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Dynamics of Dispute Resolution in the Public Sector (From Public-Sector Bargaining, P 150-190, 1979, Benjamin Aaron et al, ed. - See NCJ-94683)

NCJ Number
94685
Author(s)
T A Kochan
Date Published
1979
Length
41 pages
Annotation
The dynamics of dispute resolution in the public sector are analyzed, and it is noted that strike activity in the public sector accelerated rapidly between 1966 and 1976, with 132 strikes occurring in 1966 and 428 in 1975.
Abstract
Model and case-study evidence indicates that public-sector strikes cannot be explained simply as exercises of the economic or political muscle of unions seeking to exploit a weak public management; rather, they are a function of the complex political and organizational context of public-sector bargaining. Most public-sector strikes end without a formal agreement but with a promise to continue bargaining or to submit the dispute to some dispute-resolution procedure such as mediation, fact-finding, and arbitration. Mediation is the most widely used of these processes and is the first form of intervention in most disputes. In some cases mediation occurs after fact-finding or in the arbitration process itself. The fact-finding process involves determining the factual basis of the parties' positions and an effort to identify an acceptable compromise settlement. the arbitration process emphasizes comparability as a decision criterion, making it difficult for either party to achieve a major innovation. The need to design alternative systems to meet different policy objectives or to adapt to changing circumstances is emphasized. Eighty-five footnotes are provided.

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