There are two separate issues in the Wisconsin battle over public sector unionization: (1) the collective bargaining process, and (2) the outcomes of that process.
The outcomes of the collective bargaining process that are under discussion are the wages and benefits of public sector employees. The unions involved understand that economic conditions require painful cuts in pay and benefits. In fact, they agree that the status quo in unsustainable, and they have expressed their willingness to discuss the details. Their offer to negotiate those changes has been refused by Governor Walker.
Over the last few weeks people have cited numerous studies that either affirm or deny the statement that public sector employees are paid more (including benefits) than their counterparts in the private sector. Those on both sides cite statistics that seem to support their respective positions. Yet that public-private pay differential is not the issue here. The real issue is whether public sector employees in Wisconsin will continue to have a voice in discussions about their pay and benefits.
The process of collective bargaining requires the parties to discuss issues related to pay, hours, and terms and conditions of employment. It does NOT require the parties to agree on terms; it merely requires good faith discussion.
Although private sector regulations related to unionization are federal laws, public sector regulations are governed by state laws, which as you may expect, vary considerably. Wisconsin was the first state to agree to allow public sector employees to bargain collectively, so it is more than a little ironic that it is the first state to try to revoke those rights. Its law governing public sector unionization follows closely the findings of its federal counterpart, the National Labor Relations Act. Here is what the Wisconsin law currently says:
“It is the policy of this state, in order to preserve and promote the interests of the public, the employee and the employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules and policies governing state employment, by establishing standards of fair conduct in state employment relations and by providing a convenient, expeditious and impartial tribunal in which these interests may have their respective rights determined.”
In the name of reducing the state’s deficit, Governor Walker clearly is going beyond addressing the outcomes of previous negotiations (i.e., current pay and benefit levels); instead, he is intent upon abolishing the process of collective bargaining for public sector employees in Wisconsin. In short, the battle that has drawn demonstrators from across the country is not about whether the workers’ pay and benefits will change; it’s about whether those employees have a right to be part of the conversation that determines how their pay and benefits will change.
© 2011 Pat Lynch. All rights reserved.