| NYC Comptroller and mayoral candidate Bill Thompson is quoted in the NY Post as saying that he's "not averse" to modifying the Taylor Law. Mayor Michael (excuse me, "Mike") Bloomberg is clearly opposed to it.
The Taylor Law prohibits unionized government (or public authority) workers from staging any kind of work stoppage. The concept behind the law is that we as a society cannot afford to have our police or firefighters go on strike. The transit strike a few years ago pointed up just how damaging some work stoppages can be.
The problem is that when workers can't strike they can't force management (the government or public authority) to negotiate. "Mike" Bloomberg forced police officers to go almost five years without a contract, because he refused to negotiate with them. It can make one wonder what damage could be done when the morale of our first responders is affected by the mayor's refusal to treat them with dignity.
While the Taylor Law does provide for binding arbitration, the real-world fact is that nobody wants to go there -- ever. Binding arbitration, unless there is some escape clause, has proven to be untenable time and time again. (Baseball fans will remember the days of binding arbitration there -- it was a disaster, as marginal players were granted exorbitant salaries while bona fide superstars were actually given less.) That's why, over the years when the NYPD was working without a contract, they elected to continue that process rather than go to binding arbitration.
The question, therefore, is what kind of changes should be made to the Taylor Law? I offer one solution:
Allow the union to go to a judge, or to the National Labor Relations Board (NLRB), and ask for a ruling that the government isn't "negotiatiing in good faith." There is a wealth of case law regarding this phrase, so we're on pretty stable ground here. Once a ruling is made that the government isn't negotiating in good faith, the clock starts ticking; after a certain amount of time (say, 30 days), the union may go on strike if a tentative deal isn't reached. Perhaps during the "clock ticking" time a mediator can be brought in to try to help. The only two ways to stop the clock are for the government to get a ruling that the union isn't negotiating in good faith or for a deal to be reached.
Under this scenario, there is no need for binding arbitration, both sides will be required to negotiate, and contracts will be reached. Only in the most extreme circumstances (such as someone like "Mike" Bloomberg trying to exercise dictatorial control) will there be even the threat of a strike -- in which case the cost of our government workers not having a contract could be even worse, so the threat of a strike would be a better scenario.
Of course, for such a modification to be put into effect it would have to be passed in Albany, and right now there aren't a lot of people up there who know anything about negotiating in good faith. |
