The Civil Service Reform Act creates three separate, independent agencies to enforce its provisions:
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1 FEDERAL MATERIALS Public sector labor relations in the federal government are controlled by the Civil Service Reform Act of 1978, Pub. L , 92 Stat (codified in 5 USC). This Act gives federal employees the right to organize and prohibits agency and union unfair labor practices. For legislative history information, see U.S. House of Representatives, Committee on Post Office and Civil Service, Legislative History of the Civil Service Reform Act of 1978, 2 vols. (GPO, 1979) [CIS microfiche 1979 H622-11] and Subcommittee on Postal Personnel and Modernization, Legislative History of the Federal Service Labor-Management Statute, Title VII of the Civil Service Reform Act (GPO, 1979) [CIS microfiche 1979 H622-13]. For a general discussion of the federal system, see E. Bussey, ed., Federal Civil Service Law and Procedures: a Basic Guide (2d ed., 1990) (KF5337.F38); for a general procedural guide, see 16 Federal Procedure, L.Ed., Chp. 40: Government Officers and Employees; and for a useful collection of forms, see 10A Federal Procedural Forms L.Ed. chp. 35. The Civil Service Reform Act creates three separate, independent agencies to enforce its provisions: 1. Office of Personnel Management (which administers the civil service system) 2. Merit Systems Protection Board (MSPB): The MSPB adjudicates appeals by federal employees from adverse personnel actions and other employment disputes. In cases alleging discrimination, MSPB decisions can be reviewed by the Equal Employment Opportunity Commission; final MSPB decisions are subject to review by the U.S. Court of Appeals for the Federal Circuit. STATUTE: 5 USC secs REGULATIONS: 5 CFR parts DECISIONS: The MSPB carries decisions, 1994-present o Decisions of the U.S. Merit Systems Protection Board (GPO, ): Official edition; no longer published. Each volume indexed by subject and party name. o United States Merit Systems Protection Board Reporter [KF5336.A618] (West, 1985-): Contains all MSPB decisions, 1979 on. o Federal Merit Systems Reporter (ILP, 1979-) [KF3365.F317]: Summaries and some full text of MSPB and court decisions; access provided by index and tables volumes.
2 DIGESTS: o United States Merit Systems Protection Board Digest (West) [KF5336.A65 U55] Key number digest for the Reporter. o o Federal Merit Systems Reporter (ILR) [KF3365.F317]: Cumulative digest, supplemented monthly; access provided by table of headings and subject index. Digest (GPO, 1980-) [MS1.11 V.2/7-]: Issued by MSPB; monthly summary of major decisions, will list of all decisions and orders. CITATORS: o Shepard's Federal Merit Systems Citations: Includes citations to court and MSPB decisions, statutes, and regulations; and cross-reference tables for various MSPB reporters. o Federal Merit Systems Reporter (ILR): Includes citations to MSPB decisions as printed in Reporter, court opinions, statutes, and regulations; and cross-reference tables for MSPB docket numbers. Annual cumulations, updated monthly. 3. Federal Labor Authority (FLRA): The FLRA is the public employment equivalent of the NLRB: it determines the appropriateness of bargaining units, oversees representation elections, and resolves disputes regarding the negotiability of issues, unfair labor practice complaints, and arbitration awards. The FLRA's General Counsel investigates unfair labor practice complaints and prosecutes them before the agency. Within the FLRA, the Federal Service Impasses Panel aids in resolving negotiation impasses between agencies and unions; and the Foreign Service Labor Board and Foreign Service Impasse Disputes Panel oversee labor-management relations of foreign service officers. FLRA decisions are subject to review by the U.S. Courts of Appeals. STATUTE: 5 USC secs REGULATIONS: 5 CFR parts DECISIONS: The FLRA homepage carries decisions, 1996-preent o Decisions of the Federal Labor Authority (GPO, 1981-) [Y3.F31/ 21-3: 10-4]: Official edition. Each volume indexed by subject and party name. o Federal Labor Reporter (ILR, 1979-) [KF5365.F317]:
3 Summaries and some full text of FLRA and court decisions; access provided by index and tables volumes. o Administrative Law Judge Decisions Report (GPO, 1981-) [Y3.F31/ 21-3: 9-3]: Official text of ALJ decisions not reviewed by the FLRA. DIGESTS: o Federal Labor Reporter (ILR) [KF5365.F317]: Cumulative digest, updated monthly. Access provided by table of headings and subject index. o Digests and Tables of Cases, Decisions of the FLRA [Y3.F31/ 21-3: 9-2] (GPO,1980-): Pamphlets summarizing FLRA issuances, with subject index and statute and case-name tables. o Digest of Decisions of the FLRA, [Y3. F31/ / V.1-33/ DIGEST] cumulative vols (up to 1989) o Subject Matter Index to Decisions of the FLRA (GPO, 1980-) [Y3.F31/ 21-3: 10-3]: Indexes official FLRA Decisions, with table of statutes. o Classified Index of Dispositions of ULP Charges by the General Counsel of the F.L.R.A.: Index to General Counsel's advice memoranda and appeal letters CITATORS: o Federal Labor Reporter (ILR) [KF5365.F317]: Citation tracker covers FLRA decisions as printed in Reporter, court opinions, statutes, and regulations. Annual cumulations, supplemented monthly. o Citator: Decisions of the FLRA (GPO, 1987-) [Y3.F31/ 21-3: 9/ CITATOR 1979-]: Official citator for FLRA Decisions. LOOSELEAF SERVICES BNA Government Employee Report (1963-): [KF3580.G6 G746] Weekly newsletters cover both federal and state developments. Reference File binder prints statutes, regulations, and other background material. CCH Public Employee Bargaining ( ): [KF3409.P77 C66] No longer published.
4 ONLINE SERVICES LEXIS: EMPLOY library, ADMIN file: includes MSPB and FLRA decisions (1979-), with those of other federal labor agencies. LABOR library MSPB file: decisions, FLRA file: decisions, 1979 FSIP file: Federal Service Impasses Bd. decisions, WESTLAW: FLB-FLRA database: FLRA decisions, FLB-FSIP database: FSIP decisions, FLB-MSPB database: MSPB decisions, FLB-ADMIN database: combined database including decisions of above, with those of other federal agencies NEW YORK STATE Public sector labor relations in New York State are governed by the "Taylor Law," L. 1967, c the Public Employees' Fair Employment Act, Civil Service Law, secs. 200 et seq. This Act was passed largely in response to the 1966 New York City transit strike; it replaced the ineffectual Condon-Wadlin Act (L. 1947, c. 391), which had tried to prohibit strikes by public employees. While continuing the prohibition against public strikes, the Taylor Law grants public employees the right to organize, requires governmental units to negotiate with employee organizations, and creates a Public Employment Board to resolve employment disputes. J. Lefkowitz, ed., Public Sector Labor and Employment Law [KFN5562.P8 P83] is the standard treatise on this subject. It should be remembered that, apart from labor relations, public employment in New York is regulated by the state Civil Service Law. A straight-forward introduction to the state's civil service system is found in 19 N.Y.Jur. 2d: Civil Servants and Other Public Officers and Employees. BACKGROUND MATERIALS ON THE TAYLOR LAW Governor's Committee on Public Employee [the Taylor Committee], Final Report (1966) [NYdoc GOV FINRE], reprinted in Public Sector Labor and Employment Law. The report that led to the Taylor Law. Gov.
5 Rockefeller's statement when approving the Law is in 1967 Public Papers of the Governor, pp SOME BOOKS Donovan, R., Administering the Taylor Law: Public Employee in New York (ILR Press, 1990) [KFN5562.P8 D66]: A survey from the industrial relations--as opposed to strictly legal--point of view. Employment Law in New York (LCP) [KFN5556.A42 E4], vol. 3, secs et seq. Lefkowitz, J., ed., Public Sector Labor and Employment Law: [KFN5562.P8 P83] Chp. 1 provides an excellent historical survey. Newhouse, W., Public Sector Labor Law in New York State (1978) [KFN5568.P8 N459]: An older survey. New York Employment Law (Bender) [KFN5556.N486], vol. 3, chp. 45 The Taylor Law: Twenty-five Years of Public Sector Collective Bargaining: the New York Experience [KFN5562.P8 T39] (Govt. Law Center, Albany Law School, 1992): A useful, current collection of background materials. PUBLIC EMPLOYMENT RELATIONS BOARD (PERB) As created by the Taylor Law, PERB is administratively part of the Civil Service Dept., but at the same time is an independent agency not subject to the Department's control. PERB consists of three members appointed by the Governor, with the consent of the Senate, for six-year terms. The Board's general duties are to assist public employee organizations and governmental agencies to resolve employment disputes arising from contract negotiations and representation proceedings. Preliminary decisions may be issued by subordinate directors, administrative law judges, or the Board counsel; on objection, these preliminary determinations are subject to Board review. Final decisions of the Board are subject to review in state Supreme Court under CPLR Art. 78 Statutes: Civil Service Law, secs ; reprinted in PERB Reports, current Indexes volume.. Regulations: 4 NYCRR Parts ; reprinted in appendices at end of
6 McKinney's Civil Service Law and CLS Civil Service Law, and in PERB Reports, current Indexes volume. Decisions: o Official Decisions, Opinions and Related Matters of the Public Employment Board of the State of New York [PERB Reports] [NYS Doc AAA 316-3] (1968-): Full board decisions; various other PERB employee decisions; and related court opinions. Cited by party, volume, and paragraph number assigned case: e.g. Buffalo Teachers Federation, 24 PERB (1991). Recent decisions are on the PERB internet site. Digests: o Cumulative Digest & Indexes, [NYS Doc AAA 316-3] 3 vols. (1988), covering vols. 1-20: Digest arranged by classification numbers, with index by subject and numerical table of classification. Supplemented by current Indexes volume (each Reports volume also contains digest for that volume). o West New York Digests, topic "Officers and Public Employees": digests court opinions in official N.Y. reports and N.Y. Supplement. Citator: o PERB Reports: "Citation Tracker" in Cumulative Digest & Indexes, vol.3 (plus Digest supplements): Notes PERB decisions cited by subsequent PERB decisions (but without indication of treatment); also state and federal court opinions, arranged by official and West cites, cited by PERB decisions. Note that no Shepards Citations unit covers PERB decisions!) Shepard's New York Statutes Citations: Notes court opinions, reported in N.Y. official reports and N.Y. Supp., citing Civil Service Law. ONLINE SERVICES LEXIS: NY library; NYPER file (decisions 1986-) WESTLAW: NY-PER database (decisions 1982-)
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