Collective Bargaining for Police and Other Essential Services

Auteur

Giuseppe Carabetta is an Associate Professor of workplace and business law at the University of Technology, Sydney, Australia.

Texte du rabat

This book examines how collective bargaining disputes are resolved among police and essential service employees. The author in his extensive field-work research and his study of international case studies has developed a useful model for mandatory interest arbitration among police and other essential services personnel.

Contenu

ABSTRACT
AUTHOR'S NOTE ON PREVIOUS PUBLICATIONS
ACKNOWLEDGEMENTS

CHAPTER ONE: INTRODUCTION
I THE OBJECTS OF THIS WORK
II EFFECTIVE DISPUTE AVOIDANCE AND RESOLUTION FOR
A CRITICAL ESSENTIAL SERVICE
III THE ROLE OF INTERNATIONAL LABOUR STANDARDS
IV METHODOLOGY
V A FRAMEWORK FOR EVALUATION
VI THE ORGANISATION OF THE STUDY AND ITS ARGUMENT
A The Study's Argument

CHAPTER TWO: INTERNATIONAL LABOUR STANDARDS
I INTRODUCTION
II PUBLIC SECTOR COLLECTIVE BARGAINING AND THE FUNDAMENTAL ILO FREEDOM
OF ASSOCIATION CONVENTIONS
III THE RATIONALE BEHIND COLLECTIVE BARGAINING
A Introduction
B Levelling the Playing Field
C Promotion of Industrial Peace
IV INTERNATIONAL STANDARDS CONCERNING COLLECTIVE BARGAINING
A Introduction
B Principles Concerning Public Sector Bargaining
C Special Characteristics of Public Service
V DISPUTE RESOLUTION AND THIRD PARTY INTERVENTION
A Voluntary Nature of Bodies for the Resolution of Collective Bargaining
Disputes
B Independence and Impartiality of Procedures and Confidence of Parties
C The Role of Arbitration in the Resolution of Bargaining Disputes
VI STRIKES AND THE WITHDRAWAL OF SERVICES
A The Right to Strike in the Public Sector
B The Right to Strike and Essential Public Services

CONCLUSION

CHAPTER THREE: THE AUSTRALIAN POLICE LABOUR RELATIONS FRAMEWORK
I INTRODUCTION
II THE REGULATION OF POLICE EMPLOYMENT IN AUSTRALIA
III THE CONCILIATION AND ARBITRATION SYSTEM
IV RE-SHAPING THE LABOUR RELATIONS SYSTEM: THE SHIFT TO ENTERPRISE
BARGAINING
A Limitations on Compulsory Arbitration
B Limitations on Industrial Action
C Matters Excluded from Bargaining
V CONCLUSION

CHAPTER FOUR: PUBLIC SECTOR DISPUTE RESOLUTION: THE MECHANISMS
I INTRODUCTION
II BACKGROUND: BARGAINING IN A PUBLIC SECTOR CONTEXT
III DISPUTE RESOLUTION IN THE PUBLIC SECTOR: THE MECHANISMS
A Conciliation and Mediation
B Arbitration
IV SUMMARY AND CONCLUSION

CHAPTER FIVE: THE REGULATION OF INDUSTRIAL ACTION
I INTRODUCTION
II CONCEPTS OF ESSENTIALITY
III ESSENTIAL SERVICES STRIKE MODELS
A The 'No-Strike' Model
B The 'Unfettered-strike' Model
C The 'Controlled-Strike' (or 'Designation') Model
IV THE DESIGNATION OF ESSENTIAL SERVICES UNDER A CONTROLLED-STRIKE
MODEL
V CONCLUSION

CHAPTER SIX: CASE STUDY 1: INTEREST ARBITRATION MODELS
IN CANADA
I INTRODUCTION
II STATUTORY FRAMEWORK
A Ontario
B British Columbia
III APPLICATION OF ARBITRAL CRITERIA AND COLLECTIVE BARGAINING
CONTEXT
IV DISCUSSION
V ALTERNATIVE APPROACHES
VI CONCLUSION

CHAPTER SEVEN: CASE STUDY 2: MEDIATION-ARBITRATION IN THE NEW ZEALAND POLICE
I INTRODUCTION
II THE NEW ZEALAND POLICE NEGOTIATION SYSTEM
A Statutory Foundation and Final-Offer Arbitration
B The Police Negotiation Framework
III A BLENDED MEDIATION-ARBITRATION MODEL
IV ALTERNATIVE PROPOSALS
V DISCUSSION AND ASSESSMENT
VI CONCLUSION

CHAPTER EIGHT: LESSONS AND RECOMMENDATIONS FOR
REFORM
I INTRODUCTION
II LESSONS AND RECOMMENDATIONS
A Adoption of a Mediation-Arbitration Model of Interest Arbitration
B Final-Offer Arbitration as a Dispute Resolution Option
C A Tripartite Arbitration Structure
D Arbitral Criteria
E Industrial Action
F An In-built Review Process

CHAPTER NINE: MOVING FORWARD ...

BIBLIOGRAPHY