scholarly journals Final Offer Arbitration and the State Sector Act

1970 ◽  
Vol 13 (1) ◽  
Author(s):  
Alan Geare
Keyword(s):  
Dispute Settlement ◽  
Parental Leave ◽  
The State ◽  
Annual General ◽  
State Sector ◽  
Labour Relations ◽  
Compulsory Arbitration ◽  
Final Offer

The first version of the State Sector Bill (State Sector Bill {l)) specified that the Labour Relations Act 1987 would apply in the State Services with respect to dispute settlement Under the Labour Relations Act 1987, the procedure of conciliation may be used only in situations involving two or more employers (s.l34(4)). Hence, to be consistent, conciliation was not available as an option in the state services. Furthennore, arbitration under the Labour Relations Act only operates when both parties agree to its use, and thus compulsory arbitration is no longer available. Thus, the State Sector Bill (I) presented the state unions with the scenario of losing their right to annual general adjusunents and with the possibility of arbitration no longer being available (should the State Services Commission (SSC) or the corresponding "employer" refuse to agree to arbitration). In addition to these very real problems, there were also fears among some groups that they would/could lose other rights (such as parental leave) not written into detern1inations or otherwise provided for in legislation. Some state unions deplored the fact that State Sector Bill (1) encouraged strike action - and went out on strike in protest. After protests and strike action, and further submissions, a second version of the State Sector Bill appeared dated 16 March 1988. This, State Sector Bill (2), provides the basis for the following discussions. It is assumed the State Sector Act, due to take effect from April 1, will not be significantly altered from this.

scholarly journals The new jurisdiction: the impact of the Labour Relations Act

1970 ◽  
Vol 13 (3) ◽  
Author(s):  
John Hughes
Keyword(s):  
Trade Unions ◽  
Training Group ◽  
The State ◽  
Grievance Procedure ◽  
State Sector ◽  
Labour Relations ◽  
The Impact ◽  
And Training ◽  
The Way

The new jurisdiction conferred on the Labour Court by Part IX of the Labour Relations Act 1987 has a number of facets. First, there has been a widening of the categories of worker who may use the procedure, not only under the 1987 Act but also by virtue of the State Sector Act 1988. Secondly, there have been substantial changes to the way in which the personal grievance procedure operates. Thirdly, the grounds upon which a personal grievance claim may now be brought have been expanded. Fourthly, the available remedies, whilst not substantially changed, have been "tidied up". The treatment of these changes in this paper will be selective. The procedural changes have been excellently covered in Mike Dawson's indispensable guide Handling Personal Grievances Under the Labour Relations Act 1987 (Canterbury Trade Unions Research and Training Group/UEA, 1988). I would like to take the opportunity to highlight what seem to me to be some of the more far-reaching changes and, in the course of the paper, touch only lightly on the distinctly "procedural" aspects of the changes since the Labour Relations Act 1987 carne into force. Surprisingly few decisions so far have turned on the new provisions. Most retread the familiar ground of unjustifiable dismissal.

scholarly journals Deference and Defiance: The Changing Nature of Petitioning in British Naval Dockyards

2001 ◽  
Vol 46 (S9) ◽  
pp. 131-150 ◽  
Author(s):  
Ken Lunn ◽  
Ann Day
Keyword(s):  
Nineteenth Century ◽  
Trade Unions ◽  
The State ◽  
British History ◽  
State Sector ◽  
Labour Relations

Petitioning as a method of expressing grievances in British history was not peculiar to any particular set of individuals, but was widely used by all sections of society for a range of issues. Given its origins, however, it became ritualized as the means of labour negotiation for workers who were employed by the state, and, by the nineteenth century, by municipal authorities. This was before the institutionalization of trade unions and their recognition as representative agencies for industrial bargaining. One of these groups of workers in the state sector were naval dockyard employees, engaged in the construction, repair, and maintenance of British naval ships. For these workers, the nature of labour relations, and the importance of petitioning as an instrument of negotiation between employees and employer, was both complex and dynamic.

scholarly journals An offer they can't refuse: the imposition of final offer arbitration in the New Zealand state sector

1970 ◽  
Vol 13 (1) ◽  
Author(s):  
Karen Roper
Keyword(s):  
New Zealand ◽  
Potential Application ◽  
Industrial Relations ◽  
The Other ◽  
Press Statement ◽  
State Sector ◽  
Compulsory Arbitration ◽  
Final Offer ◽  
The Subject ◽  
The Government

On 10 March 1988, three :months to the day after the introduction of the State Sector Bill, the Government announced a nun1ber of changes to the Bill, arnongst which was the following: A provision will be included in the law that will allow the negotiating parties to a particular document to agree to a compulsory arbitration arrange1nent in return for a "no-strike" commitment from the union. The type of arbitration available will be "final offer" arbitration where the Arbitration Commission must choose between the whole position put forward by one party or the other and cannot go "down the middle" (Goverrunent Press Statement, March 10, 1988). Final offer arbitration (FOA) is a new concept for the New Zealand industrial relations system. It was not canvassed in the Buff Paper. Its potential application in this country has certainly not been the subject of debate amongst industrial relations practitioners. This is typical of the way in which this Bill was processed from its introduction. It bodes ill for the future of such an alien elernent in state sector bargaining.

scholarly journals Compulsory arbitration and the state sector

1970 ◽  
Vol 12 (3) ◽  
Author(s):  
Herbert Roth
Keyword(s):  
New Zealand ◽  
Private Sector ◽  
The State ◽  
Government Employees ◽  
State Sector ◽  
Clear Cut ◽  
Compulsory Arbitration ◽  
Recent Developments ◽  
The Government ◽  
State Employee

"Nothing in this Act shall apply to Her Majesty the Queen, or any department of the Government of New Zealand", said section 91 of the original Industrial Conciliation and Arbitration Act of 1894, but there was a saving sentence "except as herein is otherwise expresslly provided". What was expressly provided was spelled out in Part lV. sections 82 to 84 which applied the act to the govemment railvays. This raises two questions: Why were railwaymen included in a measure which otherwise applied to the private sector only? and, why were railwaymen the only government employees covered by the arbitration act? My paper addresses these questions and reaches the conclusion that fear of a national transport strike as the main reason for the inclusion of railwaymen though the reasons for the exclusion of other government employees are less clear-cut. The paper then explores the attitudes of state employee organisations to the compulsory arbitration system up to the establishment of the first wagefixing tribunal in the state sector, patterned on the Arbitration Court, in 1944, and concludes with a brief survey of more recent developments.

Analysis of relations in the state sector of Russian public procurement

2018 ◽  
pp. 106-126
Author(s):  
O. V. Anchishkina
Keyword(s):  
Current Practice ◽  
Public Procurement ◽  
The State ◽  
Market Failures ◽  
Administrative System ◽  
State Sector ◽  
Contractual Relations ◽  
State Organizations ◽  
State Organization ◽  
Negative Factors

The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity of public procurement in the situation of growing strategic challenges. Measures are proposed for the adjustment and privatization of contractual relations.

scholarly journals An exploration into the opportunities and constraints for career progression into leadership roles for School Business Managers in the state sector in England

2021 ◽  
pp. 089202062199967
Author(s):  
Josephine Marchant
Keyword(s):  
Career Progression ◽  
The State ◽  
Research Approach ◽  
Leadership Roles ◽  
Business Managers ◽  
Structured Interviews ◽  
State Sector ◽  
Education Professionals ◽  
School Business ◽  
Survey Responses

Drawing on data from 116 survey responses by School Business Managers, and 7 semi-structured interviews with education professionals carried out between October 2017 and February 2018, this article reports on findings from a research project focussing on the opportunities and constraints for career progression into leadership roles for School Business Managers (SBMs) in the state sector in England. The article considers the differing roles and responsibilities of SBMs, how leadership is perceived in schools, the visibility of the SBM role, career aspirations of the SBMs who were surveyed, and the perceived constraints to progression to leadership roles. Analysis of the data was carried out using an inductive research approach using mixed methods. Snowballing was used to obtain a meaningful sample size for survey responses. Interviewees were chosen on the basis of judgement sampling. The sampling design for the survey and the interviews was one of non-probability. Findings suggest that leadership roles for SBMs do exist but that there are considerable constraints to these being achieved, not least the lack of appetite amongst SBMs to do so.

scholarly journals Comparing sources of stress for state and private school teachers in England

2021 ◽  
pp. 136548022110247
Author(s):  
Jude Brady ◽  
Elaine Wilson
Keyword(s):  
Private Sector ◽  
Private School ◽  
Secondary Phase ◽  
The State ◽  
School Teachers ◽  
High Stakes ◽  
State Sector ◽  
Work Related ◽  
Decisions To Leave ◽  
Related Stress

Teaching is understood to be a highly stressful profession. In England, workload, high-stakes accountability policies and pupil behaviour are often cited as stressors that contribute to teachers’ decisions to leave posts in the state-funded sector. Many of these teachers leave state teaching to take jobs in private schools, but very little is known about the nature of teachers’ work in the private sector. This research addresses this gap in knowledge and compares the sources of stress experienced by 20 teachers in the state sector to those of 20 teachers in the private sector. The paper is based on qualitative data from a larger study. It analyses data collected in interviews and focus groups with classroom teachers and middle leaders working in mainstream primary and secondary phase education in England. The results emphasise state school teachers’ acute distress in relation to workloads driven by accountability cultures. In comparison, private school teachers report less intense experiences of work-related stress, but some identify demanding parents as a concern. The research’s novelty lies in this comparison between sectors and these sector specific insights may help to focus school leaders’ efforts to improve teaching conditions in both sectors.

Restructuring of State Enterprises as a Prerequisite for Economic Growth in the Republic of Serbia

2021 ◽  
Vol 59 (1) ◽  
pp. 1-22
Author(s):  
Edvard Jakopin ◽  
Aleksandar Gračanac ◽  
Jugoslav Aničić
Keyword(s):  
Economic Growth ◽  
Institutional Environment ◽  
Legal Framework ◽  
The State ◽  
Balance Sheets ◽  
State Sector ◽  
Business Operation ◽  
Exogenous Shocks ◽  
The Republic ◽  
State Enterprises

AbstractThis study of the performance of state-owned enterprises in Serbia has shown that the state has great difficulties managing the enterprises that are in its portfolio and under its control. The adaptation of state-owned enterprises to exogenous shocks unfolds at a slow pace and is faced with many problems. The institutional environment for the strategic restructuring of the state sector is not in the service of strengthening the efficiency of its business operation. The study has shown that the economic performance of state-owned enterprises exerts a direct influence on economic growth, the budget, government balance sheets, and debt. While the “healthy” enterprises (the ones conducting their business successfully) are valuable state-owned property, enterprises with a loss or over indebted enterprises are obligations which demand intervention through the injection of additional capital or through other forms of help from the state. The main goal of restructuring state-owned enterprises is to improve responsibility and efficiency. The array of measures for improving efficiency ranges from modifications of the legal framework and corporate governance of socially owned enterprises (including corporatization and separation of activities) to the sale of property to the private sector or complete privatization. Reforms are aimed at improving the transparency and responsibility of state-owned enterprises, not just for the purpose of efficiency, but also for the purpose of harmonization with the ethical and deontological requirements.

The State Sector

1998 ◽  
pp. 144-169
Author(s):  
Henry Tam
Keyword(s):  
The State ◽  
State Sector

scholarly journals Waiting for the next wave: trajectories, narratives and conveying the state of public sector reform

2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Evert Lindquist
Keyword(s):  
New Zealand ◽  
Public Sector ◽  
Public Management ◽  
New Public Management ◽  
Economic Transformation ◽  
The State ◽  
Government Officials ◽  
State Sector ◽  
Democratic Reform ◽  
New Public

With the adoption of the State Sector Act in 1988, the New Zealand public sector revolution was in full motion. The Act was one of many initiatives that provided a new framework for government and managing public services (Boston et al., 1996; Scott, 2001). New Zealand rapidly became the poster child for what became known as the New Public Management, and an archetype scrutinised around the world. The audacity and intellectual coherence of the New Zealand model became a standard against which the progress of other governments was judged. These reforms were part of  a larger social and economic transformation which led to dislocation and democratic reform. In the crucible of introducing and implementing these reforms, and in the inevitable re-adjustment phases, New Zealand gained a reputation for continuous reflection on its progress by its political leaders, government officials and a small band of impressive academics.

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