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Carter Took Away Fed Bargaining Rights

In 1978, Democratic President Jimmy Carter, backed by a Democratic Congress, passed the Civil Service Reform Act (CSRA). This act abolished the US Civil Service Commission and handed all federal labor disputes over to an arbitration board. It also did quite a few other things along the way.

From the federal employees news digest, the Federal Daily:

Labor-Management Relations

Title VII of the Civil Service Reform Act of 1978 (CSRA), established into law a system for federal employees to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal

Key elements of the labor-management program are:

    * Federal employees have the right to join or not to join any labor organization. Unions with exclusive recognition have the right and the obligation to represent all employees in an exclusive unit. Third-party procedures are provided for resolving labor-management disputes
    * The scope of matters subject to negotiated grievance and arbitration procedures includes such adverse actions as discharge, demotion, and long-term suspensions. The negotiated procedures do not cover prohibited political activities, retirement, life insurance or health insurance, suspension or removal for national security, examination, certification or appointment, position classification which does not result in loss of grade or pay or any matter the union and agency agree to exclude. Concerning matters covered by the negotiated grievance procedure with binding arbitration is the sole procedure available to bargaining unit employees—except that in adverse actions, unacceptable performance and EEO discrimination cases the employee may use either the negotiated procedure or the statutory appeals procedure (but not both)…
    * The Act clarifies “management rights,” reserving to agency officials the authority to make decisions and take actions which are not subject to the collective bargaining process, and excludes bargaining on federal pay and benefits or non-voluntary payments to unions by employees. In the management rights area, the Act: (1) prohibits agencies from bargaining on mission, budget, organization, number of employees or internal security; and (2) permits, but does not require, them to negotiate over the methods, means and technology of conducting agency operations. Management’s right to select or non-select from a promotion certificate or to fill a position from any appropriate source (internally or externally) is specifically stated. The Act contains the basic rights of federal employees to form, join and assist labor organizations or to refrain from these activities. It also contains prohibitions against strikes and slowdowns, as well as picketing which interferes with government operations

You will observe that the CSRA severely limits the issues over which federal employees can bargain. Under the CSRA, for instance, no collective bargaining is allowed on salaries, health insurance or pension benefits. And any and all strikes are strictly prohibited.

The CSRA also prohibits employees from being forced to join the union or to have their dues deducted from their paychecks. Which, of course, is the main objection that the unions are raising in Wisconsin and elsewhere.

In sum, thanks to Jimmy Carter’s ‘Civil Service Reform,’ federal employees enjoy far fewer rights than the public unions in Wisconsin would have even under Gov. Walker’s supposedly draconian plans.

This article was posted by Steve on Friday, March 4th, 2011. Comments are currently closed.

4 Responses to “Carter Took Away Fed Bargaining Rights”

  1. River0 says:

    What a shock! Carter did something right. He also got Egypt and Israel together. Doesn’t begin to make up for his lapses, though.

  2. canary says:

    Unions are easy to sue. And this one deserves it. Every WI citizen that pays taxes for the schools in question should get together. They wouldn’t have to fear too much retaliation, because I don’t think the unions have enough nails, thumbtacks, and spray paint to hit every house. lol.

    Sue for day care expensive, loss of work while watching child, loss of education, etc. Imagine the children who unknowingly went to school and were not supervised. Parent’s having to leave work to get them.

    Doesn’t hurt to dream. But, hurting them in the pocket will hurt the Dems and make others think twice before such chaos and turning their capital into a pig sty.

    • Rusty Shackleford says:

      Walker should also consider firing them all, since they are expressly forbidden from striking. A “sick-out” is cover for a de facto work stoppage. At the very least, heavy fines and disciplinary action should occur. Salary withholding, letters of reprimand, etc. Firing is good on the one hand but could harm the kids, all things considered. Plus they would use that in just that context.

      However, at the end of the year, he could fire them all. That would be fun. Then all summer, interview and hire non-union teachers and then watch the test scores go up. Teachers who demanded effort and thinking from their students! What a concept! I think I’m on to something here.

    • canary says:

      Rusty, waiting til summer to fire the teachers is a good idea. This will allow plenty of time to notify them correctly, and keep the teachers and unions busy all summer doing their little grievances and little hearings.

      Tax payers and parents want teachers who foremost teach because they “care” and “want” to teach children. A teacher who keeps a child safe and provides nourishment can help compensate for a poor educational system.
      Teachers have indirectly told the children and youth, I do not care about your education, only the evil money they are supppose to share at that. Those pots and pans banging tantrums, playing sick, poor work ethics and actions which will lead to children not understanding they need to be depended on.

      There are some good teachers. Good teachers aren’t allowed to be good teachers by the the unions main purpose to create jobs and dumb school activities to get more union dues.

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