Drug testing in the public sector: The role of unions

Not surprisingly, unions have traditionally played an active role in employee drug testing. And, although the U.S. Supreme Court upheld the constitutionality of drug testing in two 1989 decisions, unions have continued to wage challenges to urinalysis under the U.S. Constitution and in the labor arena. As this research shows, federal as well as state and local government unions have had some success in challenging the categories of employees targeted for testing, good faith bargaining over drug testing, and due process and equity violations around testing.     

A decade of decline: a longitudinal look at big city and big county strategies to cope with declining revenues

Many local governments have now endured a decade of fiscal decline due to periodic reductions in external funding (federal and state and slowdowns in the rate of growth of the state and local government sector. This research examines the extent to which six large jurisdictions (three cities, three counties) under fiscal duress avoided political conflict and prevented further fragmentation of their authority between 1978 and 1987. The results showed that local officials generally chose retrenchment strategies (revenue, expenditure, and borrowing) with the least anticipated political opposition; but where hard choices had to be made (personnel reductions), they were made without hesitation. The timing of politically unpopular choices to coincide with downward trends in the private sector reduced the level of political fallout, even in heavily unionized, socioeconomically diverse communities. The results also showed that local officials strongly endorsed, rather than opposed, strategies that further fragmented their authority (privatization, intergovernmental cooperative agreements), because these approaches produce significant personnel and capital savings in the short term. Finally, the results indicated that the long-term cumulative effects of short-term decremental decisionmaking on the quality of life (as measured by drops in bond ratings) were negative in only one-third of the jurisdictions.     

California local government contracting after proposition 13

Recent fiscal constraints have forced many local governmental jurisdictions to search for alternative service delivery approaches. One approach frequently discussed is contracting out services to the private sector. While local governments in the state of California have been involved in such contracting for many years, the fiscal pressures which brought abut the passage of Proposition 13 have refocused increased attention to activities in this area. This article focuses on local government activities with the private sector, the reasons for deciding to provide services through the contract method, assesses probable outcomes to contracting out, and develops three future scenarios on the issue.     

ISSUE FRAMING AND SECTOR CHARACTER AS CRITICAL PARAMETERS FOR GOVERNMENT CONTRACTING‐OUT IN THE UK

This article shows that variations in how two UK governments justified contracting‐out (issue framing), combined with shifting sector‐derived incentives for union activism (sector character), can help explain the extent of contracting‐out. Janitorial service, an activity of the UK government that should have been ‘low hanging fruit' for its prolific reformers, proved difficult to contract‐out for Thatcher's New Right Conservatives, but easier to contract‐out for Blair's New Labour. The New Right government framed contracting‐out narrowly, as merely an improvement in operational efficiency, and its reform faced unions that stood to lose a great deal from movement of janitorial jobs to private firms. In contrast, the New Labour government framed contracting‐out broadly, as a means to efficient social justice, and faced unions with low stakes in government janitors. As a consequence, UK government units could expect lower benefit and higher cost from contracting‐out janitors under Thatcher than they would under Blair.     

Federal labor relations 2000: Introduction to the symposium

Numerous problems confront federal labor management relations as we approach the year 2000. The legal structure, Title VII of the CSRA of 1978, is under heavy fire from the unions and other quarters. The perennial federal fiscal crisis has regularized retrenchment strategies and damaged the economic standing of unions and their members. The highly restricted scope of bargaining with most of the federal sector and the continuing push for contracting out also grieves the unions. Yet change comes slowly, if at all. This symposium addresses the calls for reform of the legal framework for federal labor relations.     

Federal-employee unions and workforce 2000

Federal-employee unions face many challenges, including coping with the changes implied by Workforce 2000. These changes, coupled with economic and budgetary constraints, should raise the demand for federal sector unionism per se, but unions are hamstrung in their ability to take advantage of the situation. The law regulating labor relations among federal employees weakens the power and hence appeal of unions. The principal federal unions may employ several strategies to take advantage of Workforce 2000, including political activism, but their relative capacities to do so are limited. The American Federation of Government Employees and the National Federation of Federal Employees in particular have massive free-riding problems which strain their ability to serve represented employees.     

Can a developing democracy benefit from labour repression? Evidence from Sri Lanka

While a growing body of academic literature casts doubt on the wisdom of authoritarian responses to labour in developing democracies, few empirical studies demonstrate the adverse effects of excluding organised labour from the policy arena or repressing trade unions in the industrial relations arena. This paper draws on the recent history of state–labour relations in Sri Lanka to help fill this gap. Beginning in the late 1970s, the Sri Lankan government adopted a labour-repressive export-oriented strategy of development. The author shows how the repression of private sector unions during this period destroyed the legitimacy of traditional left unions and the structure of institutionalised bargaining that was in place prior to Sri Lanka's authoritarian period. This erosion of the system of institutionalised bargaining eventually led workers to shift their support to more radical, ‘new left’ unions and culminated in a wave of extreme and violent forms of protest that chased away much needed foreign direct investment. The chaotic consequences of the labour repression suggest two primary conclusions: (a) that prior democratic mobilisation may make labour repression untenable over the long term; and (b) that repression may backfire, creating bursts of highly visible and destabilising protest that undermine the developmental objectives of neoliberal reforms.     

Economic Development Subsidies and the Funding of Private Prisons

For-profit prison corporations have sold prison privatization as a tool for economic development. The idea of prisons became more appealing once for-profit prison corporation demonstrated that they could finance, build, design, and construct prisons with private capital from private investment companies. Many private prisons throughout the United States are provided local, state, and federal economic development subsidies — which may include tax advantaged financing, property tax abatements, infrastructure improvements, and personnel training and development resources. Most research on prison privatization has examined costs and quality comparisons of private run prisons to government run correctional facilities. This article examines the factors that predict economic development subsidies to private prisons, which include: economic, social control, geographic, and political factors. Logistic regression results indicate the per capita gross state product, political ideology, black male disenfranchisement, and mandatory sentencing laws predict economic development subsidies to private prison corporations.     

New federalism and health policy

The making of health policy in the United States is a complex process that involves the private and public sectors, including multiple levels of government. Five characteristics of the policy process are identified, which establish the means by which policies are formulated and which affect the nature of the policies that emerge. These characteristics include (1) the relationship of the government to the private sector; (2) the distribution of authority and responsibility within a federal system of government; (3) the relationship between policy formation and implementation; (4) a pluralistic ideology as the basis of politics; and (5) incrementalism as the strategy for reform. The article focuses on the impact on health policy of the distribution of authority and responsibility within the federal system, particularly the impact of new federalism policies as they emerged during the past decade. The effects of dual federalism, cooperative federalism, creative federalism, and new federalism are examined in relation to health policies. The article concludes with an examination of the challenge to long-established values and health policies posed by new federalism.     

The county perspective on intergovernmental relations and government capacity

This analysis examines the issues of state and federal responsiveness and state and local government capacity from the perspective of county officials. Using data from a national survey of county administrators, elected executives, and commission chairpersons, the study finds that county officials are: (1) very confident of their own capacities to respond to local problems, but not as confident of local fiscal capacities; (2) very concerned about the responsiveness of state governments, particularly state legislatures, to local needs; and (3) not confident of the responsiveness of federal government to local needs either, but desirous of federal fiscal support. The assessments of state responsiveness appear related to state efforts to expand the policy making, taxing, and borrowing authority of their county governments.     

Shared services in Brazilian local government: Urban development in small counties

In this article we break new ground by investigating cooperative agreements in urban development services, which include urban development, housing and sanitation for small local governments in Brazil (i.e., those with fewer than 20,000 residents in 2013–15). We find that public expenditure on urban development can be explained by both horizontal (intermunicipal cooperation) and vertical (public–public partnerships) cooperation. Regarding the impact of public sector cooperation on public expenditure, our results show that housing and sanitation services are less costly under intermunicipal cooperation. By contrast, urban development services are less costly when local authorities do not cooperate with other public entities. For public–public partnerships (with the state or federal government) cooperation leads to an increase in public funding, which implies that cooperative agreements might not lead to lower public expenditure. The findings in this article provide useful empirical insights into the administrative reorganization of Brazilian local government.     

Institutionalizing Participation and Governance? New Participative Structures in Local Government in Ireland

Public service providers and elected levels of government around the world are continually being encouraged to involve citizens in decision-making. Various means of achieving this have been employed by local authorities in different countries. These include local referenda, customer surveys, online discussion forums and citizens' juries. This article draws on the example of new participative committee structures within Irish local government. These seek to involve identified stakeholders (including business, trade unions, the community/voluntary sector and environmental interests) in local government decision-making. These structures were inspired both by international trends towards participatory democracy and Ireland's experience of neo-corporatist 'social partnership' at the national level. This article considers the new committee structures and their composition and examines some of the problems encountered. It demonstrates that recent research into these new structures supports many of the concerns that have been raised in the literature on varying participative mechanisms practiced in other countries.     

Regulatory reform,property rights,and economic development

Overcoming tradeoffs between the social benefits of regulation and the economic benefits of development has never been easy in practice. This article examines the economic development consequences of state and local regulation by developing a framework that provides a theoretical basis for expecting regulatory costs to influence the amount and location of new development. After elaborating the theory, I identify two ways state and local governments may be able to pursue regulatory goals without creating disincentives for economic development. One approach is for state or local government to socialize costs of regulatory compliance through public expenditures or subsidies. A second, and more promising, approach is to pursue regulatory reform which lessens private sector transaction costs by reducing regulatory uncertainty. This framework is illustrated using two cases: state regulation of the chemical industry, and growth management regulation.     

PUBLIC SECTOR PAY BARGAINING: COMPARABILITY, DECENTRALIZATION AND CONTROL

Public sector pay, as a key component of public expenditure, has been a major issue for government since the mid-1970s. This article analyses public services pay bargaining since 1979 and examines the continuing tension between the control of public sector pay levels on the one hand and the wish to make pay levels more responsive to external market forces on the other.
The article concentrates on the changes in pay bargaining in the public services. It does not purport to provide a detailed economic analysis of the outcomes of the various phases in public sector pay policy, but does attempt to explain the process implications of the political contingencies and rationale driving government policy on pay determination. In particular it notes the resilience of national pay-setting arrangements and pay comparability throughout most of the period under review, despite the political rhetoric, emphasizing the pragmatism of government policy. The latter section of the article reviews the current policy, with its emphasis on decentralized pay determination, and considers these new developments within the context of private sector collective bargaining theory.
The evidence from the private sector suggests that pay determination in the private sector is complex and that levels of bargaining relate to various factors. Decentralization is neither a panacea for poor performance nor necessarily problem free. Devolved pay determination can lead to problems of control over costs and, in the context of high levels of trade union organization, to pay'leapfrogging'. The article concludes that there is a continuing contradiction between the role of the government as an employer, keen to devolve pay decisions to local level, and that of economic regulator with responsibility for the wider economy. This continuing tension indicates that decentralized pay bargaining in the public sector will be limited in its scope by some form of central government control.     

THE PUBLIC/PRIVATE SECTOR CLEAVAGE REVISITED: THE IMPACT OF GOVERNMENT EMPLOYMENT ON POLITICAL ATTITUDES AND BEHAVIOUR IN 11 WEST EUROPEAN COUNTRIES

This study explores a refined model of public/private sector cleavage voting. Assuming that market and work experiences are crucial for people to develop common political views, it investigates three contexts that shape government employees' willingness to vote as a single constituency: the branch of public sector production, the occupational status, and the type of service economy. Estimation results obtained from regressions on European Social Survey (ESS) data indicate that government employees in public health, education and service production rather than public administration utilize sector cleavage voting. Regardless of their actual occupational status, public health and education employees show persistently stronger attitudes in favour of expanding state responsibility. With respect to party choice, stronger signs of alignment along the sector cleavage are observed in Social Democratic service economies. In sum, the public/private sector cleavage continues to matter in a more complex way than a simple sector dichotomy would suggest.     

Turnaround Management Strategies in Local Authorities: Not Only for Poor Performers

In the past four decades, UK government policymakers have sought to improve the performance of local government by trying to achieve organisational turnaround and bring laggards up to the standards achieved by the leaders. Both the Conservative Party and New Labour led new public management reforms aimed at modernizing and improving local government authorities by adopting standards from the private sector. Given the pressure to improve, failing local authorities have been pushed to adopt a unique set of strategies known as turnaround management strategies (TMS). However, this paper, based on qualitative data and a survey of 126 senior local leaders, shows that TMS have been implemented to a high extent among both poor and excellent performers. The paper concludes that regardless of their objective performance ranking, English local authorities are characterised by a self-perception of underachievement. As a result, high performers continuously implement radical changes.     

Competency Frameworks in The Belgian Governments: Causes, Construction and Contents

The Belgian Federal government and the Belgian Flemish government have picked up competency management as a multifaceted tool to suit their own visions of organizational change rather than simply responding to a new management trend in the private sector. Both governments have used it to foster both vertical and horizontal integration in their fragmented administrations, and to deal with problems of recruitment and retention of qualified personnel. The analysis presented here also reveals that the seemingly uniform use of 'competency speak' hides multiple dimensions that provide several solutions to different organizational problems. At the same time, the cases examined demonstrate how the new tools both serve and disconcert the diverse bureau-political interests of top civil servants, trade unions and Human Resource Management units. In addition, we examine how the new tools break with at least two traditional features of the highly formal and rigid career systems and the relatively low status of officials in the Belgian administrations.     

Local Government Partnerships in Urban Management: The Case of South Asia

The article examines emerging partnerships in local government in South Asia. It argues that public private partnerships at local authority level tend to emerge where existing service deficiencies are greatest and most often involve the private voluntary sector. These partnerships typically function as 'hybrid' concessions where the private operator performs a service and collects a fee but without responsibility for capital investment. Many of the most successful partnerships have operated at the most localised level involving a coalition of stakeholders under local authority co-ordination. However, few partnerships have developed adequate mechanisms for joint planning, management and monitoring of services.     

Contracting Out: Dutch Municipalities Reject the Solution for the VAT Distortion

In 2003, the Dutch government introduced a VAT-compensation fund in order to create a level playing field for local governments with respect to Value Added Tax (VAT). This fund eliminates the effect of the tax difference between local governments that supply services themselves and local governments that contract out services to the private sector. However, as this article shows, according to most municipalities, differences in their treatment in terms of VAT did not hinder the contracting out of public services. Therefore, the VAT compensation fund lacks legitimacy. It appears to have had little effect so far, as the number of contracted-out public services has hardly increased since its introduction. In general, municipalities have a negative opinion of the fund. They state that non-budgetary effects and institutional considerations, such as the quality of services, the vulnerability of municipal activities and concern for employment in the municipality itself, are more relevant to decision making on outsourcing.     

Social housing under the Workers’ Party government: an analysis of the private sector in Brazil

This article examines the patterns of government intervention in social housing in Brazil to analyse the role of the private sector in the elaboration and implementation of social housing policies during the Workers’ Party government. It draws on case study research, and I examine areas which impact on the way social housing has been implemented since 2003 to study the concentration of decision power the private construction sector has on social housing policymaking, which sets the tone of government intervention on social housing. I argue this was part of the Workers’ Party’s approach to neoliberal policies in a more moderated style, a type of intervention repeated on numerous occasions under previous administrations. This article concludes by noting the prominent role of the private sector in social housing developments.