Public Employee Unions - Essay Example

? HRD 350 4/20 Faculty Currently a problem exists in several s within the United s that a large debate is producinga flair for tremendous media, recently. Although public-sector benefits appear higher than private-sector counterparts, total compensation including health care and retirement benefits, is lower than that of comparable private-sector employees. Erosion of public-sector pay and benefits will make it harder for public employers to attract, retain and motivate, the workforce needed to provide public services. The costs, funding, and administration of health and pension benefit plans merit attention in the media today because the United States of America has a debt ceiling that is very close to reaching the top. Republicans, democrats and independents feeling pressures of holding on to their current bargaining power position started a movement, in which Wisconsin is the epicenter. It began with economic issues. The person who started the revolution is Gov. Scott Walker. Walker proposed that state workers contribute more to their pension and health-care benefits. Teachers started calling in sick. Schools closed. Demonstrators massed at the capitol. Democratic senators fled the state to paralyze the Legislature. Wisconsin public sector developed the main argument as it capitulated and claimed they were only protesting one part of the bill, the part about collective-bargaining rights. The Democratic Party is pouring money and anger into the fight, recognizing the threat of union power. Public Employee Unions Preliminary It is necessary to know the relevant underlying roles of collective bargaining power in a civil society. Freedom of association the right to bargain collectively, places the United States out of the norm with established international human-rights principles. Historically, collective bargaining served to increase consumer purchasing power, assures a voice in the workplace, and provides checks and balances in society. Collective bargaining in the public sector that endorses models incorporates alternative dispute-resolution mechanisms is a means to protect the public interest. Collective bargaining for unions will consider the core institution in society. The function of collective bargaining does not necessary need updated to match wording for the 21st century. Presently, the public-policy debate about public-sector unionism and collective bargaining in the United States has triggered a debate in the United States. At the center of the debate is the question suggesting that public employee unions have contributed to this crisis through the pay and benefits he/she have negotiated for public employees. Connected to this is the employer through a role of the government as a taxing authority as well as a player in providing public services. These claims will continue to be in conflict with one another. When private sector and public sector try to compare in benefits in the past the government has not shown the diligence which proves, that the public sector pays more attention to such matters. Objectives of this paper is the identify innovations that can improve public sector collective bargaining power and how that may affect parts of the public sector. Many of these problems are equally prevalent in states with and without collective bargaining and for unionized and non-unionized employees. History Collective bargaining, the most recent plan, developed during the 1930s, addressed the imbalance of power between employers and employees. Passed in 1935, this act called the "Wagner Act," which created a system of collective bargaining that leveled the playing field and provided a structure that reduced labor strife and unrest. This law gave most workers in the private sector the right to form unions, bargain, and strike. Collective bargaining is a type of negotiation that uses employees to work with employers. Worker representative's approach the employer and attempt to negotiate a contract that both sides can potential agree. Issues covered are hours of workday, benefits, wages, rules, and working conditions. If both sides meet and develop a contract, that each agrees upon, they then sign it for said period. The final contract they call the collective bargaining agreement, which reflects the fact this contract, is the result of a collective bargaining effort. Sometime in the late nineteenth century, workers became disturbed and demanded more rights in their workplaces. Much of this started with the skilled trade sector. Few people had these special trades and were able to negotiate with the employers for certain rights. Other used sheer numbers to negotiate with employers. These individuals, called labor pioneers and together started the collective bargaining system. These negotiations include a union member. Individuals have to join a union to have a union member represent the cause. The agreement reflects the combined desires of all the employees, along with limitations that the employer wishes to see put in place. The union or the employer may resort to tactics such as striking or creating a lockout, to push the agreement through (Clark, 2011). Current debate between public employee union and the states Changes are occurring across the country over so-called "right-to-work" laws, or laws that prohibit unions from forcing workers to join. The United States of America presently split an even 50-50 between states that allow employees to decide whether to join a union and states that allow unions to require membership. Most southern and central Midwestern states are right-to-work states, while the West Coast, New England and the northern Midwest compose of what critics call "forced-unionism" states.  The state of Wisconsin, and Gov. Scott Walker wants to put Wisconsin back in the column of a right-to-work state. Walker's proposals have touched off a new saga in Madison between pro-labor Democrats and Republicans who state it is necessary in an effort to try to balance the budget.  Thousands of union members and supporters gathered in Indianapolis February 21, 2011, for a protest against a proposed bill in the Indiana House. The bill stated it would restrict collective bargaining rights and make it a misdemeanor to require any employee to join or pay dues to a union. Opponents of the bill say it will lower pay and hurt workers. Presently, 22 states that have right-to-work laws; this is according to the National Right to Work Legal Defense Foundation. Researchers at the National Conference of state legislatures indicate that several states in New England and in the northern Midwest are now considering right-to-work proposals. Walker is casting every component of his plan as critical in Wisconsin. Minnesota, New Mexico, Connecticut, and Alaska, and Michigan have right to work-to-work laws in legislation. According to the Democrats, they disappeared out of the state of Wisconsin, so that the Democrats could not force them into a unanimous forum. Democrats further stated they would not come back into the state if Walker did not take the collective bargaining issue off the bill. The fear is if collective bargaining changes in Wisconsin, it will change collective bargaining power forever (Fox News). Public opinion The public service research foundation states that there is difference between private and public sectors. Collective bargaining and unionism reflect the products of the economic decision-making process of the private sector of society. The National Labor Relations Act was in the beginning designed for the private sector. However, the NLRA, and there use of the act today has some minor variations. Today the act considered the model for all public sector bargaining laws. Those who wish to impose collective bargaining on the public sector fail to appreciate the differences between the public and private sectors. Feasibly it is possible to view the private sector and public sector as monopoly versus competitive. Existing today is one single source of government services. The public services included one school system, one police system and one fire department that constitute monopoly. The public sector is competitive. We see several sources of supply for the goods and services that we produce for society. There is several grocery stores, shoe stores, auto dealers, parts center, etc. The nature of government is to provide on a monopoly basis the public services that everyone needs. The government provides essentials through programs such as food stamps. It can further argue that many government services not essential in that sense. However, this is an argument against the government providing that sort of service rather than an argument against the grass root of the argument. Sovereign versus free contract says that public services or the government is sovereign, and no other institution or enterprise in our society is sovereign. Sovereignty is the power to use force or to compel action. Under our democratic system, governmental sovereignty therefore derived from popular sovereignty that we as citizens give to the government. This is within constitutional limits, in the interest of security, and the public good. We see this when laws of school attendance come into play or the power for the government to collect taxes or the power of personal private property acts. Our government is sovereign, and no other institution or enterprise in our society is sovereign. This is democratic right under our Constitution. Sovereignty is the power to use force to compel these rights. Under the present democratic system, governmental sovereignty that has derived from popular sovereignty that we as citizens give to government, within constitutional limits, in the interest of security, and the public good. The collective bargaining on public sector employer-employee relations results in an increase in strike activity. Before the passage of the first public sector collective bargaining law, there were 15 strikes against government, this occurred around the early 1960s. In the early 1980s, thirty-seven states had enacted compulsory public-sector bargaining legislation covering one or more groups of the public and statistics that followed were 53 strikes. President Ronald Reagan's firm handled the PATCO strike in 1981. What followed is the number of strikes against government declined by approximately 50%, and the Bureau of Labor Statistics ceased reporting on strikes in the public sector. This made further analysis of this issue impossible. What history tells us is that between 1958 and 1980 not in one, single case did the passage of a public sector bargaining law result to decrease the strike activity. Some people would contend that the collective bargaining process is destructive to the peaceful employee and employer relationship. Proponents of the collective bargaining process would contend that such laws would serve to reduce public-sector strike activity. Claiming further that forcing the government to recognize and bargain with unions would remove the cause of strikes because they can use formal channels for the resolution of any differences. Example Little relationships exist between the incidence of government strikes and state laws regulating labor relations in public employment. Michigan, one of three states shows the largest number of strikes. Michigan has had a comprehensive law since 1965. Ohio and Illinois, the other two states, have no state statute providing collective bargaining for public employees. The one effect that the laws can document is that they reduce the number of strikes over the issue of union recognition. Collective bargaining laws do show that there have been 1.34 public-sector strikes per year in states prior to passage of compulsory public-sector bargaining laws, and an average of 5.0 strikes per year after passage of such laws. In the public sector, unionism has a similar effect. The passage of the Reorganization Act in 1971, the average postal worker earned $7,777 per year on average. The average manufacturing worker in the private sector earned $7,440 per year. The Reorganization Act imposed the NLRA on employer versus employee relations in the postal service. They ignored the monopolistic, essential, and political nature of the service. One of the most heavily unionized workers, are workers for the postal service. By 1976, the General Accounting Office reported that the average pay of a postal worker had risen 69 percent from 7,777 to l3, 127 a year. Comparing the average manufacturing worker’s wage that increased only by 57 percent to 11,703 from the 7,440 in 1971. The chart below shows a graph developed by Jeff Keefe this year 2011. Public Sector Hourly Wages Compared to Private Sector Employees of Equal Education Employee hourly wages have decreased in these states while the employee's hourly total compensation has gone up in California and New Jersey. Media and Wisconsin to debate The facts indicate that governor Walker is trying to take the collective bargaining rights on public employee's benefits and pensions. Walker is not trying to do this to the wages. However, the wages thereby capped when and if inflation increases. Other details of Governor Walker's reform bill states that total wage increases could not exceed a cap based on the consumer price index (CPI) unless approved by referendum.  Contracts would be limited to one year and wages frozen until a new contract is determined.  Collective bargaining units are required to take annual votes to maintain certification as a union. This would thereby inhibit employers from collecting union dues. The members of the collective bargaining units no longer required to pay dues.  These changes take effect upon the expiration of existing contracts.  Local law enforcement and fire employees, and state troopers and inspectors are exempt from the said changes.   We could consider these efforts the new civil rights movement. Fox news did a recent Gallup poll suggesting that a poll would indicate if collective bargaining should it be taken away. The poll was in Favor, Opposed, and No Answer. This poll at the time suggested that 61% of Americans were against taking away an individual's collective bargaining rights. Thirty Three percent of people opposed it and believed it would not make a difference if collective bargaining rights if taken away and only 6% of the population had No Answer. Steven Malanga stated in, "The Showdown over Public Union Power: at last, politicians and voters are fighting back against the most potent lobby for government spending and ever-higher taxes (Wall Street Journal). The streets were jammed with government workers in Madison, Wisconsin in an effort to battle a series of reforms proposed by Governor Scott Walker where he included allowing workers to opt out of paying dues to unions. The idea to opt out, as proposed by unions has battled it vigorously because the money they collect from dues is at the heart of the union power. Unions use money collected to run daily operations but to wage political campaigns in state capitals and city halls. Public-sector unions have become the nation’s most aggressive advocates for higher taxes and spending. They sponsor tax-raising ballot initiatives and pay for advertising and lobbying personnel to pressure politicians into voting for their issues. Multimillion-dollar campaigns thereby initiated, in an effort to defeat governors and taxpayer groups to roll back taxes (www.thenewcivilrightsmovement.com/fox-news-switches-gallup). Political Parties Businesses and industry groups who contribute in large amounts to their causes, these donations, normally split between both parties. They estimate that approximately ninety-five percent of those funds are government workers donations, and have gone to the Democratic Party, whose members are far more likely to favor raising taxes and boosting spending than are members of the Republican Party. Fred Seigel gives a historic view in the, Wall Street Journal on How Public Unions Took Taxpayers Hostage (Wall Street Journal). Seigel states that liberals were once skeptical of public-sector unionism. New York Mayor Fiorello LaGuardia, in the early 1930's, warned against this as an infringement on democratic freedoms that threatened the ability of government to represent the broad needs of the citizenry. Then in a letter in addressed to the head of an organization of federal workers, Franklin Deli nor Roosevelt noted that a strike of public employees manifests nothing less than intent on their part to prevent or obstruct the operations of government until their demands are satisfied. These types of actions are looking at the paralysis of government by those who have sworn to support it, is unthinkable and intolerable. The first to seize on the political potential of government workers was New York City Mayor Robert F. Wagner. The mayor’s father, a prominent New Deal senator, had authored the landmark 1935 Wagner Act, which imposed on private employers the legal duty to bargain collectively with the properly elected union representatives of their employees. Mayor Wagner, at the time elbowed by one Jerry Wurf, of the American Federation of State, County and Municipal Employees (AFSME), gave city workers the right to bargain collectively in 1958. Mayor Wagner ran for re-election in 1961 but the old-line party bosses of all five boroughs opposed him. Wagner turned to a new force, the public-sector unions, as his political machine. Inside the Kennedy White House, the Kennedy's noticed that with Wagner's re-election democrats had won back the White House by a narrow margin in 1960. President Obama The Wisconsin battle echoed on the national stage, where a battle over federal spending and cuts continued in the wake of President Barack Obama's budget proposal earlier this week. On Wednesday, Obama told a Milwaukee TV station "Some of what I've heard coming out of Wisconsin, where you're just making it harder for public employees to collectively bargain, generally seems like more of an assault on unions" (Obama, 2011). Organizing for America, running in conjunction with the Democratic National Committee, was helping to mobilize protesters on Thursday through its blog and Twitter updates that included a "call to action" to phone state senators. The Republican Party insistence on stripping collective bargaining from many key state unions has invoked the wrath of labor unions and their supporters nationwide. President Obama sees it more as a bust of the unions. They call it a needless and a politically motivated ploy to bust the power of public-sector employee unions. The issue is a genuine one for statehouse debate. The labor union supports organizations in Wisconsin, which desperately need the president’s active support. President Obama's political organization is slamming with special-interest allies across the country to fanatically reform-minded governors. These governors make the tough choices that the president is avoiding (CNN). States, Federal, Courts where we stand Approximately, three-quarters of the civilian workforce or approximately one hundred million people of the approximate one hundred and thirty million people are currently in the labor force. Estimated in February 2001, had some form of collective bargaining rights from federal, state, or local statutes. Because of coverage under the NLRA, one hundred and fifteen million private sector workers, about seventy-eight percent had bargaining rights. Industry Coverage varies the highest usually around ninety percent for the twenty four million workers in the manufacturing sector. Coverage in the private sector is higher than the coverage in the public sector. Under state or local statutes, statistics show that about sixty-six percent of twenty million government workers had some form of collective bargaining rights. However, if we compare the thirty two million civilian workers, most are without collective bargaining rights under any law, federal, state, or local. The groups that were the most abundant without rights were the eight and half million independent contractors (GAO, 2002). Complementary transformational results help progress in the health care industry, specifically at Kaiser Permanente. Involvement in workplace decision-making this program features a labor-management partnership gives a firm grip through employee involvement. By using, an interest based problem-solving approach to reach negotiations. This includes broad-based consultation on many issues as how to best use electronic medical records technologies. Labor and management that was initiated in 2000; Kaiser Permanente continues to follow a interest-based problem-solving approach during three consecutive rounds of contract negotiations (Kochen, 2009). Southwest Airlines, the most highly profitable and most highly unionized United States air carrier, has used a less formal but no less effective partnership approach to labor-management relations generally and contract negotiations. Credited this approach with enabling the company to achieve and sustain high levels of productivity, and service quality while reaching contractual agreements with its unionized employees in one-half the average time required by other airlines and unions (Gitman, 2009). Summarize Several examples show that in the highly unionized public service work forces and collective bargaining do not stand in the way of service-enhancing innovations and may positively contribute to them. It is therefore, especially notable that these developments also occurred during certain periods of fiscal adversity that featured hard, sometimes adversarial bargaining over police and firefighter pay and conditions of employment, including instances of pay freezes and cuts. Nevertheless, the parties to these labor-management relationships have not allowed short-term fiscal adversity to deter them from the longer-term goal of improving protective services provided to the citizenry, whether achieved through or apart from collective bargaining. Critic It is now widely recognized that the United States of America, education system is in need of reform and improvement. The Obama Administration is taking steps to achieve reform by providing programs such as Race to the Top, and other school-improvement grants. All programs require active plans to improve the quality of teaching by holding districts and teachers accountable for improving student achievement. The federal mandated programs call for significant changes in teacher-contract provisions that govern teacher evaluations, seniority, pay for performance, continuing education and professional development, to name a few. Established under the (G.W.) Bush Presidency the administration’s no child left behind policy, that mandated state testing and other provisions finds this aggressive policy builds on an approach focused on standards. Whether teacher unions and the collective bargaining processes will continue into the future; or brought into the reform effort as partners or is it impeded before achieving reforms. Adequately achieving reforms is the question going forward. Around the United States, we will continue to find resistance and reform. When faced with the difficult choice of whether to accept pay and benefit cuts or layoffs, teachers in New Jersey chose layoffs. The result was larger class sizes, which angered parents in the communities. It may be a good idea for those interested to view the recent documentary, “Waiting for Superman." Here we see portrayed a public-employee union as unwilling to deal with underperforming colleagues and resistant to any changes. References Berger, J. (2011). Wisconsin Union Battle Could Set Stage for National 'Right-to-Work' Debate. Retrieved, April 24, 2011. From website: http://www.foxnews.com Clark, P. (2011). Public Sector Collective Bargaining Has A Proud History. Retrieved, April 24, 2011. From website: http//:www.post-gazette.com CNN (2011). Obama in Wisconsin. Retrieved April 24, 2011. From Website http://www.cnn.com. Denholm, D. (2011). The Case against Public Sector Unionism and Collective Bargaining. Retrieved April 24, 2011. From website. http://www.psrf.org/gur/caps.jsp Gittell, J. H. (2003). The Southwest Airlines Way. New York: McGraw Hill Inc. Keefe, J. (2011). Public Sector Hourly Wages Compared to Private Sector Employees of Equal Education. Chart on hourly wages public versus private. Kochan, T.A., Gittell, J.H. & Nordenflycht, A. von. (2009). Up in the Air. Ithaca: Cornell University/ILR Press. Kochan, T.A., Eaton, A., McKersie, R.B., and Adler P. (2009). Healing Together: The Kaiser Permanente Labor Management Partnership. Ithaca: Cornell University/ILR Press. Obama, B. (2011). Quote about Wisconsin. February 18, 2011. Retrieved, April 24, 2011. From website: http://www.uncoverage.net/2011/02/obama-stimulus-jobs-cost-228000-each/ Seigel, F. (2011). Wall Street Journal on How Public Unions Took Taxpayers Hostage. Retrieved April 24, 2011. From website: http://www.wallstreetjounal.com. Websites of interest: http://www.washingtonpost.com/wp-dyn/content/article/2011/02/24/AR2011022406520.html http://www.uncoverage.net/2011/02/public-employee-unions-facts-figures-history/http://online.wsj.com/article/SB10001424052748703293204576105760131773034.html?http://online.wsj.com/article/SB10001424052748704657704576150482175621272.html http://www.manhattaninstitute.org/html/miarticle.htm?id=6868http://downloads.pewcenteronthe states.org/The_Trillion_Dollar_Gap_final.pd http://www.manhattaninstitute.org/html/cr_63.htmhttp://www.cato.org/pub_display.php?pub_id =6728http://www.cato.org/pubs/tbb/tbb_0925-40.pdf http://www.washingtonpost.com/wpdyn/content/article/2011/02/21/AR2011022103190.html http://www.washingtonpost.com/wp-dyn/content/article/2011/02/24/AR2011022406520.html http://www.uncoverage.net/2011/02/obama-stimulus-jobs-cost-228000-each/ http://www.uncoverage.net/2011/02/all-providence-r-i-teachers-get-lay-off-notices/ Read More