THE SCOPE OF BARGAINING IN PUBLIC SECTOR NEGOTIATIONS: SOVEREIGNTY REVIEWED

I. B. HELBURN

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DOI: 10.2190/E3FH-TVXT-RLQX-AYHL

Abstract

For two decades after the Wagner Act, there was great management concern over the loss of rights through collective bargaining. Private sector concern has now diminished, but this is not true in the public sector. Particularly troublesome are the demands of professionals such as teachers and social workers--demands often involving major policy considerations heretofore reserved for public management. Current legislative approaches show relatively few restrictions on the scope of bargaining. Experience shows some loss of management rights due to bargaining, daily managerial decisions, and legislative inroads often at the behest of unions after bargaining table failures. However, evidence does not allow a conclusion that unions and bargaining have generally damaged public administration and the public interest. Legislatures should not limit the scope of local bargaining, allowing such decisions to be made on the local level according to the situation. Thus a reformulation of the sovereignty doctrine is urged.

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