement of contemporary law enforcement agencies and their respective policies. This work provides a multisite survey of police administrators’ views and opinions on police union impact on a variety of police functions including: delivery of services, prevention of crime and disorder, and interaction with the public. The results of this research provide a comprehensive look at ways to improve the ways police departments operate and how they improve and enhance legitimacy in their communities.It provides a context for the current state of the public sector labor relations environment. It will be of interest to researchers in criminology and criminal justice, police science, and public policy.


Police Management--labor Relations

Police Management--labor Relations
Author: Peter C. Unsinger
Publisher: Charles C. Thomas Publisher
Total Pages: 188
Release: 1989
Genre: Law
ISBN:

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Collective Bargaining for Police and Other Essential Services

Collective Bargaining for Police and Other Essential Services
Author: Giuseppe Carabetta
Publisher: Taylor & Francis
Total Pages: 159
Release: 2024-10-14
Genre: Business & Economics
ISBN: 1040183174

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This book examines how collective bargaining disputes are resolved among police and essential service employees. In Australia, as in other common law countries, police and other highly essential employees such as fire-fighters and ambulance officers have long had access to a form of binding arbitration to settle collective bargaining disputes. The traditional arbitration-based system in Australia has, however, been replaced in recent decades with a marked-based collective bargaining system. The current (Fair Work) system restricts access to arbitration, favouring collective bargaining based on the parties’ prerogative to make their own agreements, and supported by a limited right to industrial action — including strikes — during bargaining. Yet, police officers, particularly, are subject to considerable restraints on any entitlement to participate in industrial action. The problem is that with limited access to arbitration, and an especially limited right to industrial action, intractable disputes may continue indefinitely, without any impasse-breaking process to prevent the flow-on harms of long-running police disputes. This raises the essential question underpinning this study: what form of dispute resolution system is appropriate to protect both the legitimate industrial interests of police officers, and the community’s interest in the uninterrupted provision of essential policing services? The author in his extensive field-work research and his study of international case studies has developed a useful model for mandatory interest arbitration among police and other essential services personnel. The lessons and recommendations in the book offer insights for essential services labour law in Australia and overseas.


Regulating Strikes in Essential Services

Regulating Strikes in Essential Services
Author: Moti (Mordehai) Mironi
Publisher: Kluwer Law International B.V.
Total Pages: 618
Release: 2018-11-09
Genre: Law
ISBN: 904119018X

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Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.


The Right to Strike in Public Employment

The Right to Strike in Public Employment
Author: Grace Sterrett Aboud
Publisher:
Total Pages: 72
Release: 1982
Genre: Political Science
ISBN:

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Report and literature survey on the right to strike of public servants in the USA - comments on labour legislation by state (local level), reports on where the right to strike has been granted, and its effect on strike frequency trends from 1963-1980; includes a passage on essential services. Bibliography.


Public Employee Discharge and Discipline

Public Employee Discharge and Discipline
Author: John F. Buckley
Publisher: Wolters Kluwer Law & Business
Total Pages: 0
Release: 2021-02-11
Genre: Local officials and employees
ISBN: 9781454884200

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Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Fourth Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was "the sole" and "but for" cause of discharge under the ADEA, 29 U.S.C. § 623(a) Adoption of Gross "Sole Motive" Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be "a motivating factor" for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that "me too" evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' "stray remarks" were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer "fully applies in the collective bargaining context" City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a "reasonable" search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. § 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. § 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection


Education and Collective Bargaining

Education and Collective Bargaining
Author: Anthony M. Cresswell
Publisher: University Counsel i.e.
Total Pages: 546
Release: 1976
Genre: Political Science
ISBN:

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