Question

How do labor relations practices in the public sector differ from those in the private sector? How does job security factor into public personnel management- is tenure still valid?

Answer 1

Many employees in the private sector are "at-will" employees and may be dismissed for any cause other than race, sex, exercise privileges granted by laws such as workers ' compensation and fair testimony in court. Employers in the public sector are usually unable to punish, demote or fire employees unless there is a "cause" such as violating the laws of employment, dishonesty, negligence or poor performance. Government employees who are not "at-will" provide testimony at a hearing or explanations why dismissal or other disciplinary action does not occur. Federal law grants the private sector, but not the public sector, the right to form trade unions of workers, to bargain with employers for wages and working conditions, and to take group action on their jobs, including the right to strike. As an employer in the private sector, you may not fire, punish or reduce workers ' wages to join a union or exercise their collective bargaining rights. Most states have granted the right to join unions to public employees and to bargain collectively for certain benefits.

If the employee is notified that no answers will be used to prosecute the employee, a public employer may ask an employee to answer questions in an internal agency investigation. Private-sector workers do not have these "garrid" rights as the Fifth Amendment applies only to the government, not to private actors. Nevertheless, an employee of the private sector has the right to the presence of a representative of the Union during an employer's investigation.

They must stipulate that there is a contractual obligation for public-employee unions to represent all their members. This obligation allows them as a matter of principle to protest against termination. We can also stipulate that managers who bear broad responsibility for organizational success want to optimize their hiring and firing power, also as a matter of principle. Holding managers responsible for organizational success becomes troublesome if their managerial authority is tenuous.

It is understandable that workers and their representatives do not like the idea of giving up job security in exchange for expanded duties and benefits, so they seek as much job security as they can get. Government workers for their part have become accustomed to having nominal control over the workforce for a long time; this is also a convenient excuse for failing to exercise supervisory and administrative responsibility.