The National Public Employer Labor Relations
Association shall support or oppose federal and state legislative action,
judicial decisions, and administrative agency policy in accordance with the
following principles:
1. Deferral to Local Control.
(a) NPELRA
supports action that promotes the principle of local control of wages, hours,
working conditions, benefits, methods of work, and other terms and conditions
of employment within each jurisdiction of government, whether the employer is a
unit of federal state, or local government.
Further, NPELRA advocates that, where a labor agreement or memorandum of
understanding is in place, the agreement should govern all continuing terms and
conditions of employment for its duration, free from outside interference. Upon the expiration of such agreements or
understandings, the principle of local control should remain in force.
(b) NPELRA
urges respect for the principles of federalism enshrined the United States
Constitution, and for the sovereignty retained by state and local governments
under this doctrine. NPELRA opposes federal action contrary to the
constitutional principle of federalism.
(c) NPELRA
recognizes that all Americans are imbued with fundamental civil rights,
recognized in the Constitution and laws of the United States. The principles of local control and deferral
to the collective bargaining process may be an inappropriate mechanism for
determining the scope of those fundamental civil rights due every
American. Legislative, administrative,
or judicial action designed to secure or define these rights is of a different
kind than efforts to mandate wage levels or certain fringe benefits long deemed
a prerogative of the employer and the bargaining process. Accordingly, this policy shall not be
construed to require NPELRA to oppose civil-rights legislation or regulatory
action ont he basis that such legislation compromises “local control” or the
collective bargaining process.. NPELRA
shall work to ensure that any such action respects the need of all employers,
public and private-sector, for clarity, reasonability, and workability in any
civil-rights legislation or regulation governing employment. In approaching these important issues,
NPELRA shall strive to be sensitive to the diversity of viewpoints,
backgrounds, and life experiences among its member, and shall avoid taking
positions on civil-rights issues in the absence of a reasonable consensus
within the organizations.
2. Deferral to Voluntary Negotiations.
Dispute resolution mechanisms should
encourage rather than discourage voluntary settlement of issues between labor
and management. Automatic access to
impasse resolution procedures, such as binding interest arbitration, should not
replace voluntary collective bargaining as a means to resolve disputes over the
terms of collective bargaining agreements.
Voluntary agreements reached between the parties through the negotiating
process are preferable to those imposed on public management, unions,
employees, and the public by a third party.
3. Balance of Power Between Management and
Labor.
Employee rights to representation
and collective bargaining, where they exist, should be balanced against the
rights of elected bodies and public management to ensure that the public
interest is adequately preserved. Any
legislation that speaks to employee rights to representation should also ensure
that negotiated agreements do not unduly impair the rights and responsibilities
of public managements.
4. Funding of Mandates.
When a legislative body mandates
benefits or other actions that impose costs upon a governmental jurisdiction,
outside the process of local control and voluntary collective bargaining,
NPELRA shall advocate that the costs be funded by the legislative body imposing
the mandate.
5. Tax Policy.
NPELRA supports legislation and
regulations that produce favorable tax results for both employers and employees.
6. Organizational Advocacy.
NPELRA shall advocate on its own or
in conjunction with other groups positions consistent with the principle of
local control of the relationship between public employers and their
employees. We believe that local control
leads to the most efficient utilization of human resources. Peaceful and cooperative relationships
between governments and their employees are best served by employment
arrangements that occur at the lowest appropriate level of authority. Further, the lower levels of government are
closer to the people and, thus, are more accountable to ensure a responsive,
orderly, and efficient operation. In
contrast, mandates from higher levels cannot be as responsive and do not carry
the spirit of voluntary resolution of disputes.
Further, it is the policy of the
NPELRA to work closely with other public and private interest groups when
common interest and concern exist, to provide information, to develop
strategies, and to engage in other concerted activities to carry out the goals
of this policy and in response to legislative, administrative, or judicial
action that affects public-sector labor-management relations.