COALITION BARGAINING IN MUNICIPAL GOVERNMENT: THE NEW YORK CITY EXPERIENCE

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COALITION BARGAINING IN MUNICIPAL
        GOVERNMENT: THE NEW YORK CITY EXPERIENCE

                              DAVID LEWIN and MARY McCORMICK

                 This paper analyzes the emergence and development of two-tier coalition
               bargaining in the municipal government of New York City from the late
               19605 through the 1980 negotiations. The reduction of interunion rivalries.
               growth of pattern bargaining, and enactment of the city's Collective Bargain-
               ing Law in 1967 were important precedents to formal coalition bargaining,
               but it was the fiscal crisis of the mid 19705 that p:""/ideda major thrust to the
               adoption of this type of bargaining structure. Through it, management and
               union officials were able not only to' reach master and subsidiary agreements
               covering wages and conditions of employment, but to bargain. broader fiscal
               rescue agreements with representatives of the federal and state governments
               who, in the wake of the fiscal crisis, acquired greater political control over the
               nation's largest city. The empirical findings are linked to theories of bargain-
               ing structure and provide the basis for predicting the continuance of coalition
               bargaining in New York City during the 1980s but only limited adoption of
               this bargaining format elsewhere in the American public sector.

  Nboth 1978 and 1980, the nation',largest                 tions about the structure and future direc-
I municipal  government and its public                     tion of public sector bargaining. It is clear
employee unions used a formal coalition                    that generalizations about coalition bar-
bargaining structure to negotiate basic wage               gaining, or, more broadly, bargainingstruc-
agreements that covered- more than a quar--                ture in the public sector, cannot rest on the
ter-million workers. These negoti~tions                    experience of a single government or a
were preceded by others in the mid 1970s                   group of labor organizations in a single city;
that featured informal coalition bargaining                yet New York City's experience should not
on a smaller scale. The emergence and devel-               be overlooked, especially since in many
opment of coalition bargaining in New                      respects over the past two decades this city
York City, particularly during a period of                 has been a trendsetter in the development of
sustained fiscal crisis, raise several ques-               public sector labor relations in the United
                                                           States,l
  -The authors are an associate professor and an ad-
junct assistant professor, respectively, in the Graduate      ISpecific examples include the rapid growth of pub-
School of Business at Columbia University. They            lic employee unionism, use of militant union tactics,
would like to express their appreciation for helpful       negotiation of written labor agreements, and legal
comments to John C. Anderson, Peter Feuille, Dale L.       sanctioning and third-party regulation of public
Hiestand, Raymond D. Horton, James W. Kuhn,                employee bargaining. These developments spread
members of the Columbia University Labor Seminar,          widely throughout the public sector during the late
and students in the PubIicSector Lal?or Seminarat Cor-     1960s and the 1970s, but occurred earlier in the City of
nell University_                                           New York.

      Industrial and Labor Relations Review, Vol. 34, No_ 2 (January 1981). © 1981 by Cornell UniversilY.
                                        0019-7939/81/3402-0175$01.00
176                  INDUSTRIAL AND LABOR RELATIONS REVIEW                                                                          COALIT10N BARGAINING IN MUNICIPAL GOVERNMENT                                               177
  Why. in view of the aversion to coalition               1960s by a coalition of thirteen unions                    unions and employers. 6
                                                                                                                                                                              ditions, ability to pay, union leaders, man-
bargaining of most unions and manage-                     countering the company's final-offer-first                   Considerabl y mor~ research attention                  agement structures, and decision processes
ments in both the public and private sectors,             approach to collective bargaining (known                   has been devoted to erpployer than to union
                                                                                                                                                                              and·(2) the desire to preserve their decision~
has such a structural arrangement emerged                 as Boulwarism). Rulings by the National                    coalitions in the private sector, perhaps                making autonomy.9
in New York City's municipal government?                  Labor Relations Board and the courts that                  because as many as ~O percent of all labor                   Most, if not all, public sector labor or-
What historical, environmental. and in-                   supported coordinated bargaining at Gen-                  agreements in this, sector are reached
                                                                                                                                                                             ganizations also have opposed coalition
stitutional factors have contributed to this              eral Electric helped focus attention on this               through multiemployer bargaining. Most      1
                                                                                                                                                                             bargaining, especiall y on a formal basis
development? Will municipal coalition                     case. 4                                                   of the research is adclfessed' to the question
                                                                                                                                                                             Unions such
r--
                                                                                                                                            COALITiON BARGAINING IN MUNICIPAL GOVERNMENT                                                     179
      178                  INDUSTRIAL AND LABOR RELATIONS REVIEW
                                                                                                                             fostered coalition-type activity among mu-                  of all municipal employees were repre-
         Developments Prior to the Fiscal Crisis                  municipal labor relations process during                   nicipal employees,14 i                                      sented in coliective bargaining; interunion
                                                                  the 1960s and 1970s, the city's 250,000 em-                   One provision of the law mandated, for                   relationships were relatively stable and
          The City of New York is ?ot only ,the                   ployees were represented by as many ,as. 85
      largest municipal government m the Untted                                                                              example, the creatio'n of a citywide bar-                   peaceful; the turnover of union leadership
                                                                  separate unions and 405 seI;larate bar&"ammg               gaining unit to negotiate terms and condi-                  was infrequent; and, under the auspices of
      States, but for a quarter-century it ha~ alS?               units and were employed m approxImately
      been a leader in the development and u~stl­                                                                            tions of employment, 'such as time and leave                OCB, the number of bargaining units de-
                                                                  2500 different job titles, Some unions hadas               benefits and health !insurance, that were                   clined from more than 400 in 1968 to ap-
      tutionalization of collective bargaining in                 ~any as 60 separate locals; in some cases, a               required to be uniform for approximately                    proximately 100 in 1975,16This reduction of
      the public sector. A review of th~s labor.re-               single bargaining unit enc~m~assed several
      lations history suggests that mterulllon                                                                               120,000 employees in" the city's Career and                 units permitted some municipal labor or·
                                                                   local unions. This orgamzauonal format                    Salary Plan,I5 Beca~se its members con~                     ganizations-District Council 37, for ex-
      relationships, negotiating practices,. and                   resulted in an intricate ~eb of horizontal
      regulatory procedures that ~volve~ pnor to                                                                             stituted over 60 perce~t of the total, District             ample-to coordinate better their bargain-
                                                                   and vertical parity relationshi~s a~ong                   Council 37 was designated the exclusive                     ing activity on behalf of constituent locals,
       the fiscal crisis of1975 conmbutedm funda-                  unions, bargaining units, and. Job tItles.
       mental respects to the development of for-                                                                            bargaining representative for this unit,                    and it also facilitated the coordination of
                                                                   Pattern bargaining was also remf?rced by                  but the unit also encompassed employee-                     management's position in negotiations
       mal coalition bargaining. 1o                                the rulings of impasse panels, ~~Ich were
           First, by 1975, interunion relations~i'ps                                                                         members of more than 30 separate munici-                    with municipal unioI"!s. Thus, prior to the
                                                                   often appointed to resolve mumcipallabor                  pal labor organizations.                                    emergence of the fiscal crisis in 1975, the
       had matured to the point of relative stabIlIty              disputes,12 Although in earlier years ,?-O
       and were marked by a lack of jurisdictional                                                                              Another provision ':of the law mandated                  structure of municipal collective bargain-
                                                                    single bargained wage settlement .consIs-                the creation of the Municipal Labor Com-                    ing in New York City had shifted consider-
       rivalry. This maturity was related to New                    tently served as the relevant companson for
       York City's long tradition of supportfor t?e                                                                          mittee (MLC), an organization that was to                   ably away from strict unit-by-unit and
                                                                    all others in the city, .the 1974 agreement              be responsible for coordinating union par~                  union-by-union negotiations,
        union movement and to the fact thatmU~l1c­                  between the Transit Workers U!lion (TW~)
        ipal unions had been formal~y :ecogmzed                                                                              ticipation in the tripartite Office of Collec-
                                                                    and the Metropolitan Translt Author~ty                   tive Bargaining (OCB), which was charged
        for almost twenty years, A maJonty of these                 (MTA) set the wage pattern for the entIre                                                                                  The Fiscal Crisis and Bargaining
        municipal labor organiiations represented                                                                            with administering' the statute. Subse-
                                                                    municipal work force. IS                                 quently, the MLC became the vehicle for                        The fiscal crisis set the stage for further re-
        single occupational gr~ups, .such as teach-                    A third factor that contributed to the                                                                            structuring of the collective bargaining
        ers sanitationmen, pohce, £Ire and correc-                                                                           developing common :bargaining (and po-
                                                                     emergence of coalition bargaining in N ~w               litical) policies among city labor organiza-                process in New York City's municipal gov-
         tio~s officers, but by 1967, District Council               York City was the codification o,f themumc-                                                                         ernment. The new economic climate pro-
        37 of AFSCME and its several locals had                                                                              tions, both before and during the period of
                                                                     ipallabor relations process, WhICh occurred             fiscal crisis,         :                                    vided direct impetus toward a more formal
        won the right to represent more than two-                    in 1967 when the New York City Collective                                                                           union coalition and also spurred changes in
         thirds of the city's non-uniformed, non-                                                                               By the early 1970s,1 then, the municipal
                                                                     Bargaining Law took effect. The law in-                 labor relations process in New York City                    the city's management structure for collec-
         pedagogical employees. Thu~, by the late                    stitutionalized and extended many of the                                                                            tive bargaining. l ? The overriding character-
         1960s the municipal unions m New York                                                                               was well established. ~ore than 95 percent
                                                                     practices and relationships that develo~ed                                                                          istic of municipal labor relations during the
         City ~enerally were, secur~ with respect to                 in the previous decade, several of WhICh                ------                       ,                              1975 - 76 period was that the actions the
         their separate consUtuenCles• and •
                                              faced
                                                 11
                                                    few                                                                           ltThis law also created s6me institutional barriers    direct participants in the bargainingprocess
         challenges from rival orgamzauons.          .                                                                       'among city labor organizations, though mese tended
                                                                         12S Mary McCormick "A Functional Analysis to reflect a traditional division in cily government                  -city management and city unions-could
             Second, pattern bargain~ng acco~~am:d                     [I ~ t Arbitration in New York City's Municipal between mayoral and nomnayoral agencies. In par-                  take were severely constrained. Underlying
          the development of collective bargru.mng m               °Govemmen,
                                                                           n eres t 1=0:!uo- 1975"
                                                                                                 , in Industrial Relations :ticular,
                                                                                                                                .       employees of mayoral agencies-those under        all decision making in New York City mu-
          New York's municipal governr:nent a~d                    Research Association, Proceedings Of the Twenty- duect budgetary and £?al}ag~~ent contro,l ?f the                     nicipal government during this period, in-
          contributed to inter- and intra-umon stabll-             Ninth Annual Winter Meeting, September 16 - 18,1976, ma~or-cam~ ~nder the JU'1~dlCtlo~ ~f the. City s Col-            cluding collective bargaining decisions,
          ity, In many ways, pattern bargaining was a              Ati t' City (Madison Wis.: IRRA, 1977), pp,249- lecuve Bargammg Law and,lts admlUlstratIve agency,
                                                                    57 an I C ,                                               the Office of Collective Bargaining (OCB), while           was the goal of fiscal solvency,
          precursor of the formal coalition barg~ining                    ;3TWU members are employed by the MTA, a state employees of virtually all n~nmayoral agencies came
          that emerged in the_late 1970s. ~eSPlte the               agency responsible for the subway and c~mmuter ~ai1 under the aegis of the state':s Publi,c Empl~y~es' F~ir             16We have neither sufficient information nor space
          fact that six major unions dommated the                   I'       . New York City and its surrounding counties, Employment (Taylor) Act and Its admlfllstrauve                to discuss more fully this remarkable reduction in bar-
                                                                    ;~es ClI,~ provides an annual operating subsidY to the fl-gency, me Public Empl~yment Relations Board                gaining units except to underscore me point made
                                                                    M';A ~ t the Mayor has no formal role in negotia- (PERB). The latter group of employees, numbering                   immediately below in the text that municipal labor,
           IOThe history of municipal conectiv~ bargaining                   'b U _ the TWU and MTA. Municipal union ?ver 100,000, work principally in the Board of Educa-
                                                                        °                                                                                                                management, and OCB officials all judged the reo
        in New York City prior to the 19705 IS well docu-            Itionsd etwe.....                           . ..          .     th e Board 0 f H 19h er ;Ed     °
                                                                                                                                                                          th e H ousmg
                                                                                                                                                                                    °
                                                                                                                                                    O

                                                                                ' New York City have sought to mstltutiOn-    pon,                           I   ue,auon,                duction to serve their particular interests.
        mented. See, for example, Raymond ~, Horton,                a~~zeer~l: pattern-setting role o[ TWU-MTA agr~e- -!\.uthority, and the Off-Trac~ Betting Corpora,tion.                 I7For other perspectives on the effects of the fiscal
        Municipal LAbor Rewtions in New York CIty: Lessons                     because (I) wages for TWU members are tied ISCareer and Salary Plan ~mployees are deSignated              crisis on New York's municipal labor relations, see
        of the Lindsay-Wagner Years (New York: Praeger,               r;-e~s tate's rather than the city's fiscal condition; as such by a 1954 Civil Service classification. Major       Mary Md:;ormick, Management of Retrenchment:
        1973), chapters 2- 4,           ,
            UNote also that most muniClpalunion leaders had
                                                                      (~) t~e sTWU has greater bargai;ling leverage than~x~lusions from this categ?ry a~e peda~og~cal and                The City of New York in the 1970s (Ph,D, dissertation,
                                                                      most city labor organizations, glVe? tha~ there are':lfllfon:ned employees (pohce, r~r~, sanHatton and             Columbia University, 1978), and Joan P. Weitzman,
        long tenures in office. As an example, John !Jelury,             e few substitutes for subway andrad seTVlceand that~orrectiOns personnel) and prevailmg wage workers            "The Effect of Economic Restraints on Public-Sector
         who retired in 1978, headed the Umformed                     v ry bway strike in panicular can impose substantialT"certain blue-collar worker~ whose compensation is            Collective Bargaining: The Lessons of New York
         Sanitationmen'5 Association for more than 40 years and
         was a key figure in the negotiation of (info~l) la?or
                                                                      :c~~omic hardship on the city; and (S). t?e TWU (un-~et ~ccording to the prevaili~g wage provisions under          City," Employee Relations LAw Journal, Vol. 2, No.3
                                                                       like most municipal unions) has a tradition o( no con- ;ecuon 220 of .New York State Labor Law,                   (Winter 1977), pp, 286-312,
         agreements during the three-term admlfllStration
         (1953 -1965) of Mayor Robert F. Wagner,                       tract, no work,
180                  INDUSTRIAL AND LABOR RELATIONS REVIEW                                                                         COALITION BARGAINING IN MUNICIPAL GOVERNMENT                                                   181
           When the public credit markets closed to            ever, it was apparent that the city was able                 of the situation increased, it also became                   apparent to political officials that a stronger
        the city in the spring of 1975, the municipal          neither to manage the crisis by itself nor to                evident t9 most municipal union leaders                      control mechanism with' broader financial
        government had an operating deficit of $2              meet the financing requirements necessary                    that no one of them, alone could count on                    and managerial oversight responsibilities
        billion and faced the task of refinancing $6           to avoid bankruptcy.                                         managing the fiscal crisis to his own or his                 than MAC was required for the City of New
        billion of outstanding short-term debt.                   Joint pressures from the city and the state               members' advantage; Thus, responding to                      York to avoid insolvency. In early Sep-
        From the perspective of the unions, bank-              spurred New York's municipal labor or-                       these new economic pressures, the major                      tember, the state legislature passed the
        ruptcy would have reduced employee bene-               ganizations to engage in coalition bargain-                  municipal unions (with the exception of the                  Financial Emergency Act and created the
        fits, jeopardized pension contributions of             ing. On July I, 1975, a previously negoti-                   teachers and police); acting in coalition,                   Emergency Financial Control Board
        member-employees and pension benefits of               ated 6 percent wage increase was scheduled                  negotiated a Wage Deferral Agreement with                    (EFCB) ..The board was given the authority
        retirees, further decreased the work force,            to go into effect for almost 200,000 of New                 city, state, and MAC 'officials. 19
                                                                                                                                                                                         to ~xer?se br.oad powers over municipal
        and significantly diminished the role of               York's municipal employees. At thatjunc-                       This agreement accomplished several                       affaIrs, Including labor relations. Although
        municipal union leaders in the labor rela-             ture, however, the city was on the verge of                 objectives for the labor organizations that                  the hope was that through the EFCB's man-
I       tions and political processes. For the city's
        management, bankruptcy implied a dra-
                                                               default and lacked the funds to pay the
                                                               approximately $300 million of prospective
                                                                                                                           made up the coalition: (1) the wage freeze
                                                                                                                           became a wage deferral to be in effect for
                                                                                                                                                                                        agement of municipal budgetary affairs the
                                                                                                                                                                                        city would be able to return to the public
Ii,.    matic and perhaps permanent curtailment
        of the power of elected officials. Thus, the
                                                               salary increases. In June, the State had cre-
                                                               ated the Municipal Assistance Corpora-
                                                                                                                           one year only and was tapered to protect
                                                                                                                           the earnings of low-paid employeesi20 (2) a
                                                                                                                                                                                        credit markets within a few months, its need
                                                                                                                                                                                        to finance .$5.7 billion of debt between No-
        threat of bankruptcy and the financing re-             tion (MAC), a public benefit corpqration                    cost-of-living adjustment (COLA) that had
II
11
        quirements necessary to avoid it made even             with limited oversight responsibilities that                been agreed to in 1974 and that was sched-
                                                                                                                                                                                        vember 1975 and June 1976 overwhelmed
                                                                                                                                                                                        the attempts of the state to restore investor
\1      more salient the interdependent relation-              was empowered to help the City of New                       uled to go into effect in fiscal year 1976 was               confidence in the city.21
I'..    ship between the city and its organized                York restructure its debt, thereby, it was                  preseIVed; (3) individual unions within the                     During this period the city'S five major
        workers. Furthermore, the willingness of               hoped, restoring the city's fiscal credibility.          , coalition could negotiate s~parate agree-                    employees' pension systems, with assets of
        municipal union leaders and the city's of-             However, the task of financial resuscitation                ments provided that ;these met the condi-
 II
 .1     ficials to bargain on a coalition basis was            was more difficult than anticipated. To en-              : tions of the Wage Deferral Agreement; and
                                                                                                                                                                                        more than .$7 billion, emerged as major
                                                                                                                                                                                       sources of loans to the city. Controlled by
                                                                                                                        : (4) a claim was established by employees to
 il     strengthened by the shifting of responsi-
        bility for managing the fiscal crisis from the
                                                               hance the city's standing with investors,
                                                               MAC sought proof that the budgetary re-                    receive the deferred wages at a future date.
                                                                                                                                                                                       union officials, the pension funds had pur-
                                                                                                                                                                                       chased city and MAC securities in the spring
 II.,   local to the state and federal governments as
        well as some private actors and ins~itutions
                                                               ductions necessitated by the fiscal emer-
                                                               gency were being made. Specifically, MAC
                                                                                                                          The provision for separate agreements as-
                                                                                                                          sured each member union of the coalition a
                                                                                                                                                                                       and summer of 1975 onanad hoc, uncoordi-
 Ii                                                                                                                                                                                    na~ed basis. By November, however, the
        (such as several of the city's largest banks).         called for a wage freeze on the slated 6 per-              measure. of autonomy while, more gen-                        umons became the city's major financiers
 II     These were the principal factors underlying
        centralization of the municipal bargaining
                                                               cent increase.
                                                                  At this point, organized municipal em·
                                                                                                                        . erally, the coalition structure assured each
                                                                                                                          member union that no other labor organiza-
                                                                                                                                                                                       on a systematic, integrated, long-term basis.
  I
                                                                                                                                                                                       Specifically, they agreed to invest $2.5 bil-
        structure during the mid-1970s.                        ployees faced a hostile political climate as             : tion would do better..:-or worse-concern-                    lion of pension funds in city paper and to
  II       Brought about by financing needs re-                well as an unfavorable economic environ·                 : ing the wage deferral proyisions.                           "roll over" their earlier $1.2 billion invest-
  I,    quired to avoid insolvep.cy, three specific            ment. The public generally perceived the                                                                               ment as part of a complex $6. 6 billion, three-
  I     developments served as key precedents for              municipal unions as major contributors to                       Municipal Unions As Financiers                         year financing plan that also involved the
        the formal coalition wage bargaining that              the city's fiscal problems. Furthermore, as                                                                            city's major banks, the state government,
                                                               the crisis deepened, it appeared likely that                Soon after the Wage Deferral Agreement
        was to occur in 1978 and 1980. These were                                                                                                                                    and the federal government. As part of this
        the wage-deferral agreement of 1975, the               the mayor would be sustained by the courts               :the fiscal crisis forced the municipal unions
                                                                                                                        :to assume the even more critical role of                    financing arrangement, the federal govern-
        emergence of the municipal unions as the               if he invoked his emergency power to invoke                                                                            ment guaranteed $2.3 billion in seasonal
                                                                                                                        !financier. By late summer of 1975, it was
        major financiers of the city, and the 1976             a unilateral wage freeze. Such a ruling                                                                                loans to New York City.
        contract negotiations.                                 would have established a precedent for uni-                                                                                The development of a coordinated policy
                                                               lateral managerial actions in the area of              : 19Tbe teachers were on a different bargaining cycle
            The 1975 Wage Deferral Agreement                                                                          Ithan otber municipal labor groups in 1975 and their
                                                                                                                                                                                      to manage their pension fund investments
                                                               labor relations that could well have isolated          ;contract witb the Board of Education was scbeduled            in city and MAC securities contributed to
          In the spring of 1975, the City of New               the municipal labor union leaders from the             ,~o expir~ on ~eptember 9th:of tbat year. In addition,         the further development of a strong union
        York's fiscal crisis was initially perceived           decision-making process. As the complexity             lntra·umon nvalries, wbich featured major cballenges          coalition and formal coalition bargaining.
        as a local problem that, it was believed,                                                                      to tbe leadership of tbe Patrolmen's Benevolent
                                                                                                                      IAssociation (PBA) in panicular, prevented tbis               The fact of this major financing role not
        could be managed at the local level. The               about 38,000 full·time personnel during calendar prganization from becoming a party to the 1975 Wage                 only expanded the municipal unions' par-
        mayor laid off municipal employees and                 year 1975, thougb it is not possible to distinguish Deferral Agreement.                  '                            ticipation in the decision-making processes
        reduced nonpayroll expenditures, while                 preci~ely among layoffs, ret~rements, and qui~ .. The ; zOSpecifically, tbe entire 6 percent increase was de-        .of the city government, but also placed
        leaders of the municipal labor unions in-              benefus refkerredktdo ~ere mcluded thth' tlr;:ditlOnal ferred for municipal employees earning $15,000 or
                                                               shorter wor wee unng summer mon s summer more annually' 4 nP"cent                           d f ed d 2
        dicated their "willingness" to forgo certain           h"                   ed'         If      ..          )!                  ,,..._.      was e err an
                                                                 ours ), gl.larante. . overtIme or samtauonmen, was granted to employees 'earnin between $10,000
                                                                                                                                                                         percent       ZIIn November 1975, the state declared a moratorium
        negotiated benefits. 18 By June 1975, how-             and payment (to fIrefIghters) for one day per year for ~nd "15000 annuaII'            d" 2     g         d f     d   on the repayment of all outstanding New York City
                                                                     .
                                                               d onatmg   bI00.d These b ene I'us were not actua II y and
                                                                                                                      I                         y, an t' percent
                                                                                                                           4.." percent was granted           I    was . e erre
                                                                                                                                                                            1       notes, an action tbat eliminated any short-term restor-
          18According to tbe city's Office of Management and   forgone in 1975, but tbey were eliminated in subse- tban $10,000 annuall .               0 emp oyees earnmg ess      ation of investor confidence in tbe municipal gov-
        Budget, New York's municipal work force declined by    quent rounds.                                                                  y                                     ernment.
)82                INDUSTRIAL AND LABOR RELATIONS REVIEW
                                                                                                                                       COALIl'ION BARGAINING IN MUNICIPAL GOVERNMENT
                                                                                                                                                                                                                                  )83
          them in a more collaborative relationship           Given the large number of muni?pal                                In summary, the 19.75- 76 period of fiscal
          with city oHicials. This collaborative rela-    unions and bargaining units, a coahtIon crisis featured two major instances of coali-                                           Koch, assumed office on January 1, 1978.
          tionship and the strengthened sense of ,:n-     bargaining structure pr
•

184                INDUSTRIAL AND LABOR RELATIONS REVIEW                                                                   COALITION BARGAINING IN MUNICIPAL GOVERNMENT                                        185

 city to a second round of bargaining in            tion bargaining, and other issues, including' employee in 1979 and 1980 in lieu of pro-                           It also may have continued, however, be-
 which it could only lose ground. A few un-         most "noneconomic" ones, treated in sepa- ductivity COLAs. The provision of a gen-                                cause the parties anticipated serious finan-
 ion leade.rs also favored comprehensive (or        rate unit negotiations. There is no evidence! eral wage increase, the first in three years,                       cial problems resulting from a projected
 one-tier) coalition bargaining. believing          that, in any of these negotiations, some ': contrasted sharply with the terms of the 1975                         budgetary deficit of approximately $1.2
 that they could gain little from separate          municipal unions did ~pprecia?ly "better" ' and 1976 coalition bargainingagreements. 24                           billion in fiscal 1982.
 negotiations.                                      or "worse" than others In reachmg separate ,: Furthermore, the city abandoned its demand                             Many of the issues concerning coalition
     In contrast, management supporters d£          unit agreements, a fact that unde~s~ores the i for contractual "givebacks," and $48 mil-                          bargaining that were raised in 1978 surfaced
 two-tier bargaining argued that such bar-'         notion that such two-tier bargammg p~r- i lion in fringe and pension reductions,                                  again in the 1980 negotiations but were dis-
 gaining would help achieve the overriding          mits, ~nd is in part m~tiva.ted by the deslte j whiCh had b~en required by the Treasury                           posed of with greater dispatch than before.
 goal of securing new federal aid, even if this     of, umon leaders to mamtam some measure! Department and agreed to in the 1976 bar-                                For example, the mayor repeated his re-
 arrangement helped one or another union            of autonomy and in~el?endence. .           .       ,I gaining round, were cancelled.                              luctance to bargain within a coalition struc-
 to "do better" than it would have otherwise.           Parties to the Coalztton. The CIty did n~t         1, By fall 1978, the only major unions that                ture, but quickly acceded to this format.
 If the bargaining experiences of 1975 and          require the unions to declare formally ~elt j had not signed the CEA-but which never-                             Some city officials preferred that economic
  1976 held, the signing of a coalition agree-      membership in the coalition. Each u~lO~ ,I theless incorporated its terms and provi-                              and noneconomic issues be considered to-
 ment would satisfy federal authorities. The        retained the right to autonomy even If It:i sions into their separate unit agreements-                            gether in single-tier bargaining, but the
  union leaders who favored a two-tier bar-         chose not to exercise that right. In fact, only 'j were the Patrolmen's Benevolent Associa-                       negotiations were conducted within a two-
  gaining structure believed that the coalition      those unions that did no~ :vish to associ.a~e;1 tion and the' Uniformed Firefighters Asso-                       tier framework.
 arrangement would help reduce interunion            themselves with the coahtlOn were explIcIt! ciation. In 1978, therefore, coalition bar-                             The major difference between the 1978
  rivalries, while unit bargaining would af-         regarding their .mem?ership status. N?ne-i gaining in New York's municipal govern~                               and 1980 negotiations was the emergence in
  ford each of their organizations some meas-        theless, all major Clty .employee umo?s i ment directly and indirectly involved virtu-                           1980 of a second union coalition made up
  ure of independence and autonomy, if not           except those represent;ng. rank-and-~l1e! ally all municipal labor organizations and                             principally of the labor organizations that
  necessarily a "second bite of the apple."          uniformed personnel (fIre£Ighters, pohce, j covered most key economic items, while                               did not formally join the coalition in 1978-
     That the unions were more united than           and corrections offic~r~) event':l~lly par-I leaving some economic and noneconomic                               unions of rank-and-fiie police, firefighters,
  management in their position on this issue         ticipated in the bargammg co.a~ItlOn. The 'I issues to be resolved in individual unit                            and corrections officers. These unions
  was reflected' in the 12 demands the union         official leadership of the ~oa~ltlon rot~ted ,I bargaining.                                                      formed the nucleus of this 43,000 member
  coalition submitted, all of which dealt with       among five labor orgamzauons: Umted.:                                                                            Uniformed Coalition. The coalition of 1978
  wage increases or cost-of-living allowances        Federation of Te~ch.ers, . U~iformed:!                        Coalition Bargaining in 1980 25                    (known as the Municipal Coalition in 1980)
  common to coalition members. By contrast,          Sanitationmen's AssoClauon Dlstnct Coun- !                                                                       continued largely in place, representing
  the city's opening bargaining position re·         cit' 37, Local 237 of International l' . Given that New .York City was not seek-                                 about 200,000 city employees in coalition
  flected the lack of managerial consensus; it       Brotherhood of Teamsters, and United Fire, mg federal loans m 1980 and t.hat a bal-                              bargaining, including all but one group of
  included 62 demands or items, ranging from         Officers Association. The presence of the'l anced budget was forecast for £Iscal 1981,                           uniformed superior officers. The only de-
  broad wage provisions that affected all em-        60,000 member teachers' union in the 1978 Ithere se~~ed to be. fe:-ver. exter~al pressures                       fections from the Municipal Coalition to the
  ployees to very detailed provisions that in-       coalition was particularly notable, for itfor-:I f?r co~IHlOn bargammg 111 ~980 th~~ at any                      Uniformed Coalition were the Uniformed
  volved one or another small bargaining              mally broadened the basis for the coalition IHme smce the onset of th: fI~cal cnSlS. Nev-                       Fire Officers' Association (UF A) and the
                                                      beyond that which had existed previously. Jertheles.s, the 1~8~ negotIatIonS wer~ con-                          Uniformed Sanitationmen's Association
  unit.                                                                                                 .j ducted m a coa11tlOn framework. ThIS may
      As each self-imposed negotiating dead-                                                                                                                          (USA).
                                                                                                           have occurred because, by that time, coali-
, line approached, the unions and manage·                                                                                                                                Negotiations with both coalitions pro-
                                                                    The Negotiations                    '[ tion bargaining had taken firm hold in New                 ceeded smoothly, especially by historical
   ment agreed that there was not sufficient
   time to' bargain to agreement on both eco-            The union coalition and the city did not - York City .and ~as therefor~ l~ss sensitive to                    standards. The Municipal Coalition
   nomic and noneconomic items. As the vari-         reach agreement simultaneously with the:1 external fmanClal and pohtical pressures.                              reached overall agreement with the city
   0us deadlines passed and agreement was not        contract settlement on March 31st between:i--:-----                                                              in early June 1980, three weeks prior to the
   achieved, the scope-of-bargaining issue            the TWU and the MTA. Over the next two "I 24The 19?6agreements: which we~ein effeclfor t;;o                     expiration of the master and individual
                                                                                         lor a settle 'I years, prOVided (or no direct wage mcreases. The m·
   surfaced again and again, but with less and       mon ths, h 0:vever, th e p~essure s              - ;,creases scheduled for 1975 (based on 1974 labor agree-      unit agreements. The Uniformed Coalition
   less force as the ultimate deadline of June        ment were mtense, partlc~larly those from ijments) were deferred i!1 the ?Ianner described in foot-             and the city reached agreement simultane-
   30th drew nearer. No one can say with cer-         the federal government. Fmally, on June 5,! note 20 above. As an mcenuve for union members to                   ously with the expiration of the uniformed
   tainty that, had there been a management           1978, the city and the municipal unions 1ratify the CEA, the agreement provided ~~~ im~;diate                   forces contracts. Members of the Municipal
   consensus one way or another on this issue,        r ched a Coalition Economic Agreement i payment of the 1978 COLA ($567) an,d u~~ly pay-                         Coalition received annual 8 percent wage
                                                       ea                      .     _           ntract' ment of the 1979 cash bonus ($750). Mumclpal em-
   the scope of bargaining or ~he' outcomes of        (CEA) .. The cost of t~IS. two. year ~o            ; ployees could not be eligible for wage increases,          increases and adjustments in other benefits
   the 1978 negotiations would have been dif-         was estImated at $1.2 bilhon; It proVIded for, however, until individual bargaining unit agreements             for a total two-year settlement of about 17
   ferent. What is certain is that in 1978, as in     a total wage increase of 8 percent, payment' were concluded.                                                    percent. The uniformed employees received
    1975 and 1976, the negotiations took place        of the unpaid portion ($567 per employee) -.: 1 ult i~ too early now(ea~lr 1981) to provid: a. detailed         wage increases of9 percent the first year and
   on a two-tier basis, with wages and some ad'-        f th 1978 roductivity-based COLA, and '. analysts. of the 1980 ~u.mapallabor ne~ot.latlOnS, b~t               8 percent the second year; the total settle-
                                                      o     e       p                      f $750        :Jthe leading charactenstlcs of these negotiatIOns aredls,
   ditional economic items subjected to coali-        an annual cash bonus payment 0                per '!cussed in this section.                                     ment, including fringe benefit adjustments,
COALITION BARGAINING IN MUNICIPAL GOVERNMENT                                                      187
186               INDUSTRIAL AND LABOR RELATIONS REVIEW
                                                                                                                                                                                   Even with severe external economic and
                                                                                              over the terms and cdnditions of the fiscal
was approximately 19 percent. The terms of    tions and represented all 243,000 municipal rescue of the City of New York.                 .                                     political pressures, however. i,ndividual
these new coalition agreements reflected the  employees covered by collective bargain.           Is coalition bargaining likely t~ ~ersIst,                                     unit and union bargaining is unlIkely to be
pattern established by the TWU-MTA            ing. The coalition bargaining agenda in., expand, or decline in New York. CIty s .mu-                                             entirely eliminated from New York's mu-
agreement, concluded in the spring of 1980,   eluded wages, cost-of-living allowances, nicipal government? In analyzmg pnvate                                                   nicipal government. With respect to bar-
which provided for annual wage increases      and some fringe and pension benefits.           sector labor relations, Weber comments ~at                                        gaining structure in the private sector.
of 9 percent and adj ustments to fringe bene-    Precedents for formal coalition bargain- "bargaining structure: will be strongly I?-                                           Weber observes that
fits over the two-year period, 1980- 82. Un-  ing were established by the reduction of; fluenced by the market context wIthm                                                    the formation of a common front ine~i~b~y in-
like the 1978 negotiations, however, when     interunion rivalries, the development of which negotiations take place."26. The no-                                               volves a partial relinquis~ing of mdlvldual
individual bargaining unit (second-tier)      widespread pattern bargaining. and the en.': lion of markets is not'!easily applIed to the                                        group goals, Each gr
II
i   !

          188                    INDUSTRIAL AND LABOR RELATIONS REVIEW                                                                           COALITION BARGAINING IN MUNICIPAL GOVERNMENT                                                   189
          two-tier coalition bargaining structure                     closely resemble the labor relations process                  to rely on the federal government to bail                ment and collective bargaining in the
          th~t p:rmits common as well as separate                     elsewhere in government.30                                                                                             United States are characterized by decentral-
                                                                                                                                    them out.
          umon mterests to be addressed.                                 Proceeding from this conceptualization,                       Nonetheless, market forces are dynamic,               ization and autonomy; public sector labor
                                                                      two-tier coalition bargaining of the type                     not static, and the rapid growth of state and            organizations are particularly heterogen-
                Generalizing from New York City                       that exists in New York's municipal govern-                   local governments in the United States,                  eous. Like the employers with whom they
                                                                      ment might be replicated in some other gov-                   which marked the third quarter of the twen-              negotiate. public sector union leaders share
             What are the prospects for coalition bar-                                                                                                                                       bargaining information with each other,
                                                                      ernments. Even if this occurs, however,                       tieth century and stimulated the rapid ex-
          gaining elsewhere in municipal govern-                                                                                                                                             but. also like public employers, they are
                                                                      single-tier coalition bargaining, coalitions                  pansion o[ public sector unionism and
           ment or in the public sector more broadly?                                                                               bargaining, has ended. Substantial evidence              chary of structural realignments that
                                                                      limited to unions in single services or agen- "'
          The prospects appear limited. Coalition                                                                                   exists of a fundamental reappraisal by citi-             threaten their autonomy and livelihood..!Is
                                                                     cies, conventional union-by-union bargain- '
          ~argain~ng has emerged in parts of the pub-                                                                                                                                        Thus, to temper union rivalries is not to
                                                                      ing, or various combinations thereof will                     zens and elected officials of the size, scope,
          lIc hospItal sector, especially in large urban                                                                            and performance of public institutions.                  eliminate them, especially in much of the
                                                                     likely exist in the public sector. The analyt-
          hospitals; in negotiations with publicly                                                                                  This appraisal impl~es that the trend to-                public sector where (unlike New York City)
                                                                     ical task thus becomes one of identifying'
          employed craft workers at local, state, and                                                                               ward'slower growth, stabilization, and even              substantial proportions of employees are
                                                                     the "historical, legal, functional and po-
          federal levels; in some public school dis-                                                                                                                                         unorganized, and to coordinate bargaining
                                                                     litical features of government" that give                      decline of the revenues made available to
          tricts, such as the City of Chicago; and in                                                                               governments, which first began to be no-                 is not to engage in coalition bargaining.
                                                                     rise to a particular form of bargaining struc- ,
          some governments that have only recently                   ture. S1                                                       ticed in the mid-1970s, will continue and                Furthermore, the fact that a public employer
          begun to engage in collective bargaining,                                                                                 perhaps quicken in the 1980s. A more strin-              rarely merges with another government
                                                                        Taking particular account of the eco-
          such as the City of Los Angeles. However,                                                                                 gent economic climate for government                     means that, unlike their private sector coun-
                                                                    .nomic-political forces that have affected
          some of these arrangements represent carry-                                                                               provides less political support for or even              terparts' leaders of public sector labor or-
                                                                     the development of coalition bargaining in
          overs of bargaining structures from the                                                                                   outright opposition: to public employee                  ganizations do not face the prospect of bar-
                                                                     New York City, it appears that this form of
          private sector; others are limited to unions                                                                              unionism and bargaining as well as the                   gaining with a conglomerate and, conse-
                                                                     bargaining structure is not likely to spread
          that enroll only members of similar skills                                                                                reappraisal of management strategies for                 quently, are not pressed to form unioncoali-
                                                                     throughout the public sector, though itmay
         or whose members are employed in but one                                                                                   dealing with labor relations. 52 These devel-            tions [or the purpose of countering that
                                                                    emerge in some governments. It appears
         service or one unit of a government; and still                                                                             opments suggest that, ,in some instances, the            form of employer organization. Indeed. by
                                                                    from the New York experience that coali-
         others represent a one-time rather than a                                                                                  economic and political climates of the pub-              bargaining as a single labor organization
                                                                     tion bargaining is most likely to develop
         sustained bargaining tactic. 29                                                                                            lic sector may be such as to favor the develop-          with one employer, individual public em-
                                                                    under conditions of intense budgetary and
            These developments point up the need                                                                                    ment of coalition :bargaining through                    ployee unions have been found to bring
                                                                    fiscal pressure, which not only heighten
         for a more theoretical perspective on bar-                                                                                 which some union leaders and local public                about a reallocation of budgetary resources
                                                                    the common interests of union organiza-
         gaining structure in the public sector.                                                                                   .officials will seek greater protection of their          toward the services in which their members
                                                                    tions but of labor-and management vis-a.-vis
         Labor relations in the public sector, as in                                                                                interests and powers than is afforded them               are employed and away from other less well
                                                                    other fiscal and political authorities. Few
         the private, may be conceptualized as diverse                                                                              by conventional negotiating structures.                  organized services. H
         rather than uniform.       .                               governments in the United States at present
                                                                    face the degree of fiscal stringency found                         But for reasons identified in the analysis               In conclusion, the New York City experi-
           This diversity, which is roOted in historical,           in New York City; few have had to cede gov-                     of coalition bargaining in New York City                 ence suggests more generally that the dim-
        legal, functional and political featuresofgovern-           erning powers and managerial control to                         and suggested by bargaining structure and                inution of interunion rivalries. the spread of
        ment, contains several implications for public              other public authorities; and few have had                      labor relations theory, this prognosis must              pattern bargaining, and the reduction-
        sector labor relations, but, in particular, it                                                                                                                                       consolidation of bargaining units are neces-
        suggests that there is no a priori reason to assume
                                                                                                                                    not be carried too far.·Both the labor move-
        that the labor relations process in a (particular)                                                                                                                                   sary but not sufficient conditions for the
        state, county or municipality necessarily will                                                                               321n San Francisco, for :example, where organized       development of coalition bargaining in the
                                                                        'OOavid Lewin, Raymond D. Horton, andJamesW.               labor in the public and private sectors is particularly
                                                                     Kuhn, Collective Bargaining and Manpower Utiliza-             strong, voters passed several referrenda in the late        "On information sharing for bargaining purposes
           29Perhaps the dearest example other than New              tion in Big City Governments (Montclair, N.J.: Allan-         1970s revising generous city pay formulas and cutting     among public employers, see Feuille, et aI., "Multi-
         York City of sustained coalition bargaining in the          held Osmun, 1979), p. 9.            .                         the salaries of city workers by as much as $4,500 an-     employer Negotiations Among Local Governments,"
         public seclor-bargaining that has not been trans-              'lThis task was partially undertaken by Weber              nually. See Harry C. Kat~, "Municipal Pay Deter-          pp. 131- 38. On employer coalitions in the hospital
         ported from the private sector and that involves several   "Stability and Change in the Structure of Collectiv;           mination: The Case of San Francisco," Industrial          sector, see Peter Feuille, Charles Maxey, HelVey Juris,
         unions whose members represent various skill levels        Bargaining," pp. 15-22, who identified market                  Relalions, Vol. 18, No. I (Wimer 1979), pp. 44-58,        and Margaret Levi, "Detemlinants of Multi-Employer
        occupations, and selVice categories-is in the locai         forces, the nature of bar?,!ining issues, representation   I   especially pp. 55-57. Another example is the recent       Bargaining in Metropolitan Hospitals," Employee
        government sector of British Columbia. See Shirley B.       factors, government poliaes, and power tactics in the      I   adoption of laws by some state and local govern-          Relations Law Journal, Vol. 4, No. I (Summer 1978),
        Goldenberg, "Public·Sector Labor Relations in               bargainin;S" proce~s as determinants of bargaining             ments that permit selected groups of public employees     pp~ 98-115.
        Canada," in Benjamin Aaron,' Joseph R. Grodin,              structure 10 the pnvate sector, but who did not specify        to strike following the exhaustion of one or another        3iSee, for example, Stanley Benecki, "Municipal
        and James L. Stem, eds., Public-Sector Bargaining           (or test) how the interaction of these variables leads         impass procedure. See David Lewin, "Public Sector         Expenditure Levels and Collective Bargaining,"
        (Washington, D.C.: Bureau of National Affairs, 1979),       to a particular structural form. See, more recently,           Collective Bargaining and the Right to Strike," in        Industrial Relations, Vol. 17, No.2 (May 1978), pp.
        pp. 254- 91, especially pp. 272- 74, and David Lewin        D. R. Deaton andP. B. Beaumont, "The Determinants              A. Lawrence Chickering, ed, Public Employee Un-           216- 30, and Harry C. Katz, "The Municipal Budget-
        and Shirley B. Goldenberg, "Public Sector Unionism          of .Bargaining Structure: Some Large Scale SUlVey              ions: A Study Of the Crisis in Public Sector Labor        ary Response to Changing Labor Costs: The Case of
        in the United States and Canada," Industrial Relations,     EVidence for Britain," British Jou.rnal of Industrial          Relations (San Francisco: Institute for Contemporary      San Francisco," Industrial and Labor Relations Re-
        Vol. 19, No.3 (Fall 1980), pp. 239-56.                      Relations, Vol. 18, No.2 (July 1980). pp. 199 - 2-16.          Studies, 1976), pp. 145-63.                               view, Vol. 32, No.4 (July 1979). pp. 506-19.
190                   INDUSTRIAL AND LABOR RELATIONS REVIEW

      public sector. It is when fiscal crisis threat~          pressures on a particular government ease
      ens the politic;:al viability of a government            and local political control and autonomy
      entity that public sector labor organizations            are less threatened, the perceived rate of
      will be motivated to pursue coalition bar-               substitution may become negative and ten-
    . gaining and that a public employer will be               sions may develop "for the fragmentation of
      wi1ling to negotiate with a union coali-                 the alliance" -especially if the public em-
      tion. 35 In such circumstances, an alliance              ployer judges his interests to be harmed
      is struck among the ,unions and between the              rather than served by continu~nce of the
      u'nions and a government employer. not                   union coalition.37 The validity of these ob-
      only as a way of containing internal rival-              servations as generalizations about the pub-
      ries but as a mechanism by which these                   lic sector awa~ts cross-sectional research into
      normally risk-averse parties may negotiate               the' determinants of public sector bargain-
      with other political authorities in the hope             ing structures. At present, however, these
      of achieving a positive "rate of substitution            observations s~ggest that while coalition
      between the gains derived from the incre-                bargaining in: the City of New York during
      ment to bargaining power and the losses                  the 1970s is an important development
      associated with the denial of autonomy in                worthy of close scrutiny, this structural ar-
      decision-making."36 If and when economic                 rangement is unlikely to be widely repli-
                                                               cated in municipal government or in the
        HThat ecohomi.c adversity in the private sector        public sector more broadly during the 1980s.
     stimulates coalition bargaining is suggested by Alan
     M. Gustman and Martin Segal, "The Skilled-Un-
     skilled Wage Differential in Construction," Industrial
     and Labor Relations Review, Vol. 27, No.2 (january        "Interest Arbitration, Outcomes and the Incentive to
     1974}, pp. 261- 75.                                       Bargain," Industrial and Labor Relations Review,
        '6Weber, "Stability and Change in the Strl.Jcture of   Vol. 33, NQ. 1 (October 1979), pp. 55- 63.
     Collective Bargaining," p. 18. The notion of risk           31The quoted phrase is from Weber, "Stability and
     aversion among public employers and public union·         Change in the Structure of Collective Bargaining," .
     ists is deveidped in HenryS. Farber and Harry C. Katz,    p.18.

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