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Public sector collective bargaining and impasse resolution: an analysis of the Oregon fact-finding process

The topic of this dissertation is the fact-finding stage of Oregon's public sector impasse resolution procedure. The use of fact-finding has dramatically increased because of the recent and rapid growth in public sector collective bargaining, and the resulting increase in public sector strikes. Beginning in 1962 with John F. Kennedy's Executive Order 10988, a series of federal and state laws were passed granting and expanding collective bargaining rights to public employees. Many of the state laws resemble the private sector model provided under the Labor Management Relations Act of 1947 (Taft-Hartley); however, the use of the strike as a weapon to enforce bargaining in good faith and resolution of conflict has been limited for public employees because of the potential threat of disruption of public services and interference with the sovereignty of the government. Such anti-strike legislation, however, has not prevented public employee strikes. The purpose of this study is to analyze the purpose, nature, and effectiveness of Oregon's fact-finding phase of impasse resolution. Because of the impact the home rule issue has had on the use of Oregon's impasse procedures, this study will focus on those sectors where use of fact-finding has been extensive, consistent and unaffected by the home rule issue. This analysis of fact-finding represents the first comprehensive and systematic assessment of the impasse procedure to be undertaken in the state since the 1973 law was passed. Such analysis will identify the significant variables in the efficacy of fact-finding and will bring together practitioners' views on the viability of the process. This latter dimension is critical in that the opinions of these participants in the labor relations field will likely affect and shape future legislation on fact-finding.

Identiferoai:union.ndltd.org:pdx.edu/oai:pdxscholar.library.pdx.edu:open_access_etds-1835
Date01 January 1979
CreatorsHaney, Martin David
PublisherPDXScholar
Source SetsPortland State University
Detected LanguageEnglish
Typetext
Formatapplication/pdf
SourceDissertations and Theses

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