Collective Bargaining for Police and Other Essential Services
Collective Bargaining for Police and Other Essential Services

Author: Giuseppe Carabetta

Publisher: Taylor & Francis

Published: 2024-10-14

Total Pages: 159

ISBN-13: 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.

Published: 2018-11-09

Total Pages: 422

ISBN-13: 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.

Collective Agreements
Collective Agreements

Author: Susan Hayter

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9789221316091

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Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.

Police Reform from the Bottom Up
Police Reform from the Bottom Up

Author: Monique Marks

Publisher: Routledge

Published: 2014-04-10

Total Pages: 192

ISBN-13: 131799549X

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What role can and should police unions and rank-and-file officers play in driving and shaping police reform? Police unions and their members are often viewed as obstructionist and conservative, not as change agents. But reform efforts are much more likely to succeed when they are supported by the rank-and-file, and line officers have knowledge, skills and insights that can be invaluable in promoting reform. Efforts to involve police unions and rank-and-file officers in police reform are less common than they should be, but they are increasing, and there is a good deal to learn about policing, police reform and participatory management from the efforts made to date. In this pioneering volume, an international, cross-disciplinary collection of scholars and police unionists address a range of neglected questions, both empirical and theoretical, about the place of police officers themselves in the process of reform – what it has been, and what it could be. They provide a fresh view of police reform as occurring from the bottom up rather than the top down. This book will be highly useful for practitioners and scholars who have a serious interest in the possibilities and limits of police organizational change. This book is based on special issues of Police Practice and Research and Policing and Society.

Collective Bargaining Preparation Essentials (revised)
Collective Bargaining Preparation Essentials (revised)

Author: Hugh J. Finlayson

Publisher: FriesenPress

Published: 2024-01-29

Total Pages: 272

ISBN-13: 103918779X

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We are all negotiators and while we may negotiate in many forums and have a variety of negotiating experiences, we don’t bargain collectively all the time! Unleash the power of negotiation with "Collective Bargaining Preparation Essentials (revised)," your ultimate guide to mastering the art and science of collective bargaining preparation. In a world where negotiation is ever present – from personal relationships to professional endeavors – this resource focuses on the unique challenges posed by the negotiation or renegotiation of employees' terms and conditions of employment. This handbook isn't just a guide; it's a strategic ally. With a sharp focus on preparing for and engaging constructively in collective bargaining, it offers insights into the intricate dynamics between unions and employers. Packed with preparation guidelines, proven strategies, and alternative approaches, it empowers negotiators to shape agreements that codify the terms both parties can endorse. Whether you're a seasoned negotiator or a newcomer to the collective bargaining arena, "Collective Bargaining Preparation Essentials (revised)" equips you with the tools to refine your approach to bargaining preparation, adapt to diverse scenarios, and achieve successful outcomes that foster constructive relationships and secure mutually beneficial agreements.

The Actors of Collective Bargaining
The Actors of Collective Bargaining

Author: Eduardo J. Ameglio

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 366

ISBN-13: 9041122532

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No one denies that the institution of collective bargaining between workers and employers has been a powerful tool for social dialogue. Without our history of effective collective bargaining there would be no mutual understanding, no industrial peace, no constructive cooperation between social partners. Yet there is a feeling today that this history has drawn to a close; that our post-industrial world demands something different, something our tradition of collective bargaining and collective agreements cannot give us. What information and insight can we gather to verify or challenge this feeling? This was the first major question addressed by the distinguished delegates to the twenty-seventh World Congress of Labour and Social Security Law held at Montevideo, 2'5 September 2003. The aim of the conference was to discover current problems regarding the existing structures and functions of collective bargaining in industrialized countries today'problems readily identifiable in the context of economic globalization, falling union density, the increase in atypical and knowledge-based workers, and the 'tertiarization' or declining economic importance of manufacturing-based industry. This bulletin contains some of the most important papers devoted to this major theme of the conference. It presents twenty national reports, each written by a scholar well-versed in the law and practice of collective bargaining in the country covered. Two introductory reports deal with such general issues as the varying competences of representatives under different legal systems, labor union representation within the public sector, the development of collective bargaining in EC law, the levels and structures of collective bargaining practice, and the widening gap between the relevant legal norms and real situations. The national reports were drafted on the basis of a questionnaire, which appears as an annex. This allows the reader to easily compare the solutions set forth for consideration in the various countries under review. The Actors of Collective Bargaining will be of great value for all practitioners and academics in the field of industrial relations.