About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

24 Indus. & Lab. Rel. Rev. 226 (1970-1971)
Fact Finding and Teacher Salary Disputes: The 1969 Ecperience in New York State

handle is hein.journals/ialrr24 and id is 224 raw text is: FACT FINDING AND TEACHER SALARY DISPUTES: THE 1969 EXPERIENCE IN NEW YORK STATE RICHARD PEGNETTER C OLLECTIVE bargaining in public edu- cation is now completing its third full year in New York State. One of the most significant portions of the agree- The New York State Public Employees' Fair Employment Law (1967), popularly known as the Taylor Law, provides for the use of fact finding in impasses in collective negotiations between public agencies and their employees. Of the impasses which occurred in the first two years of the law's operation (1968-1969), over 80 per- cent involved school boards and their employees and about half of these education disputes re- sulted in appointment of fact finders. This article examines cases involving disputes over teacher salaries in which fact finders' reports were made, detailing and analyzing the arguments presented by teachers' organizations and school boards to support their positions on salary demands and offers and the criteria used by fact finders to support their recommendations. It also com- pares the criteria used in teacher disputes with those employed in arbitration of wage disputes in the private sector as reported by Bernstein and Miller. Among the criteria cited in the fact-finding reports, salary comparisons with nearby schools are found to be the most frequently presented. In a period of noticeable inflation, such as 1969, salary recommendations are also highly respon- sive to the increase in the cost of living. Fact finders also are sensitive to the burden of school costs in many communities and, consequently, ability to pay is an important consideration in their recommendations. Richard Pegnetter is assistant professor of economics, State University College at Buffalo, New York. He is currently on leave and is doing graduate work at the New York State School of Industrial and Labor Relations, Cornell Univer- sity. He expresses thanks to Jean McKelvey and Walter Oberer for their helpful comments on an earlier draft of this artide.-EDrroR ments teachers and school boards nego- tiate together is faculty salary. When negotiations are not successful and an impasse occurs, the most frequent issue at impasse and the issue most important to the parties is salary.1 New York State is one of many states which uses a fact- finding procedure as part of a dispute settlement process for its public em- ployees.2 This article is an examination of the criteria relied on by fact finders in making teacher salary recommendations in New York in 1969. The function of this study is twofold. It will attempt to acquaint the reader with the nature of the arguments which are presented during fact-finding hear- ings and considered relevant to teacher salaries by fact finders. In addition, the study will quantify the emphasis on par- ticular criteria which is evidenced by the reports. This emphasis will be dis- cussed and analyzed in an effort to determine what might explain the pre- dominance of certain criteria. In sum, the study is designed to provide insight into the way fact finders present and 1Harry Kershen, A Study of Collective Nego- tiations: New York's Taylor Law, unpublished mimeographed paper, New York State Education Department (Albany, N.Y., 1969), p. 13. 'Richard S. Rubin, A Summary of State Col- lective Bargaining Law in Public Employment (Ithaca, N.Y.: New York State School of Indus- trial and Labor Relations, 1968), pp. 1-52

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most