By studying the evolution of :interest arbitration in the private and public sectors, this study was an attempt to examine the rationale for the infrequent use of voluntary binding interest arbitration in Pennsylvania and how it might be made a rwre viable alternative to the strike. Two questions addressed this concern: 1. Why has voluntary binding arbitration been infrequently used in public education in Pennsylvania while the strike has been the normal resolution tool in interest disputes? 2. What will make voluntary binding arbitration a more viable alternative to a strike when an impasse arises in the state of Pennsylvania? A survey instrument addressing these issues was sent to 263 school districts in the Pennsylvania public education system. These school districts were divided into three classifications: non.strikers, strikers, and voluntary binding interest arbitration users. Also surveyed were the Pennsylvania State Education Association's Uniserve Directors (N=51). Each of these groups provided unique information related to the research questions. Within each school district the questionnaire was sent to the chief negotiator for management, the school board chairperson, the superintendent, the chief negotiator for the union, and the local union president. Members of the management classification were found unwilling to rel:inquish their decision making duties to an arbitrator, a third party neutral. There was a considerable reluctance by management to use voluntary binding interest arbitration. An arbitrator was not only distrusted by management, but also by the union. Management thought they lost financially when utilizing the services of an arbitrator, since they perceived arbitrators' tended to be pro-labor when rendering interest awards. In order to make voluntary interest arbitration a more viable alternative to the strike, several areas of agreement emerged. If the settlement fonna.t was on an issue-by-issue basis then interest arbitration would probably be used more frequently. If mediation arbitration was used with an issue-by-issue settlement format then interest arbitration could be an even more viable alternative. Most groups surveyed argued voluntary binding interest arbitration would be utilized more if arbitrators were formally trained in public sector interest arbitration. In addition, 100st groups believed that voluntary binding interest arbitration would be used more if there was an appeals process through the Pennsylvania Labor Relations Board if either party alleged that the arbitrator's award was capricious. / Ed. D.

No description available.

The purpose of this dissertation was to determine the degree of acceptance of the referendum impasse resolution procedure in education and to determine under what conditions such a procedure would be most readily accepted. A survey research design was used. Teacher negotiation statutes of the fifty states were categorized into four strata. One representative state from each strata was selected (Maryland, Pennsylvania, Virginia, and West Virginia), Specific populations were assigned representation of the major interest groups in teacher negotiations (school board chairmen, local association presidents, local superintendents, and local elected officials) and were sampled within the selected states. lt was concluded from the principal findings that the degree of acceptance of the referendum procedure was generally greater than the acceptance of interest arbitration, the strike, or the absence of an impasse resolution procedure. The conditions which contributed to the acceptance of the procedure included: the district's labor relations environment; the district's financial dependency; the district's average teacher salary; the district's community type; and experience with, and the perceptions of, other impasse resolution procedures used in the district. The study provided several implications for the education profession. The referendum impasse resolution procedure is a potentially viable alternative impasse procedure for education negotiation impasse. The referendum procedure is most likely to be accepted in states or localities where interest arbitration and/or the strike are commonly used. / Ed. D.

This study analyzed a random sample of thirty-six collective bargaining contracts between teachers and their respective boards of education in Wisconsin, New York, Tennessee, and California. The contracts were studied to assess the effect that collective bargaining has had upon the powers of principals over time. This was done by comparing each contract to a comprehensive list of traditional powers that were available to principals prior to collective bargaining (Pre-Collective Bargaining Power Profile of Principals). This analysis of contracts was a two-phase process. The first step was to identify whether or not the profile statements in the Pre-Collective Bargaining Power Profile were referred to in each contract. The second step was to describe how the presence of references to these statements affected the Power Profile of Principals. The principal's power was reported as being affected in three ways: deleted, constrained, or authorized. The general conclusion of this study was that the effect of teacher collective bargaining upon the powers of principals has been marginal. The data from the analysis of the contracts revealed that the majority (66 percent) of the statements in the Pre-Collective Bargaining Power Profile were not referred to in the collective bargaining contracts. The effects of the references to the statements that were identified were mixed. In the role areas of personnel management, pupil personnel management, and instructional leadership, the negotiation process authorized more power to principals than it deleted. In the role area of business and plant management, the principals' powers were deleted much more than authorized. This was due solely to the inclusion into the contracts of two items (i.e., the power to control building space and the power to control who may and may not enter the building). In the role area of community relations, the frequency of references was so small that the effects upon the power of principals were nonexistent.

published_or_final_version / Public Administration / Master / Master of Public Administration

This study attempted to address the relative merits of the Weberian and Structural Marxist perspectives for explaining changes in the distribution of wage labor. The findings of the study suggested that many of the common assumptions held by Weberians and Structural Marxists concerning the effects of technological growth, increasing bureaucratization of production, increasing concentration of capital, and growth in the ranks of white-collar workers are not supported with data on manufacturing industries in the post-war era. Moreover, this study introduced collective action as an important determinant for explaining changes in the labor process and in the distribution of wage labor. The findings indicate that workers collective action enhances our understanding of labor process development and changes in wage labor. And, the findings suggest that the struggle between workers and capitalists is vital to understanding the process of capitalist development since World War II, contrary to the popularly held beliefs of many post-industrial theorists. / Ph. D.

Made available in DSpace on 2016-04-26T20:23:39Z (GMT). No. of bitstreams: 1 Suzani Andrade Ferraro.pdf: 4252629 bytes, checksum: 6a104ccf286ef42df145daed83eda492 (MD5) Previous issue date: 2015-03-25 / The thesis has the objective to examine the agreements and collective bargaining agreements as a pension right sources to discuss how social security rights are incorporated into the employee's equity during and after the term of the agreement and collective bargaining agreements. In this regard it is important to reconsider the concepts of "sources of law" from the constitutional right to the sources are examined from the social security law. There are four specific objectives of this thesis: (i) conceptually define the sources of law; (ii) investigate the agreements and collective bargaining agreements; (iii) analyze the legal system of social security; (iv) research the pension rights from the conventions and collective bargaining agreements. The research problem of this doctoral thesis is the following: (1) the agreements and collective bargaining agreements are sources of social security law? This central problem converges another problem: (2) the pension rights from the conventions and collective agreements persist after the expiry of validity of the agreements and collective bargaining agreements? As hypotheses, the following were formulated: (1) the conventions and collective agreements are sources of social security law. (2) The pension rights from the conventions and collective agreements persist after the expiry of validity of the agreements and collective bargaining agreements based on the principle of sealing the setback. The research of the thesis is relevant scientific and socially for three reasons: (1) provides a legal analysis between two fields of law (labor law and social security law); (2) extends the research object of this thesis to give rise to a transdisciplinary research to the agreements and collective bargaining agreements, which are collective bargaining agreements, can be sources of social security law; (3) the pension rights from the conventions and collective labor agreements are fundamental social rights highlighted social relevance in that the professional categories that celebrate the conventions and collective agreements can fight for the rights gained are permanently incorporated into the heritage collective and individual workers / A tese tem por objetivo geral examinar as convenções e os acordos coletivos de trabalho como fontes do direito previdenciário a fim de discutir como os direitos previdenciários são incorporados ao patrimônio do trabalhador durante e depois da vigência das convenções e dos acordos coletivos de trabalho. Neste sentido é relevante fazer uma releitura dos conceitos de "fontes do direito" a partir do direito constitucional para que sejam examinadas as fontes do direito previdenciário. Há quatro objetivos específicos desta tese: (i) delimitar conceitualmente as fontes do direito; (ii) investigar as convenções e os acordos coletivas de trabalho; (iii) analisar o sistema jurídico de previdência social; (iv) pesquisar os direitos previdenciários oriundos das convenções e dos acordos coletivos de trabalho. O problema de pesquisa desta tese de doutoramento é o seguinte: (1) as convenções e os acordos coletivos de trabalho são fontes do direito previdenciário? Deste problema central converge outro problema: (2) os direitos previdenciários oriundos das convenções e dos acordos coletivos perduram depois de expirado o prazo de validade das convenções e acordos coletivos de trabalho? Como hipóteses, foram formuladas as seguintes: (1) as convenções e os acordos coletivos são fontes do direito previdenciário. (2) Os direitos previdenciários oriundos das convenções e dos acordos coletivos perduram depois de expirado o prazo de validade das convenções e acordos coletivos de trabalho com base no princípio da vedação ao retrocesso. A pesquisa da tese é relevante cientifica e socialmente por três motivos: (1) possibilita uma reflexão jurídica entre dois campos do direito (direito do trabalho e direito previdenciário); (2) amplia o objeto de pesquisa desta tese ao ensejar uma investigação transdisciplinar no sentido de que as convenções e os acordos coletivos de trabalho, que são contratos coletivos de trabalho, podem ser fontes do direito previdenciário; (3) os direitos previdenciários oriundos das convenções e dos acordos coletivos de trabalho são direitos fundamentais sociais de destacada relevância social na medida em que as categorias profissionais que celebram as convenções e os acordos coletivos podem lutar para que os direitos conquistados sejam incorporados definitivamente ao patrimônio coletivo e individual dos trabalhadores

Thesis (MBA)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Collective bargaining has gained more prominence within the industrial relations system as the latter is undergoing a worldwide transformation process. None of the effects of this transformation process is potentially more important to workers than the impact on dispute resolution. Changes in world markets furthermore necessitate a renewed emphasis on quality of products and services. Within this context labour conflicts in the public service have potential crucial consequences for the South African government's ability to promote economic development and service delivery. The Education Labour Relations Council (ELRC) with its nine provincial chambers provides the infrastructure for collective bargaining in the public education sector and plays an important role in managing conflict and disputes within this sector. The goal of this research is to determine whether the Western Cape provincial chamber of the ELRC (PELRC) is effective in the fulfilment of its statutory functions, with specific reference to its collective bargaining and dispute resolution functions. Data has been collected by conducting interviews using an interview schedule. The research indicated that the PELRC does perform its statutory collective bargaining and dispute resolution functions. The PELRC, however, is more active in terms of dispute resolution than collective bargaining. The research established that the PELRC does not measure its effectiveness. Results were inconclusive regarding the PELRC's effectiveness in terms of its service delivery. The research, though did manage to identify those factors that contribute to effectiveness as well as those that counter it. It furthermore indicated that when effective, the PELRC's service delivery has a positive impact on the said statutory functions. / AFRIKAANSE OPSOMMING: Kollektiewe bedinging het in vernaamheid binne die arbeidsverhoudinge sisteem toegeneem soos wat laasgenoemde 'n wêreldwye transformasie proses ondergaan. Geen van die gevolge van hierdie transformasie proses is vir werkers moontlik belangriker as die invloed wat dit op dispuut oplossing het nie. Veranderinge binne wêreld markte het verder 'n hernuwe klem op die kwaliteit van produkte en dienste genoodsaak. Binne hierdie verband het arbeidskonflik in die staatsdiens potensieel kritieke gevolge vir die Suid-Afrikaanse regering se vermoë om ekonomiese ontwikkeling en dienslewering te bevorder. Die Raad van Arbeidsverhoudinge in die Onderwys (RAVO) met sy nege provinsiale kamers verskaf die infrastruktuur vir kollektiewe bedinging in die openbare onderwys sektor en speel 'n belangrike rol in die bestuur van konflik en dispute binne hierdie sektor. Die doel van hierdie navorsing is om te bepaal of die Wes-Kaap provinsiale kamer van die RAVO (PRAVO) effektief is in die uitvoering van sy statutêre funksies met spesifieke verwysing na sy kollektiewe bedinging en dispuut oplossing funksies. Data is ingesamel deur onderhoude te voer waartydens 'n onderhoud skedule gebruik is. Die navorsing het aangetoon dat die PRAVO wel sy statutêre kollektiewe bedinging en dispuut oplossing funksies uitvoer. Die PRAVO is egter meer aktief in terme van dispuut oplossing as kollektiewe bedinging. Die navorsing het vasgestel dat die PRAVO nie sy effektiwiteit meet nie. Resultate was onoortuigend betreffende die PRAVO se effektiwiteit in terme van sy dienslewering. Die navorsing het wel daardie faktore wat tot effektiwiteit bydra sowel as dié wat dit teenwerk geïdentifiseer. Dit het verder aangetoon dat wanneer effektief, die PRAVO se dienslewering 'n positiewe invloed op die genoemde statutêre funksies het.

Thesis. 1976. M.C.P. cn--Massachusetts Institute of Technology. Dept. of Urban Studies and Planning. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 135-137. / by Judy A. Levenson. / M.C.P.cn

published_or_final_version / Public Administration / Master / Master of Public Administration