Volume 11

An Analysis of the Risks of Arbitration. Posthuma, Richard. Spring 1990

Examines Michigan's Act 312, the procedure used to resolve collective bargaining impasses between the state's local governments and their police and fire fighter unions. Using probability concepts to analyze its efficacy, the author concludes that the act shows signs of having failed to achieve the intent of state lawmakers. Indeed, Detroit Mayor Coleman Young (D), who as a legislator had advocated passage of the act, has lately called for its revision or outright repeal.

Teacher Union Involvement in Year-Round Schooling Geisert, Gene

A continuing concern of A.erican school districts is the inability to acquire the funds needed to increase school construction. The latest strategy for tackling this problem has been the introduction of new year-round school plans. The variety of plans, where they have been introduced, the practical concerns that must be addressed to assure their success and the teacher unions' reaction to the concept are discussed by Dr. Gene Geisert in "Teacher Union Involvement in Year-Round Schooling."

Stress and Anxiety of Administrators as Related to Collective Bargaining and Participative Management Crisci, Pat E.

A great deal of stress related research has been done to determine the types of stressors which most often affect teachers and school administrators. Involvement of teachers in the decision-making process has been seen as very stressful to administrators, but such participation is considered by teachers to be a major goal in their quest for professionalism.

According to the results of "Stress and Anxiety of Administrators as Related to Collective Bargaining and Participative Management," by Dr. Pat Crisci, et al., distinct differences exist in the attitudes of superintendents and principals toward teacher involvement in making educational policy decisions in Ohio public schools. For example, principals tended to favor collective bargaining as a legitimate means for teachers to settle economic and professional issues with management more than they supported participative management, while superintendents favored teacher involvement through participative management activities. These and other conclusions make this study informative reading.

Take the $25 Million and Run: The Case of the National Board for Professional Teaching Standards Lieberman, Myron.

Dr. Myron Lieberman was the first professional educator to propose the idea of a federal fund to the National Board for Professional Teaching Standards for the development of a certification program for elementary and secondary school teachers. In this article, he analyzes legislative efforts to enact the $25 million appropriation from Congress to implement the idea.

Communications Workers of America v. Beck: A Victory for Nonunion Employees Already Under Attack Vieira, Edwin J

In "Communications Workers of America v. Beck: A Vistory for Nonunion Employees Already Under Attack", Dr. Edwin Vieira, Jr., cautions that the victory may be subverted by unionists and their allies on the National Labor Relations Board and the lower federal courts. The core of his concern, which forms the nucleus of this article, is that the Court's generalized pronouncements favoring union workers' individual rights necessitate case-by-case implementation by the lower courtsand administrative agencies and that in those arenas, as well as acadame, Beck has already encountered "ominous evasion, resistance and disapproval."

The 1990 West Virginia Prevailing Wage Law Study UWV

Back in the United States, opponents of the federal and state Davis-Bacon acts charge that the statutes inflate the costs of government construction projects and should be repealed. However; there seems to be a paucity of available studies providing the facts and figures to support such contentions. For that reason, the Review chose to publish The 1990 West Virginia Prevailing Wage Report.

The report was prepared by the School of Business and Management at the University of West Virginia College of Graduate Studies in Institute at the behest of a state delegate. It was felt that a study by an objective academic body would avoid the charge of bias that labor or management would level, had one or the other commissioned the work. The study found that the state's prevailing wage law raised the average cost of public construction by about thirty percent.

Why Canadian Public Sector Unionism is Strong. Troy, Leo

Why Canadian Public Sector Unionism Is Strong, by Dr. Leo Troy, lays the blame on public policy and its administration by both Canada's federal and provincial levels of government. While unionism in Canada's private sector; with its continuing pattern of decline, reflects a similar experience in the United States, bureaucratically entrenched public policy and the unions' ties to political parties have conspired to bolster the fortunes of Canada's public sector labor organizations. However; while their full impact has not yet been felt, there are a number of forces at work that could erode the monopolistic control of Canadian public sector unions.

In 1982, Canada adopted a new Constitution containing a Charter of Rights and Freedoms. It is conceivable that under this new bill of rights individuals will now have the legal grounds on which to oppose the imposition of collective bargaining. Another; and perhaps more serious assault on the unabashed power of Canadian public sector unions, is the federal government's increased move towards privatization and the contracting out of certain functions to the private sector. Prompted by the fiscal realities of the free market systems at home and abroad, denationalization of state-owned companies has the potential of returning thousands of jobs to the private sector.

Privatizing Justice Agencies: The Due Process Dilemma of At-Will Employees Calder and Mattson, James and Gary

Privatizing Justice Agencies: The Due Process Dilemma of At-Will Emp1oyees, by Dr. James D. Calder and Dr. Gary A. Mattson, discusses the significant gap between substantive and procedural justice in the private and public sectors. It calls attention to the potential for increasing litigation over employee rights under privatization linked to current issues in labor-management relations: employment conditions, allegations of wrongdoing or poor performance, truth verification, medical testing and background investigations. The authors urge public management to consider the employee rights issue as part of any dialogue leading to privatization of public justice services.

The European Community's Social Charter: A Market Process Analysis. Baird, Charles W

By the end of 1992, twelve European nations will indelibly alter the continent's economic realities by merging their markets and dissolving the trade barriers between them. While the primary emphasis of this new European Community is intended to be one of economics, concerns are being expressed that adoption of its Community Charter of Fundamental Social Rights - previously vetoed by then-British Prime Minister Margaret Thatcher - will ring a political death knell for optimists' lingering hopes for a free market system. Instead, there is reason to fear that it will advance the cause of socialism and universally expand the power and scope of organized labor.

This is the thesis that Dr. Charles Baird defends in this article. He criticizes the leaders of the European Community for clinging to the misbegotten belief that the charter will guide them to a middle ground between the free market system and communism. Using a market process analysis to critique the charter, he illustrates why their search for a "third way" can only create more problems than it can solve and have a negative effect on entrepreneurial discovery.