ABSTRACT

This chapter discusses the history and legal basis of collective bargaining, focusing on differences between the public and private sectors, and between the United States and other countries. It explains the connection between public agencies' legal obligation to protect employees' constitutional rights in the United States and unions ‘in their members' individual rights as employees. The chapter describes collective bargaining practices: unit determination, recognition and certification, preparation for negotiation, contract negotiation, contract ratification, and contract administration. It explores the public sector labour relations in terms of partnerships, gain sharing, and alternative dispute resolution. The chapter identifies contemporary and issues regarding the planning, acquisition, development, and sanction functions. Collective bargaining is primarily focused on the sanction function, in that through collective bargaining the conditions and terms of the employment relationship between employee and employer are determined and maintained. Collective bargaining is a traditional approach to labour relations that has a long and sometimes bitter history in the private sector.