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Public Sector Employment Issues: 38:578:525:01 Rutgers School of Management and Labor Relations Fall PDF

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Public Sector Employment Issues: 38:578:525:01 Rutgers School of Management and Labor Relations Fall 2016 Instructor: Professor Carla A. Katz, Esq. Classroom: Labor Education
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Public Sector Employment Issues: 38:578:525:01 Rutgers School of Management and Labor Relations Fall 2016 Instructor: Professor Carla A. Katz, Esq. Classroom: Labor Education Center Room 130 Course Overview: The current crisis of the public sector workplace centered in part on such issues as pension defunding, contract impasses, school reform, civil service, debates over unionization, privatization, and taxation is at the heart of our national political discussion. This class will provide an introduction to some of these important issues, place the contemporary debates in a historical, cultural and sociological perspective, and look at emerging patterns and future developments in the field. While the clash over government services and the work structures that provide them seems new, the origins of this debate have deep roots in U.S. political theory and history. We will explore these matters in depth and examine how contemporary scholars in management and industrial relations have contextualized this dynamic. Note: This course fills a requirement in the Public Sector Graduate Certificate Program. It is an elective in the MLER program. SMLR Learning Objectives: V. Understanding Context - Evaluate the context of workplace issues, public policies, and management decisions Public employment provides a very different context for employment relations issues than private employment. It also has been changing rapidly in recent years given budgetary and political pressures on civil service systems. Assessment of Learning Objectives: Assessment of these learning objectives will be based on student responses to specific questions on the final exam and/or on assignments. Course Requirements:* Class attendance: As a graduate-level course that meets in seminar once a week, your attendance is critical. You are expected to attend each class session, and to be on time. Please be punctual and plan to stay for the entire class. If you are unable to make it to class, or need to leave early, please let me know ahead of time. Participation: This class will utilize a variety of formats. Each week, I will provide an overview of the topic to begin the class and I will then invite open dialogue. The class will engage in discussion of the assigned readings for the week. You are expected to 1 have completed the readings assigned before coming to class each week and be ready to take an active role in these discussions. Additionally, each student will take responsibility to be a resident expert for one of the weeks this semester. In that capacity, you will prepare a presentation and activities related to the topic you have chosen. Class participation includes active, respectful listening and well as talking. Please keep notes of your readings and class discussions. I ask that you do not use any recording devices in this class. Missed Exams: All students are expected to take the scheduled in-class exams (midterm and final) at the designated times. All writing assignments will be collected at the beginning of class the day they are due. This also applies to the first draft and peer review sessions. Out of respect to those who meet this expectation, late papers will be subject to downgrading. Unless otherwise specified, it is expected that hardcopies of the paper be handed in, rather than by attachment. Disability Statement: This course is open to all students who meet the academic requirement for participation. Any student who has a need for accommodation based on the impact of disability should refer to the Rutgers Office of Disability Services and then contact the instructor privately to discuss the specific situation as soon as possible. Statement on Academic Freedom: Freedom to teach and freedom to learn are inseparable facets of academic freedom. This class will introduce an array of sometimes conflicting ideas and interpretations of U.S. history, and all who partake in the course should feel encouraged to express their views in an open, civic forum. Sakai: This course uses the web-based classroom management system. Please utilize Sakai to access each week s readings. Other readings as specified can be downloaded via the Rutgers Library Journal website, or public access on line. Grading: Participation: 25% Midterm Exam: 20% Final Exam: 25% Final paper: 30% *Course requirements are subject to change. Separate handouts will explain the expectations for the final paper. Please note that this syllabus and the course requirements are subject to change during the course of the semester. Additional in-class readings will be handed out from time to time as related to developments in the issues we are exploring from week to week during the semester. 2 Sept 8: Introduction and Overview of the course. In Class Reading: Alexis de Tocqueville, Democracy in America, (1835) Public Officers Under the Control of the Democracy in America, Discussion Theme: Differences between public and private sector employment; Cultural perceptions of government sector employment. Sept 15: Government Jobs, the Spoils System and the Rise of Civil Service Guest Speaker: Dr. Francis Ryan Readings: U.S. Office of Personnel Management, Biography of an Ideal: A History of the Federal Civil Service, 2003 pp Excerpt from J.T. Salter, Boss Rule (1935) F. Ryan, AFSCME s Philadelphia Story: Municipal Workers and Urban Power in the Twentieth Century (Temple University Press, 2011) Ward Politics and Municipal Labor in Philadelphia in the 1920s. Sept 22: Government Sector Employment: Conflicting Viewpoints Readings: Gregory B. Lewis and Sue A. Frank, Who Wants to Work for the Government? Public Administration Review July/August :4 F.A. Hayek, The Road to Serfdom (1944) Individualism and Collectivism. Milton Friedman, Why Government is the Problem. (Hoover Institute, 1993) Daniel T. Rodgers, Atlantic Crossings: Social Politics in A Progressive Age (1998) The Self-Owned City, Progressivism: Film Clip: Triangle Fire New York: A Documentary History, Ric Burns (2001) Sept. 29: Public Sector Employee Issues and the Law Readings: M. Ali Raza and A. Janell Anderson, Labor Relations and the Law, Labor Law and Politics in the Public Sector, pp Martin H. Malin, The Paradox of Public Sector Labor Law, Indiana Law Journal (2009) available on line 3 Marti Houser, Lisa Salkovitz Kohn, George S. Crisci Individual Rights in Public Sector. American Bar Association Toni M. Massaro, Significant Silences: Freedom of Speech in the Public Sector Workplace Southern California Law Review, Vol. 61:1:1987. Joseph E. Slater, Public Workers: Government Employee Unions, the Law, and the State, , ILR Press at January 2004 Oct 6: Collective Bargaining and Arbitration in the Public Sector Readings: Kearney, The Process and Politics of Public Sector Collective bargaining, in Labor Relations in the Public Sector, pp Steve Adubato Binding Arbitration Doesn t Add Up, March 2009 (available on line) Joseph McCartin, A Wagner Act for Public Employees Labor s Deferred Dream and the Rise of Conservatism, Journal of American History 95:1 (June 2008): Oct 13: In Class Midterm Exam. Second Half of Class: Paper Topic Overview and Research Methods. Oct 20: Public Sector Unions and the Fiscal Crisis Readings: Jeff Keefe, Research on public vs. private sector pay differentials in NJ. Ellen Dannin, Cash Strapped Governments: Privatization as a Response to the Crisis of the Great Recession, Mildred E. Warner, Local Government Restructuring in a Time of Fiscal Stress, From Public Jobs and Political Agendas: the Public Sector in an Era of Economic Stress, edited by Daniel J.B. Mitchell Joseph A. McCartin, Convenient Scapegoats: Public Workers Under Assault, Dissent Spring 2011, Oct. 27: Reinventing Government, Labor-management Cooperation and the Future of Public Sector Employment Readings: Vice President Al Gore s National Partnership for Reinventing Government Reinventing Your Government, by David Osborne 4 Introduction to 1995 Report of the New Jersey Commission on Privatization and Competitive Contracting Jeff Keefe, Can Unions Be Transformational Agents in Public Sector Workplace Redesign? in Going Public: The Role of Labor-management Relations in Delivering Quality Governmental Services. (Industrial Relations Research Series, 2002), pp Nov 3: The Public Sector Pension Crisis Readings: Katie Benner, The Public Pension Bomb, in Fortune May Selections, Roger Lowenstein, While America Aged (2008) Monica Davey and Mary Williams Walsh, Billions in Debt, Detroit Tumbles into Insolvency, New York Times July 18, Nov 10: Tenure, Teacher Militancy and Education Issues Readings: Stephen Sawchuk States strive to overhaul teacher tenure, Education Week, April 7, Nicolaus Mills, The Corporatization of Higher Education Dissent (Fall 2012): 6-9; Aaron Bady and Mike Konczal, From Master Plan to No Plan: the Slow Death of Public Higher Education, In Class Discussion: Blackboard Unionism: History and Debate Film: Up the Down Staircase (1968) Nov. 17: Charter Schools and Public Finance First half of class: Peer Review Writing Exercise Film: Waiting for Superman In Class Readings: Selected critical responses to Waiting for Superman. November 22 (CLASS WILL MEET ON TUESDAY AT THE SAME TIME DUE TO THANKSGIVING BREAK): The Crisis in Federal Service: Contract Administration, Personnel Practices and the Merit System Readings: Peter B. Doehringer Audrey Watson, Linda Kaboolian and Michael Watkins, Beyond the Merit Model: New Directions in the Federal Workplace? in Public Sector Employment in a Time of Transition, Industrial Relations Research Association Series, pp Katherine Barrett and Richard Green, An Unproductive Bump, in Governing, April Jonathan Franzen, Lost in the Mail, from How To Be Alone: Essays (2003) Dec. 1: Taxation and the Challenge of Regionalism Readings: Peter Dreier, John Mollenkopf and Todd Swanson, Place Matters: Metropolitics for the Twenty-First Century (2001). David Swindell and Mark S. Rosentraub, Who Benefits from the Presence of professional Sports Teams? The Implications for Public Funding for Stadiums and Arenas, Public Administration Review 58:1 (January-February 1998): Dec 8: Final exam in class 6
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