skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 70703 Find in a Library
Title: Interest Arbitration of Non-Economic Issues in Police Bargaining (From Conflict and Cooperation in Police Labour Relations, P 75-87, 1980, Bryan M Downie and Richard L Jackson, ed - See NCJ-70702)
Author(s): K P Swan
Date Published: 1980
Page Count: 13
Sponsoring Agency: Canadian Government Publishing Ctr Supply and Services Canada
Hull, Quebec K1A 0S9, Canada
Sale Source: Canadian Government Publishing Ctr Supply and Services Canada
Hull, Quebec K1A 0S9,
Canada
Language: English
Country: Canada
Annotation: This Canadian paper discusses four factors which characterize the collective bargaining process of police command issues: legality, bargainability and arbitrability, arbitration decisionmaking criteria, and resolution structures.
Abstract: Police organizations have achieved some success in obtaining economic settlements for their members, and in recent years have turned to issues previously identified as belonging to the jurisdiction of police command. Disputes over such issues are particularly difficult to resolve because of the dispersion of command responsibilities. The most important legal consideration raised by command issue disputes is not whether the collective agreement clause sought is illegal, but whether it is legal to insist upon the negotiation of such a clause or to refer the dispute to an arbitrator. Only the Ontario (Canada) courts have produced a body of jurisprudence directed at collective bargaining and at the issue of whether certain areas are bargainable, arbitrational, or both. Criteria for arbitration decisionmaking are difficult to establish. So far, only the general criteria that public sector employees should not be required to subsidize the community by accepting substandard wages and working conditions, and the doctrine of fairness have been applied to command issue disputes. Finally, neither the standard adjudicative arbitration model nor the final offer selection model of dispute settlement lends itself to effective resolution of command issue disputes. The mediation-arbitration model may possibly best serve the needs of these disputes. A total of 29 reference notes are included. The discussion which followed the paper's presentation is appended.
Index Term(s): Arbitration; Canada; Labor relations; Mediation; Negotiation; Police command and control; Police management; Police personnel; Police unions; Strikes
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=70703

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.