Public Sector- powerpoint
MGT 334 Employment & Labor Law
Public-Sector Labor Relations
Instructor: Dawn D. Brackmann
Overview of Topics
Organized Labor / The NLRA
Representation / Rights of Union Members
Collective Bargaining / The CBA (Collective Bargaining Agreement)
Unfair Labor Practices / Picketing & Strikes
Public-Sector Labor Relations Law
Government as Employer
Differences Between Private and Public Sector
Public employee constitutional rights
Public employer sovereignty
Dispute resolution mechanisms such as mediation and interest arbitration
Most public employees do not possess the right to strike
Negotiations may impact public taxes and services
Federal Government Labor Laws
Historical Background
1883: The Pendleton Act (also known as the Civil Service Act) was established to reform the federal government job system.
1906: Executive Order was issued which forbade federal employees from soliciting wage increases.
1912: Postal Workers participated in organized labor actions for better conditions.
1920: Alaskan Railroad construction workers engaged in labor actions.
1939: The Hatch Act was enacted to restrict political activities of federal employees while in service.
1962: Executive Order 10988 was signed to grant federal employees the right to organize.
1969: Executive Order 11491 was established which created the Federal Labor Relations Council.
1970: Postal Service Reorganization Act was passed to reform the postal service, including labor relations.
Federal Service Labor-Management Relations Act of 1978 (FSLMRA)
Key Features
Established a permanent framework for federal labor relations.
Created the Federal Labor Relations Authority (FLRA) to administer labor-management relations in the federal government.
Granted federal employees the right to organize and collectively bargain.
Prohibited most strikes by federal employees.
Defined Unfair Labor Practices (ULPs).
FSLMRA Coverage
Eligibility
Covers federal employees employed by a federal agency or those who have stopped working for the agency due to a ULP.
Exclusions from FSLMRA Coverage
Agencies
FBI
CIA
National Security Agency
General Accounting Office
Tennessee Valley Authority
FLRA itself
Federal Service Impasses Panel
US Postal Service
Exclusions of Certain Employees
Noncitizens working for federal agencies outside the US
Supervisory and managerial employees
Certain foreign affairs officers
Federal employees participating in illegal strikes
FLRA Administration
Responsibilities
The FLRA addresses issues related to:
Representation matters, including elections and bargaining unit determinations.
Unfair Labor Practices, including the Duty to Bargain in Good Faith.
Appropriate Representation Units
Considerations by the FLRA
Agency
Plant
Installation
Functional
Other criteria as necessary
Restrictions on Units
Units cannot include:
Management or supervisory employees
Confidential employees
Personnel workers (except in purely clerical roles)
Employees engaged in investigative work affecting national security
Employees administering the FSLMRA
Employees primarily involved in investigation or audit functions affecting internal agency security
Collective Bargaining
Requirements Under the FSLMRA
Agencies and exclusive representatives must negotiate in good faith regarding conditions of employment.
Conditions of Employment
Includes personnel policies, practices, and matters affecting working conditions, regardless of their establishment method.
Wages for most federal employees are not subject to collective bargaining as they are established by statute.
Management Rights Clause
Collective bargaining is not allowed to impact the authority of management officials to set the agency’s mission, budget, organization, staffing, or internal security practices.
Case Reference: US Department of the Navy v. FLRA, 665 F.3d 1339 (DC Cir 2012)
Impasse Settlement in Collective Bargaining
Federal Service Impasse Panel Process
The impasse resolution process includes:
Fact-finding
Mediation
Interest arbitration
Grievance Arbitration leads to final and binding decisions.
Unfair Labor Practices
Agency Unfair Labor Practices
Include:
Interference or restraint of employees’ rights under the act
Discrimination against union membership in terms of employment conditions
Refusal to negotiate in good faith
Non-compliance with impasse procedures
Sponsoring or controlling a union
Disciplinary actions against employees for filing complaints under the act
Union Unfair Labor Practices
Include:
Interference or restraint of employees’ exercise of rights
Coercing or fining members that impede their job performance
Discrimination on various bases (race, color, creed, etc.)
Refusal to negotiate in good faith
Non-compliance with impasse procedures
Calling or condoning illegal strikes or work slowdowns, or picketing that disrupts agency operations
State Public Sector Labor Relations
Coverage of State Laws
Some states lack statutes on public sector labor relations, allowing voluntary collective bargaining based on court decisions.
Other states may restrict public employee union rights, prohibiting collective bargaining based on statutes or court rulings.
States with statutes for public sector labor relations show varying patterns of coverage:
Some statutes cover all state and local employees.
Others are limited to local or state employees exclusively.
Michigan Law and Public Sector Labor Relations
Relevant Legislation
Labor Relations & Mediation Act (LMA) (1939)
Public Employment Relations Act (PERA) (1947)
The Compulsory Arbitration Act (1969)
Freedom to Work Act (2013) (repealed 2023)
Michigan Employment Relations Commission (MERC)
Functions
Resolves labor disputes involving public and private sector employees.
Appoints mediators, arbitrators, and fact-finders.
Conducts union representation elections.
Determines appropriate bargaining units.
Adjudicates unfair labor practice cases.