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POLICE BARGAINING IN CANADA - PRIVATE SECTOR BARGAINING, COMPULSORY ARBITRATION, AND MEDIATION-ARBITRATION IN VANCOUVER

NCJ Number
47911
Journal
Canadian Police College Journal Volume: 2 Issue: 1 Dated: (1978) Pages: 133-161
Author(s)
E G FISHER; H STAREK
Date Published
1978
Length
63 pages
Annotation
THE HISTORY OF CANADIAN POLICE BARGAINING IS TRACED, AND THE VARIOUS LEGAL FRAMEWORKS AND FORMATS FOR COLLECTIVE BARGAINING USED BY THE VANCOUVER POLICEMEN'S UNION AND THE CITY OF VANCOUVER ARE ASSESSED.
Abstract
NEGOTIATING LABOR DISPUTES AND CONTRACTS BETWEEN THE POLICE AND THE CITY GOVERNMENT ON THE MODEL OF THE PRIVATE SECTOR, WHEREBY NEGOTIATIONS PROCEEDED UNDER THE THREAT OF STRIKE, PROVED UNWORKABLE, AS DID SUBSEQUENT ATTEMPTS AT COMPULSORY ARBITRATION. MEDIATION-ARBITRAION HAS BEEN ADOPTED AS GENERALLY ACCEPTABLE TO BOTH THE VANCOUVER POLICEMEN'S UNION AND THE CITY OF VANCOUVER. MEDIATION-ARBITRATION COMBINES THE POSITIVE FEATURES OF MEDIATION WITH THOSE OF ARBITRATION. IN COLLETIVE BARGAINING BETWEEN THE POLICEMEN'S UNION AND THE CITY, A SINGLE MEDIATOR-ARBITRATOR FACILITATES THE REACHING OF A CONSENSUS BETWEEN THE PARTIES, AND WHERE CONSENSUS CANNOT BE REACHED, ACTS AS AN ARBITRATOR TO FIX THE TERMS OF THE NEW CONTRACT. IN THE FINAL ANALYSIS, THE SUCCESS OF SUCH A SYSTEM DEPENDS UPON THE EXPERTISE, SKILLS, INTEGRITY, AND IMPARTIALITY OF THE PERSON CHOSEN AS MEDIATOR-ARBITRATOR. MEDIATION-ARBITRATION IS GENERALLY ACCEPTED BY BOTH THE POLICE AND THE CITY GOVERNMENT AS BEING THE BEST WORKABLE SOLUTION IN THEIR SPECIAL SITUATION. IT IS RECOMMENDED AS A VIABLE ALTERNATIVE FOR THOSE GROUPS OF EMPLOYEES IN THE PUBLIC SECTOR WHO ARE RESTRAINED FROM STRIKING AFTER THE MANNER OF UNIONS IN THE PRIVATE SECTOR. ITS WORKABILITY, HOWEVER, IS ACKNOWLEDGED TO REST UPON ITS ACCEPTANCE BY BOTH UNION AND MANAGEMENT AND THE PROVEN SKILLS AND SATISFACTORY RESULTS ACHIEVED THROUGH PARTICULAR MEDIATOR-ARBITRATORS. (RCB)

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