scholarly journals Dispute Settlement in the Public Sector : The Canadian Scene

2005 ◽  
Vol 28 (2) ◽  
pp. 267-294 ◽  
Author(s):  
Shirley B. Goldenberg

A brief overview of the current provisions for impasse resolution at all levels of public employment is followed by a more detailled discussion of policy and practice in jurisdictions that grant the right to strike to the employees of senior levels of government. Finally, the author tries to identify some of the problems that complicate the settlement of disputes in the public sector and considers the challenge and the prospects of resolving these problems in the light of the Canadian experience.

1988 ◽  
Vol 17 (3) ◽  
pp. 253-260 ◽  
Author(s):  
Kenneth M. Jennings ◽  
Steven K. Paulson ◽  
Steven A. Williamson

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.


1986 ◽  
Vol 15 (3) ◽  
pp. 273-292 ◽  
Author(s):  
N.J. Williams ◽  
J. Sewel ◽  
F. Twine

ABSTRACTIt has been argued that council house sales will contribute towards a more general process of residualization of public sector housing. Empirical evidence is presented in this context derived from surveys of purchasers and non-purchasers of council dwellings in the city of Aberdeen. This evidence confirms that purchasers and non-purchasers exhibit different socio-economic characteristics and after only four years of the Right to Buy legislation significant numbers of households in social classes I, II and III have left the public sector via the mechanism of sales. The small number of sales relative to the stock as a whole, however, has meant that the overall contribution of sales towards residualization has been small. This evidence from Aberdeen is compared to evidence from elsewhere and related to the varying pattern of sales across the country as a whole.


Economies ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 80
Author(s):  
Ewa Cichowicz ◽  
Ewa Rollnik-Sadowska ◽  
Monika Dędys ◽  
Maria Ekes

Public Employment Services (PES) are identified as important institutions in the process of improving the match between supply and demand in the labor market, which, despite their importance, still do not achieve the desired efficiency. The indicated problem is partly due to the lack of appropriate evaluation methods for the applied labor market policy instruments. This paper aims to verify the possibility of using the two-stage Data Envelopment Analysis (DEA) method in measuring the efficiency of public sector entities. The authors focused on 39 PES operating in Mazovia province, Poland in 2019. In the first stage, the model of technical efficiency of local PES included six variables (four inputs and two outputs). Only seven PES obtained full efficiency. The inefficiency of analyzed PES varied from about 1% to 80%. In the second stage, the attention focuses on the relationship between true unknown efficiency and its determinants (five environmental variables, both demand and supply oriented). Then, the regression coefficients and confidence intervals showed that three out of five variables influence the efficiency results, the share of the long-term unemployed, the share of the unemployed under 30, and the share of the unemployed over 50 in the total number of unemployed.


2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.


2018 ◽  
Vol 64 (3) ◽  
pp. 179-198
Author(s):  
Manuel Jaén-García

Abstract Following Peacock and Musgrave’s rediscovery of Wagner’s Law, the latter became a standard tool used in research on the relationship between growth of public spending and the factors by which it is influenced. However, conventional empirical tests are based on a specification error related to Wagner’s definition of the public sector, which he considered in its totality, including public companies. The present article attempts to correct this error and obtain an approximation to the size of the public sector by considering public employment as a whole, both in public administrations and services and in public companies. To this end, panel data for the Spanish autonomous regions are used in addition to data for the overall public sector. The empirical test is performed utilizing cointegration techniques and unit roots in panel data. Similarly, the possibility of structural breaks in the data is taken into consideration and they are estimated using fictitious variables. JEL classifications: H11; H50; E62 Keywords: public employment; gross domestic product; unit root; cointegration; panel data


2019 ◽  
Vol 9 (4) ◽  
pp. 76 ◽  
Author(s):  
Linda Höglund ◽  
Maria Mårtensson

In this paper, we study how entrepreneurial and strategic processes develop in a public-sector organisation through a theoretical lens of Strategic Entrepreneurship (SE). Previous literature on SE practices identified a number of organisational aspects—such as organisational culture, structure, and entrepreneurial leadership—that are important to manage in order to benefit from new opportunities and strategic actions. So far, there is little knowledge about SE practices in the public sector and their possible consequences. There are also few qualitative studies in the field of SE, though arguments have been made for it. Our study is based on a longitudinal and qualitative process approach focusing on the work of the Swedish Public Employment Service’s (SPES) efforts to realise its new strategy through entrepreneurial and strategic processes. The results showed that there are several organisational tensions in relation to the processes of entrepreneurship. We have empirically contributed to previous literature by studying the SE practices of simultaneously balancing the processes of entrepreneurship and strategy. We have also contributed to a more nuanced discussion of the complexity of implementing SE practices and their relationship to organisational culture, structure and entrepreneurial leadership.


2018 ◽  
Vol 37 (1) ◽  
pp. 67-91 ◽  
Author(s):  
Tim Jäkel ◽  
George Alexander Borshchevskiy

This article investigates who wants, or does not want to work in Russian public administration, and why. A majority of Russians believe that public servants are concerned with improving their personal well-being rather than serving the public interest. Understanding working sector choices is thus the first step to attract talent into the civil service. We study public employment intention among a group of students of public administration in two elite Moscow universities who are relatively early undergraduates. Parents working in the civil service are the most important public sector career motivators of students in Russia, more important than positive perceptions of public sector compensation and its impact on society. Our findings imply that early-stage career plans are shaped outside university lecture rooms. We conclude that teaching public administration in Russia will have to focus on drawing a line between behavior that falls below standards of the profession and efforts to contribute to the well-being of citizens.


Author(s):  
Dries Verlet ◽  
Carl Devos

Although policy evaluation has always been important, today there is a rising attention for policy evaluation in the public sector. In order to provide a solid base for the so-called evidence-based policy, valid en reliable data are needed to depict the performance of organisations within the public sector. Without a solid empirical base, one needs to be very careful with data mining in the public sector. When measuring performance, several unintended and negative effects can occur. In this chapter, the authors focus on a few common pitfalls that occur when measuring performance in the public sector. They also discuss possible strategies to prevent them by setting up and adjusting the right measurement systems for performance in the public sector. Data mining is about knowledge discovery. The question is: what do we want to know? What are the consequences of asking that question?


1999 ◽  
Vol 14 (1) ◽  
pp. 1-25 ◽  
Author(s):  
A.E. Boyle

AbstractModern fisheries law has for some time recognised the special interest of coastal states in the management of adjacent high seas fisheries. It has been slower to acknowledge a comparable interest on the part of high seas fishing states in the conservation and management of EEZ stocks by coastal states. This imbalance of rights and obligations between these two groups of states continues to be reflected in the fisheries articles of the 1982 UNCLOS and in the 1995 Agreement on Straddling and Highly Migratory Fish Stocks. Much of the Law of the Sea Convention is about balancing the interests of different groups of states, and maintaining that balance is one of the reasons for adopting the principle of compulsory binding dispute settlement of disputes in Part XV of the Convention. Disputes about straddling fish stocks are necessarily disputes about the balance between coastal and high seas fishing states, and more generally, about the interest of the international community in sustainable management of stocks. Despite the significant changes which the 1995 Agreement makes to the substantive UNCLOS fisheries law, it remains far from clear that disputes concerning coastal state overfishing or inadequate management of straddling stocks within its own EEZ can be the subject of any form of binding process initiated by another fishing state or entity, even if there is a serious impact on the viability of stocks in other EEZs or on the high seas beyond national jurisdiction. But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options. Both share a need for authoritative interpretation of difficult and complex texts; in both cases compulsory dispute settlement may be required in the event of failure to reach agreement on the management of shared access to straddling stocks. To hold that only coastal states have the right to compulsory binding settlement in such cases is to stabilise and protect one side of an equitable balance while leaving the other side vulnerable to erosion and instability. The question whether disputes concerning all or part of a straddling stock fall inside or outside compulsory jurisdiction is thus more than a technical question of treaty interpretation. It poses some fundamental questions about the nature of equitable utilisation as a legal principle governing use of common resources. Both in the interests of equitable access to justice, and the effective management and sustainable use of straddling stocks, compulsory jurisdiction should apply to all aspects of such a dispute. The rights of coastal states


2019 ◽  
Vol 3 (2-3) ◽  
pp. 5
Author(s):  
James LaRue

Intellectual freedom—the idea that all people have the right to express themselves freely and access the expressions of others—is a core value of librarianship. But every value, every institution, must go through a kind of rediscovery with each generation. This “re-valuing” is necessary and right. Do our institutions serve us, or are we forced to serve them? Do we practice what we say we believe? An example of this re-evaluative process concerns the promise, the vision, of the Declaration of Independence. Jefferson wrote, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” But that clear statement of “self-evident truths” was on the one hand immediately contradicted by the explicit endorsement of slavery (3/5ths of a human being), and by the denial of a vote to women. Nonetheless, the underlying idea was so powerful and compelling that subsequent generations returned to it again and again, edging closer to the original vision.I believe that intellectual freedom is under such a review by librarians now. I believe, too, that the value remains an abiding and powerful call to service.In this article I will present three snapshots from my own intellectual freedom journey. Each has a context in time that may lend depth of understanding to today’s challenges. Perhaps, too, it will point the way to a new place for intellectual freedom in our work.


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