Unionization in Utah's Municipalities: A “Right-to-Work” Case Study

1986 ◽  
Vol 15 (3) ◽  
pp. 263-279
Author(s):  
P. Artell Smith ◽  
A. Wayne Owen
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Private Sector ◽  
Dispute Resolution ◽  
The United States ◽  
Public Employee ◽  
Resolution Process ◽  
Right To Work ◽  
Dispute Resolution Process ◽  
Recommendations For Action

In recent years a dramatic increase has been seen in the number of public sector employees involved in union activities. Local government entities encompass some of the most fertile union ground in the United States. This increase in public sector unionism is proportional to declines in private sector unionism. For traditionally private sector unions to compensate for membership declines, it became necessary for labor organizations to move into areas which had largely been untapped and unorganized. States, like Utah, which do not have statutes permitting the recognition of public sector employee unions, but which do have right-to-work laws, present unique problems for labor unions. This study presents the findings of a survey assessing the status of public employee unions in Utah's municipalities given the absence of a public sector bargaining statute and the presence of a right-to-work law. Key indicators include local administrators' understanding of “right-to-work,” the size and type of municipality, the frequency of collective bargaining agreements, the frequency of formal recognition of public employee groups, the relationship between the presence or absence of collective bargaining agreements and the employee dispute resolution process, collective bargaining agreements and the employee dispute resolution process, collective bargaining agreements and the employee dispute resolution process, and the municipalities' reasons for employee group recognition or non-recognition. The findings are followed by specific recommendations for action.

Labor's Enduring Divide: The Distinct Path of Public Sector Unions in the United States

2014 ◽  
Vol 28 (2) ◽  
pp. 175-200 ◽  
Author(s):  
Alexis N. Walker
Keyword(s):  
United States ◽  
Public Sector ◽  
Collective Bargaining ◽  
Private Sector ◽  
Labor Law ◽  
Union Density ◽  
The United States ◽  
Private Sector Union ◽  
Public Sector Employees ◽  
Public Sector Unions

Why did public sector unionization rise so dramatically and then plateau at the same time as private sector unionization underwent a precipitous decline? The exclusion of public sector employees from the centerpiece of private sector labor law—the 1935 Wagner Act—divided U.S. labor law and relegated public sector demand-making to the states. Consequently, public sector employees' collective bargaining rights were slow to develop and remain geographically concentrated, unequal and vulnerable. Further, divided labor law put the two movements out of alignment; private sector union density peaked nearly a decade before the first major statutes granting public sector collective bargaining rights passed. As a result of this incongruent timing and sequencing, the United States has never had a strong union movement comprised of both sectors at the height of their membership and influence.

scholarly journals Impasse Procedures: The American Experience

1970 ◽  
Vol 3 (1) ◽  
Author(s):  
Don J. Turkington
Keyword(s):  
United States ◽  
Public Sector ◽  
Collective Bargaining ◽  
Private Sector ◽  
Public Service ◽  
Industrial Relations ◽  
The United States ◽  
Representative Democracy ◽  
Government Services ◽  
American Experience

Recent American industrial relations have been characterized by experimentation with alternatives to the strike. Much of this experimentation is the result of public sector workers gaining access to collective bargaining while continuing to be denied access to the strike. In the United States, as in many countries, governments have taken the view that their employees should not strike. Considerations of public service, sovereignty and representative democracy, essentiality of government services and of the lack of some private sector restramts underlie this view

scholarly journals THE MEDIATING ROLE OF CORPORATE ENTREPRENEURSHIP FOR EXTERNAL ENVIRONMENT EFFECTS ON PERFORMANCE

2013 ◽  
Vol 14 (Supplement_1) ◽  
pp. S328-S357 ◽  
Author(s):  
Claudine Kearney ◽  
Robert D. Hisrich ◽  
Bostjan Antoncic
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Organizational Performance ◽  
External Environment ◽  
Corporate Entrepreneurship ◽  
The United States ◽  
Mediating Effect ◽  
Integrative Model ◽  
The Public ◽  
Private Sector Organizations

A model is proposed that tests the antecedents and the mediating effect of corporate entrepreneurship on the external environment-performance relationship within private and public sector organizations. Hypotheses were tested using data from a sample of chief executive officers in 51 private sector organizations in the United States, 141 private sector organizations in Slovenia and 134 public sector state and semi-state enterprises in Ireland. Data was analyzed using hierarchical regression analysis. The results show that dynamism and munificence effects on performance are mediated by an organization's corporate entrepreneurship in the private sector and munificence effects on performance are mediated by an organization's renewal in the public sector and that renewal must be in place to maximize the effect of munificence on performance. The results support a model that incorporates an extensive and diverse literature into a single model and helps illuminate similarities and differences of corporate entrepreneurship between the private sector and the public sector. The study shows that an integrative model and the interplay among the constructs yields new insights unavailable to single and focused approaches. It offers new insights about corporate entrepreneurship, not only as a discrete pursuit, but also as a construct that shapes and extends organizational performance.

scholarly journals Mekanisme Majelis Tahkim Dalam Penyelesaian Sengketa Rumah Tangga (Analisis Enakmen Undang-Undang Keluarga Islam Nomor 2 Tahun 2003 Seksyen 48 tentang Penambahan Kaedah-Kaedah Hakam di Mahkamah Rendah Syariah Shah Alam, Selangor, Malaysia)

2020 ◽  
Vol 20 (1) ◽  
pp. 75
Author(s):  
Muslem Muslem ◽  
Siti Aminah Binti Abd Samat
Keyword(s):  
Dispute Resolution ◽  
Family Law ◽  
Assembly Process ◽  
Knowing How ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Islamic Family Law ◽  
Descriptive Method ◽  
Husband And Wife

Majelis Tahkim sebagai proses penyelesaian sengketa (syiqāq) yang melibatkan pertemuan suami dan isteri bersama dengan Hakam untuk tujuan perdamaian atau perceraian dengan lafaz talak atau dengan khuluk. Berdasarkan fakta empiris menyatakan bahwa salah satu provinsi yang paling menonjol menggunakan metode Majelis Tahkim ini adalah Provinsi Selangor. Sebagaimana yang diketahui oleh penulis bahwa praktek Majelis Tahkim di Mahkamah Rendah Syariah Shah Alam menggunakan Kaedah-Kaedah Hakam yang diterapkan khusus di Provinsi Selangor sahaja yang berbeda dengan provinsi yang lain di Malaysia. Penelitian ini bertujuan untuk mendapatkan gambaran bagaimana praktek Enakmen Undang-Undang Keluarga Islam Nomor 2 Tahun 2003 Seksyen 48 mengenai penambahan Kaedah-Kaedah Hakam (Negeri Selangor) terhadap pelaksanaan Majelis Tahkim dalam penyelesaian sengketa rumah tangga (syiqāq) di Mahkamah Rendah Syariah Shah Alam. Penulisan skripsi ini adalah bertujuan untuk mengetahui bagaimana mekanisme Majelis Tahkim dalam penyelesaian sengketa rumah tangga dan keunggulan Kaedah-Kaedah Hakam yang digunakan. Oleh itu, penulisan ini menggunakan metode deskriptif analisis. Dari hasil penelitian penulis dapat disimpulkan bahwa mekanisme Majelis Tahkim dalam penyelesaian sengketa rumah tangga di Mahkamah Rendah Syariah Shah Alam menggunakan Kaedah-Kaedah Hakam terdapat beberapa keunggulan antaranya menjelaskan tentang Hakam dan proses Majelis Tahkim secara rinci sebagai panduan Hakam. Seterusnya, proses Majelis Tahkim ini mampu mengurangi beban Mahkamah Syariah dalam menyelesaikan kasus yang banyak di meja Mahkamah. Oleh hal yang demikian, diharapkan bagi pihak kerajaan perundangan untuk memberlakukan Kaedah-Kaedah Hakam ini bagi semua provinsi di Malaysia agar Hakam mendapatkan panduan lebih mendalam terkait Hakam dan proses Majelis Tahkim. Tahkim Assembly as a dispute resolution process (SYIQĀQ) involving a husband and wife meeting along with Hakam for peace or divorce with the pronunciation of Talak or with Khuluk. According to empirical facts, it states that one of the most prominent provinces using the method of the Tahkim assembly is Selangor province. As it is known by the authors that the practice of the Tahkim assembly in Shah Alam Sharia court used the essential methods applied in the province of Selangor only different from other provinces in Malaysia. This study aims to obtain an overview of the enactment of Islamic Family Law number 2 the year 2003 section 48 on the addition of the Hakam methods (Selangor State) on the implementation of the Tahkim assembly in the settlement of household disputes (SYIQĀQ) in the Syariah low court of Shah Alam. The writing of this thesis is aimed at knowing how the Tahkim assembly mechanisms in the settlement of household disputes and the excellence of the Hakam methods used. Thus, this writer uses a descriptive method of analysis. From the results of the author's research can be concluded that the mechanism of the Tahkim assembly in the settlement of household disputes in Shah Alam Syariah low court using the essential methods there are several advantages between explaining Hakam and the process of Tahkim assembly in detail as a guide to Hakam. Subsequently, the Tahkim assembly process was able to reduce the burden of sharia Court in resolving many cases at the Court table. Therefore, it is expected for the legal government to enforce this Hakam method for all provinces in Malaysia for Hakam to obtain a more in-depth guide to the Hakam and the process of the Tahkim assembly.

Assessing the Effectiveness of Florida's Impasse Resolution Procedures: A Survey of Public Sector Practitioners

1988 ◽  
Vol 17 (3) ◽  
pp. 253-260 ◽  
Author(s):  
Kenneth M. Jennings ◽  
Steven K. Paulson ◽  
Steven A. Williamson
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Dispute Resolution ◽  
Public Employees ◽  
Regression Analyses ◽  
Perceived Effectiveness ◽  
Frequency Distributions ◽  
The Public ◽  
The Right ◽  
Impasse Resolution

Public employees in Florida have been permitted by law since 1974 to engage in collective bargaining with their employers. Along with the right to engage in collective bargaining, the law established a dispute resolution process for resolving bargaining impasses in lieu of the strike, which was strictly prohibited. This law also established the Public Employees Relations Commission (PERC), which was created to oversee the process. The present study was designed to evaluate the effectiveness of the present impasse procedure as perceived by the concerned parties. This study was exploratory in nature and designed to provide PERC and thus the Florida Legislature with the documentation required for review of the present law. A total of 1,150 questionnaires were mailed to union representatives and public employers. A 45 percent return rate was achieved. The return was approximately equally divided between the unions and the employers. Frequency distributions of these responses and regression analyses are presented and conclusions are drawn as to the perceived effectiveness of the process.

scholarly journals An Exploration into Challenges Facing Public Sector Labor Relations: A Literature Review and Analysis

2014 ◽  
Vol 3 (4) ◽  
pp. 1 ◽  
Author(s):  
Michael Chambers
Keyword(s):  
Public Sector ◽  
Literature Review ◽  
Collective Bargaining ◽  
Private Sector ◽  
Scientific Literature ◽  
Labor Relations ◽  
Labor Management ◽  
Public Managers ◽  
Public Sector Unions ◽  
Union History

This analysis explores some of the challenges facing public managers in nurturing their relationship and partnership with public-sector unions. It begins with a discussion of the background that elaborates on union history, discussing the birth of unions, the fall of private-sector unions, and the rise of government unions.  This is followed by a review of the relevant professional and scientific literature to better develop the topic and focus the analysis.  As the field of government labor-management relations is complex, the unique characteristics of government labor-management relationships that are lacking in the private-sector context necessitate a practitioner approach and an integrated synthesis of the literature. The analysis concludes that when collective bargaining is applied to public-sector business, it must be tailored to achieve proper alignment with taxpayers, who are the major stakeholders in public-sector services.

scholarly journals Public Employment, Collective Bargaining and the Conventional Wisdom : Canada and U.S.A.

2005 ◽  
Vol 21 (3) ◽  
pp. 406-435
Author(s):  
W. B. Cunningham
Keyword(s):  
United States ◽  
Collective Bargaining ◽  
Private Sector ◽  
Public Service ◽  
Industrial Relations ◽  
The United States ◽  
Conventional Wisdom ◽  
Public Employment ◽  
The Public ◽  
State Of Affairs

The author states that the conventional wisdom has viewed collective bargaining in the public service as unnecessary, impractical and illegal. And he adds that, in general, and until recently, the prevailing practices in the United States and Canada have been in close harmony with the conventional wisdom. But the restless change of events threatens the existing state of affairs, described by the conventional wisdom, with progressive obsolescence. And the author answers the two following questions: Can the industrial relations system of the private sector be applied to public employment? To what extent does the nature of government employment raise unique problems? The enemy of the conventional wisdom is not ideas but the march of events. J.K. GALBRAITH, « The Affluent Society »

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