Public Sector Bargaining Law with Impasse Procedures
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Public Sector Bargaining Law with Impasse Procedures
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Public Sector Bargaining Law with Impasse Procedures
This Act standardizes government negotiating stalemate techniques to help resolve labor
disputes quickly and fairly. This bill addresses workers' strike rights, alternative dispute
settlement, and stakeholder outreach.
Section 1: Right to Strike
1.1. Workers' Right to Strike:
Collective rights state that public sector workers should strike only
as the last option. However, public safety and essential service disruptions will limit this
independence.
1.2. Strike Notice and Cooling-Off Period
: Workers must give a 3-day notice before striking for
discussions and mediation. The parties must negotiate in good faith for seven days after the strike
notification (Zumbolo, 2018).
Section 2: Third-Party Dispute Resolution Procedures
2.1. Mediation
: Mediation is required when negotiations fail. An independent mediator will help
the parties achieve an agreement. Mediation will be voluntary and non-binding to facilitate
dispute resolution.
2.2. Fact-Finding
: Fact-finding follows mediation if the impasse persists. An independent
committee of specialists will investigate the disputes and write a detailed report. The fact-finding
mission will inform negotiations.
2.3. Arbitration
: Binding arbitration is required if parties cannot agree after gathering all
necessary information. An impartial arbitration panel of subject matter experts will review the
evidence and make a binding decision (Zumbolo, 2018). Neutral, fair, and public-interested
arbitration is required.
Section 3: Selling the Plan to Interested Parties
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.1. Workers
: To win over workers, emphasize that the law guarantees their right to strike as a
last resort, which improves their collective bargaining position. The law requires impartial third-
party dispute resolution to level the playing field (Chaykowski, 2019).
3.2. Public
: To avoid public service disruptions, emphasize the law's necessary negotiation and
mediation. Fact-finding and arbitration can overcome deadlocks and reach objective decisions.
3.3. Employer Organizations
: Show how impasse processes can help by describing what to do in
a disagreement. The law promotes stability, lowers labor disputes, and stimulates productive
conversations by involving impartial mediators and specialists in fact-finding.
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References
Chaykowski, R. P. (2019). Time to Tweak or Re-boot? Assessing the Interest Arbitration Process
in Canadian Industrial Relations.
Assessing the Interest Arbitration Process in Canadian
Industrial Relations (April 4, 2019). CD Howe Institute Commentary
, 539.
https://dx.doi.org/10.2139/ssrn.3366583
Zumbolo, A. (2018). The Acceleration and Decline of Discord: Collective Bargaining Impasses
in New York State.
Hofstra Lab. & Emp. LJ
, 36, 163.
https://heinonline.org/hol-cgi-
bin/get_pdf.cgi?handle=hein.journals/hlelj36§ion=9