Professional Documents
Culture Documents
References....................................................................................................365
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Preface
Since the completion of the fourth edition of this book, unions have encountered
fierce attacks from Republicans, Tea Party zealots, and conservative Democrats.
Those in the private sector have suffered membership declines for more than 60
years. Despite determined efforts to reverse this unhappy trend, the unions have
made little, if any, progress in stemming the powerful tide against them in the pri-
vate sector. In government, union membership, stagnant from the 1980s to 2010,
has suffered substantial declines nationwide as the consequence of layoffs driven
by the Great Recession and retraction of collective bargaining rights in Michigan,
Wisconsin, and other states. Conservative forces against public employee unions
and c ollective bargaining have been in a perpetual attack mode in many states and
localities. Meanwhile, spurred by New Public Management reforms, fundamental
restructuring of private and public organizations and the processes they use to con-
duct their business continue at a fast pace. Globalization of labor, manufacturing,
and services profoundly challenges unions in the business sector. For their coun-
terparts in government, continuing citizen resistance to government taxing and
spending joined with efforts to marketize and outsource government have posed
serious challenges to unions. Nonetheless, managing in a union environment is a
reality for approximately 40% of public managers, with unions remaining as key
political actors in the federal government and in a large proportion of state and
local jurisdictions.
This fifth edition of Labor Relations in the Public Sector has been completely
updated in terms of the scholarly and professional literature and relevant events.
As in previous editions, collective bargaining and labor relations are addressed at
all levels of government, with comparisons to the private and nonprofit sectors.
Interest-based (win–win) negotiations are a prominent theme in discussions of the
bargaining process and contract administration. The fifth edition features new case
studies that are intended to provide students with experiential learning opportuni-
ties. The fundamental organization of the book remains the same.
The fifth edition is designed to be classroom friendly. As before, the book is
intended for use in graduate and undergraduate courses in labor relations, collective
bargaining, human resource management, and problems in public administration.
xiii
xiv ◾ Preface
Richard C. Kearney
North Carolina State University
Patrice Mareschal
Rutgers University
Authors
xv
List of Case Studies
xvii
Chapter 1
I. Introduction
As the Industrial Revolution dawned in England in the mid-eighteenth century,
the employer’s authority was absolute and completely free from laws or government
regulations. Employers unilaterally determined wages and the terms and conditions
of employment for their workers. As a practical matter, all but the most skilled
workers had to take jobs as they came, with little or no opportunity to influence
compensation levels or the nature of work. Conditions in the factories were deplor-
able: poorly lighted and ventilated, noisy, dangerous, and dirty working spaces;
12- to 14-hour days, 7 days a week; and children as young as 6 years toiling on the
factory floor. Early efforts to form trade unions were violently suppressed by laws
forbidding organization as a criminal conspiracy that interfered with commerce.
It was a long, hard struggle for employees in England and Europe to gain the
rights to organize and bargain collectively, and it took nearly 200 years in the
United States. The transition from autocratic corporate authority to organized
labor and collective bargaining was long, arduous, and sometimes bloody. Early
union organizers and their supporters often met with brutal repression by police
and hired thugs (see, e.g., Salmond 2004; Green 2006). Today, labor rights are held
in nearly all nations. Labor, in this sense, is triumphant. But unions in the United
States today face new sets of problems and challenges, the outcomes of which could
well determine their very existence in the next few decades.
This chapter discusses the history and development of unionization and collec-
tive bargaining in the private sector and in government. The roots of government
unions are traced through a historical examination of the American trade union
movement. The development of public sector unionization is examined, including
key factors that contributed to the growth of unions in government.
1
2 ◾ Labor Relations in the Public Sector
sought the 10-hour day won in some cities by their private counterparts. Most of
this activity was concentrated in federal naval shipyards in Philadelphia, Boston,
and New York. Later, when agitation for the 8-hour workday began, the first
employer to grant it was the federal government, at the Charleston Navy Yard,
South Carolina, in 1842. According to Spero (1948: 87), the drive for the 8-hour
day “led to the crystallization of the principle of the state as a model employer
maintaining the highest possible working standards in its services as an example
for others to follow.”
During this early period of growth and development, unions’ organizational
health was highly dependent on national economic conditions; unions suffered dur-
ing hard times and revived during more prosperous times. For example, there was
a tremendous increase in union membership during the Civil War and immedi-
ately afterward as a consequence of industrial growth related to the war effort. The
Depression of 1873, however, was accompanied by a startling decline in national
union membership, from 300,000 to 50,600 within 5 years. By 1885, improved
economic conditions pushed membership growth back to the 300,000 mark. The
direct relationship between economic tailspins and union membership declines
reversed early in the twentieth century. Unions declined during the prosperous
1920s and made their most spectacular gains during the Great Depression era of
the 1930s.
Nonetheless, economic conditions continue to influence union fortunes. For
instance, when unemployment is low and consumer demand for products is high
employers tend to accommodate employee demands, perhaps even the demand for
unions. Concurrently, risk-taking union advocates and organizers find it relatively
easy to locate new jobs if they are fired. Thus, unionism is likely to flourish during
favorable economic conditions but flag during periods of high unemployment and
a weak economy (Reder 1988: 92, 93). Of course, many other factors also influence
union fortunes. During the past six decades, private sector unions have struggled
with membership losses during good and bad economic times. However, the Great
Recession of 2008–2011 was accompanied by the most severe attack on unions—
particularly in government—since the 1930s.
B. Business Unionism
The real battles within the labor movement in the United States have been fought
not over questions of political ideology but over issues of which types of workers
should be organized and by whom. The ethos of business unionism, as originally
professed by Samuel Gompers, has dominated the American labor movement.
Economic gains and improvements in working conditions have served as the pri-
mary objectives of trade unionism, not social and political change. Theories of
the labor movement in the United States reflect the early ascendancy of business
unionism, asserting that American workers have joined unions out of concern for
job security (Tannenbaum 1921; Perlman 1928), as a means for democratizing the
workplace (Webb and Webb 1897), as a result of expansion of the job market from
increased industrialization (Commons et al. 1936), from a crystallization of group
interests arising from workers’ social and economic situations (Hoxie 1928), and
in response to various pay and fringe benefit incentives (Olson 1965). The Marxist
(and IWW) philosophy that unions should form the locus of a working class con-
sciousness and serve as the basis for restricting competition over jobs has never been
widely accepted in the United States.
As already noted, the earliest organizing efforts were among the craft unions.
Heavy industrialization, which began during the mid-1800s, provided a new and
rapidly growing industrial labor force of unskilled and semiskilled workers who
were not trade or craft oriented. Organization of this new pool of workers would
have to be along “shop” lines, based on the place of work rather than the type of
work. The Knights of Labor launched the first significant effort to capture this
industrial segment of the workforce.
Originally formed in 1869 as a craft union for custom tailors in Philadelphia, the
Knights gradually began to include other crafts under its organizational umbrella.
Within 10 years, it had evolved into the first national labor union in the United States.
The Knights dropped its status as a secret society and, under the leadership of an
affable Irishman named Terence V. Powderly, began to seek both craft and industrial
affiliates throughout the country. By the time of its successful 1886 strike against
financier Jay Gould and the Wabash Railroad, the Knights claimed a membership of
700,000. However, the Knights’ membership was somewhat unstable and d ivisive,
and a subsequent series of ill-conceived and violent strikes led to one defeat after
another for the union (Phelan 2000). By the turn of the twentieth century, the Knights
of Labor was nearly extinct. Further organization of unskilled workers awaited the
development of the Congress of Industrial Organizations (CIO) in the 1930s.
The remaining craft union pieces of the complex Knights of Labor organiza-
tional mosaic were quickly gathered by the American Federation of Labor (AFL),
which was originally established in 1881 in Pittsburgh, Pennsylvania, as a federa-
tion for skilled craft workers. The 25 national craft union affiliates elected Samuel
Gompers, head of the Cigar Makers Union, as their first president. The ultimate
pragmatist, Gompers soon made the AFL a major actor in the American economic
6 ◾ Labor Relations in the Public Sector
system. Gompers was, in essence, a free marketeer who rejected philosophical, politi-
cal, and social issues in favor of advancing and protecting members’ economic inter-
ests. Under his leadership, the AFL grew steadily, surviving both the Depression of
1893–1896 and a violent strike that broke the back of an AFL local at the Carnegie
Steel Company in Homestead, Pennsylvania. The AFL also proved strong enough
to withstand the scientific management movement of Frederick W. Taylor, court
injunctions against strikes and other union actions, and years of stifling “yellow-
dog contracts” (a contract in which a worker promised not to join a union while
under the hire of an employer). There were, however, some dark times, particularly
following World War I and during the early years of the Great Depression.
The AFL’s resurgence after the Great Depression was, in the words of Sloane
and Witney (1981: 75–76), “in spite of itself,” as the union “almost snatched defeat
from the jaws of victory.” A leadership gap was part of the problem (Gompers had
died), but more to blame was the union’s continuing reactionary posture against
mass production workers whom the Knights of Labor had first tried to organize.
The AFL’s unrelenting refusal to allow unskilled industrial workers into the orga-
nization eventually prompted a secessionist movement steered by John L. Lewis
of the United Mine Workers. After Lewis’ efforts to gain affiliation for industrial
workers failed at the 1935 AFL convention in Atlantic City, New Jersey, he did not
exit meekly. According to Sloane and Witney (1981: 77), “Lewis, never one to cam-
ouflage his emotions for the sake of good fellowship with his AFL colleagues, left
Atlantic City only after landing a severe uppercut to the jaw of Carpenter Union
president William L. Hutcheson….” Lewis then formed his own industrial union,
which came to be known as the CIO. There followed another, later attempt to affili-
ate under the AFL banner, but it culminated in expulsion of CIO leaders and the
more than 30 national unions that had joined forces with the CIO.
Lewis’s independent CIO was highly successful in organizing industrial work-
ers, such as those in the automobile and steel industries, so much so that the AFL
finally recognized the error of its ways and began competing for unskilled workers.
Not to be outdone, the CIO responded in kind by organizing craft workers. In
1955, after years of fierce interunion conflict and competition, the AFL merged
permanently with the CIO, becoming “the united house of labor.”
The labor battles had been fought not over political ideology or competing
grand visions of American society but over organizing workers and the mundane
bread-and-butter issues that remain paramount to this day: wages, benefits, work-
ing conditions, and job security. To George Meany, as well as to other mainstream
labor leaders, ideology was “baloney” (Sloane and Witney 1981: 94). Unions did
become active in the political arena during the 1960s and remain so today, pressing
a broad national agenda for social betterment and economic reform with varying
degrees of success. However, no coherent ideology is apparent, and a capitalist men-
tality pervades the U.S. economy and polity (Godard 2009). Ironically, the year
following the AFL–CIO merger marked the beginning of a long and continuous
decline in union organization in private employment.
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The manor Mickle-Over with the three chapelries of Finderne,
Little-Over, and Potlac, was granted by William the Conqueror to
Burton Abbey, and it remained with it till the dissolution of
Monasteries, when Henry VIII. granted the manor to his secretary,
Sir William Paget. Thomas, Lord Paget, sold the manor to the
famous Lord Mayor of London, Sir Thomas Gresham, whose widow
married again, and left the property to Sir William Reade, her son by
her second husband. Sir William Reade’s daughter and heiress
married Sir Michael Stanhope, and had three daughters, co-
heiresses, between whom the estates were divided. In 1648, Edward
Wilmot bought two shares, viz., Little-Over and Finderne, which were
again sold by Sir Robert Wilmot to Edward Sacheverell Pole in 1801.
The remaining share, Mickle-Over, was sold to Sir John Curzon in
1648, from the Curzons Mr. Newton bought it in 1789. An ancestor of
Mr. Newton who died in 1619, had previously inherited the manor-
house of Mickle-Over by marriage with the heiress of William Gilbert,
to whom it had been sold by Sir Thomas Gresham. The house is
now occupied by the tenant of the farm.
Little-Over is about two miles from Mickle-Over, and used to be the
seat of the Harpur family, Chief Justice Sir Richard Harpur built the
manor-house, in which the family lived till the days of John Harpur,
who died in 1754, when the property passed to the Heathcotes. In
the church is a costly monument to Sir Richard Harpur, son of the
Chief Justice, and his wife Mary, daughter of Thomas Reresby. The
church consists of nave, chancel, north aisles, and bell turret on the
west gable. The blocked-up Norman doorway in the west end is the
only relic of ancient days.
Finderne is a small village, about two miles from Repton. It had a
very interesting old chapel, dating back to its Norman days, but in
the year 1862 it was completely destroyed. It must have been like
the chapel at Little-Over. The present church consists of nave,
chancel, and tower, with a spire at the west end. The only relic of the
Norman church are the tympanum of the old south door, carved in
chequered pattern, with a cross formée in the centre, and a recessed
founder’s arch in the north wall of the chancel, which contains a
much mutilated effigy of a priest.
The most valued possession of the church is a small chalice and
cover, considered to be the oldest piece of church plate in the
county. The Hall-mark shows it to be of the year 1564-5.
The Vicar of Finderne, the Rev. B. W. Spilsbury, has in his
possession a very curious and rare relic of mediæval times. It is a
small sculptured block of alabaster, 8¾ inches by 7 inches, and 1½
inches thick. There is a beautifully drawn and painted copy of it in
Vol. VIII. of the Derbyshire Archæological Journal, by Mr. George
Bailey, also an article on it by the Rev. J. Charles Cox.
A little above the centre, resting on a dish, is a head, below it is a
lamb lying on a missal or book. On the right side is a bare-headed,
full length figure of St. Peter, holding a key in his right hand, and a
book in his left. On the left side is a similar figure of an archbishop,
with a mitre on his head, a book in his right hand, and a cross-staff in
his left. The back ground, i.e. the surface of the block, is painted a
dark olive green. The head, dish and robes an orange brown. The
hair, rim of the dish, and edges of the robes, books, key, and cross-
staff are gilded. The lining of St. Peter’s robe is red, that of the
archbishop is blue. The head and dish occupy three quarters of the
space. Dr. Cox enumerates ten similar pieces of sculpture, all of
which have figures of St. Peter on the right side, and all, except one
which bears a figure of St. Paul, have a mitred archbishop on the
left, which is supposed to represent either St. Augustine, or St.
Thomas of Canterbury. The chief differences are in the figures above
and below the central head and dish. There is a cut on the forehead
over the left eye. Several suggestions have been made respecting
the head. It has been said to represent (1) The head of St. John the
Baptist, (2) The Vernicle, (3) The image of our Lord’s face, given to
King Abgarus, and (4) The First Person of the Holy Trinity. Which of
these is right is a matter for discussion, but “the block, no doubt, has
reference to the presence of our Lord in the Sacrament.”
At the back there are two holes, into which pegs could be inserted,
for the purpose or fixing it above an altar, on a reredos or otherwise,
in oratories or chantries. All the examples known were made about
the same date, at the end of the fourteenth or the beginning of the
fifteenth century.
The Vicar of Finderne also has an old deed, dated 1574, which
sets forth that, in that year, Sir Thomas Gresham sold his property at
Finderne, with manorial rights, to twelve men whose names are
given. He had 1272 acres in Finderne, and 378 at Potlock.
Potlac or Potlock was the seat of the old family of Finderns, who
for nine generations lived here (as tenants under the Abbots of
Burton), from the reign of Edward III. to Elizabeth, when Thomas
Finderne died, in 1558, leaving all his estates, here and elsewhere,
to his sister Jane, who married Sir Richard Harpur, one of the
Justices of the Common Pleas, ancestor of Sir Vauncey Harpur-
Crewe, Bart., of Calke Abbey.
The ancient manor-house, and chapel, dedicated to St. Leonard,
have disappeared. A farmhouse occupies the site of the former, and
only a few cedar trees and Scotch firs remain near the house to
connect it with the past.
NEWTON SOLNEY.
About a mile and a half from Repton, situated on the banks of the
Trent, is the pretty village of Newton Solney. To distinguish it from the
hundred or more Newtons, the name of the ancient owners Solney
or Sulney is joined to it. The manor was held, in the reign of Henry
III. (1216-72), by Sir Norman, who was succeeded in turn by Sir
Alured, Sir William, and another Sir Alured de Solney, who came to
the rescue of Bishop Stretton at Repton in 1364 (see p. 52). Sir
Alured died at the beginning of the reign of Richard II. (1377-99), and
left a son Sir John, who died without issue, and two daughters,
Margery, who married Sir Nicholas Longford, and Alice, married
three times, (1) Sir Robert Pipe, (2) Sir Thomas Stafford, (3) Sir
William Spernore. During the reign of Henry VIII., the manor was
bought of the Longfords by the Leighs. Anne, heiress of Sir Henry
Leigh, married Sir Simon Every in the reign of James I.
Abraham Hoskins, Esq., purchased the estates from Sir Henry
Every, Bart., about the year 1795, and took up his abode there. In
the year 1801 he erected a range of castellated walls, called
“Hoskins Folly,” on the high land between Newton and Burton, as a
kind of look-out over the surrounding country, later on, he converted
it into a house and called it “Bladon Castle.” Mr. Robert Ratcliff is
now the owner of the manor and patron of the living, which is a
donative. Besides “Bladon Castle” there are two principal houses,
one occupied by Mr. Ratcliff called Newton Park, and the “The Rock”
occupied by Mr. Edward D. Salt.
The picturesque church, which has been carefully restored,
contains specimens of all the styles of architecture from the Norman,
downwards. It consists of nave, chancel, north and south aisles, with
chapels, at the east end, separated from them and the chancel by
pointed arches. The chancel arch was probably removed during the
Perpendicular period.
There are three very ancient monuments of knights, which are well
worth a close inspection.
The oldest of them is now lying under an arch at the west end of
the south aisle, it is the freestone effigy of a mail-clad knight, with a
shield on his left arm, his hands are on a sword, suspended in front
on a cross-belt, unfortunately the effigy is much mutilated, the lower
part has gone.
The second, also of freestone, is under the tower, on the north
side, the head has gone, the figure is clad in a surcoat, girded by a
sword belt, parts of armour are seen in the hauberk, the feet rest on
foliated brackets of Early English work.
The third, on the south side, opposite number two, is a very
beautiful effigy in alabaster, resting on an altar tomb of the same
material. On the sides are eleven shields. The effigy will well repay a
very close inspection, it is one of the most highly finished in the
county. From its head (wearing a bassinet) down to its feet, every
detail has been elaborately worked out. Most probably the
monuments represent three members of the de Solney family, but
which is a matter of discussion.
The effigy of Sir Henry Every, Bart., has been transferred from the
chancel and placed beneath the west window of the tower. It is of
marble, and the effigy is clad in a toga and sandals of a Roman
citizen, the contrast, between it and the other two ancient ones, is
most striking! On the front of the monument is the following
inscription:—
The floor of the tower has been paved with encaustic tiles found
during the restoration, they are supposed to have been made at
Repton.
Since Dr. Cox wrote his article on Newton Solney Church the
restoration, referred to above, has been made, the whole of the
fabric has been very carefully restored, a new south porch, of stone,
has taken the place of the former brick one, the floor has been
lowered and paved with stone, with blocks of wood under the pews,
which are also new, of pitch pine.
Calke, 134-5.
Canons of, 10.
Abbey, 50.
Cambridge, 12.
Camp, Repton, 3.
Canons’ Meadow, 4.
Canons of Repton, 16.
Canute, King, 9, 16.
Carlisle, Bishop of, 126.
“Causey, the,” 66.
Cedda, 8.
Chad, St., 8.
Chalice and Cover at Finderne, 128.
Chandos, Sir John, 109.
Chandos-Poles of Radbourne, 109.
Charles I., 5, 95, 113, 126.
II., 69.
Charnwood Forest, 1.
Charters of Repton Priory, 51.
Repton School, 64.
Chellaston Hill, 91.
Chester, Hugh, Earl of, Matilda, Countess of, 10, 51.
Randulph, Earl of, 3, 10.
Chester, West, 62.
Chesterfield, Philip, 1st Earl of, 104.
Chief events referred to, &c., 87-90.
“Chronicon Abbatiæ de Evesham,” 15.
Chronicles (Rolls Series), 15.
“Church Bookes,” 36.
“Churchwardens’ and Constables’ Accounts,” 30-41.
Cissa, 11.
Civil War, 5, 105.
Clinton, William de, 3
Cokayne, Sir Arthur, 105.
Coke, Sir Thomas, 126.
Coleorton Hall, 92.
“Communion Cupp” at Hartshorn, 107.
Conquest, the, 3.
Conway, Sir W. Martin, 46.
Cornavii or Coritani, 8.
“Counter Jail,” the, 126.
Cox, Dr. Charles, 17, 30, 50, 117, 122, 126, 128, 129, 132.
Creçy, Battle of, 93.
Crewe, Sir George, 134.
Cromwell, Thomas, 53.
Cross, Repton, 4, 35.
Crowland, 12.
Abbey, 14, 15.
Croxall, 52.
Crypt of Repton Church, 17.
Culloden Moor, Battle of, 102.
Curzon, Sir John, 127.
Cyneheard, 9.
Cynewaru (Kenewara), Abbess of Repton, 9.