This book examines how collective bargaining disputes are resolved among police and essential service employees. The author in his extensive field-work research and his study of international case studies has developed a useful model for mandatory interest arbitration among police and other essential services personnel.

ABSTRACT AUTHOR’S NOTE ON PREVIOUS PUBLICATIONSACKNOWLEDGEMENTS CHAPTER ONE: INTRODUCTION I THE OBJECTS OF THIS WORK II EFFECTIVE DISPUTE AVOIDANCE AND RESOLUTION FOR A CRITICAL ESSENTIAL SERVICE III THE ROLE OF INTERNATIONAL LABOUR STANDARDS IV METHODOLOGY V A FRAMEWORK FOR EVALUATION VI THE ORGANISATION OF THE STUDY AND ITS ARGUMENT A The Study’s Argument CHAPTER TWO: INTERNATIONAL LABOUR STANDARDS I INTRODUCTION II PUBLIC SECTOR COLLECTIVE BARGAINING AND THE FUNDAMENTAL ILO FREEDOM OF ASSOCIATION CONVENTIONS III THE RATIONALE BEHIND COLLECTIVE BARGAINING A Introduction B Levelling the Playing Field C Promotion of Industrial Peace IV INTERNATIONAL STANDARDS CONCERNING COLLECTIVE BARGAINING A Introduction B Principles Concerning Public Sector Bargaining C Special Characteristics of Public Service V DISPUTE RESOLUTION AND THIRD PARTY INTERVENTION A Voluntary Nature of Bodies for the Resolution of Collective Bargaining DisputesB Independence and Impartiality of Procedures and Confidence of Parties C The Role of Arbitration in the Resolution of Bargaining Disputes VI STRIKES AND THE WITHDRAWAL OF SERVICES A The Right to Strike in the Public Sector B The Right to Strike and Essential Public ServicesCONCLUSIONCHAPTER THREE: THE AUSTRALIAN POLICE LABOUR RELATIONS FRAMEWORK I INTRODUCTION II THE REGULATION OF POLICE EMPLOYMENT IN AUSTRALIA III THE CONCILIATION AND ARBITRATION SYSTEM IV RE-SHAPING THE LABOUR RELATIONS SYSTEM: THE SHIFT TO ENTERPRISE BARGAINING A Limitations on Compulsory Arbitration B Limitations on Industrial Action C Matters Excluded from Bargaining V CONCLUSION CHAPTER FOUR: PUBLIC SECTOR DISPUTE RESOLUTION: THE MECHANISMS I INTRODUCTION II BACKGROUND: BARGAINING IN A PUBLIC SECTOR CONTEXT III DISPUTE RESOLUTION IN THE PUBLIC SECTOR: THE MECHANISMS A Conciliation and Mediation B Arbitration IV SUMMARY AND CONCLUSION CHAPTER FIVE: THE REGULATION OF INDUSTRIAL ACTION I INTRODUCTION II CONCEPTS OF ESSENTIALITY III ESSENTIAL SERVICES STRIKE MODELS A The ‘No-Strike’ Model B The ‘Unfettered-strike’ Model C The ‘Controlled-Strike’ (or ‘Designation’) Model IV THE DESIGNATION OF ESSENTIAL SERVICES UNDER A CONTROLLED-STRIKE MODEL V CONCLUSION CHAPTER SIX: CASE STUDY 1: INTEREST ARBITRATION MODELS IN CANADA I INTRODUCTION II STATUTORY FRAMEWORK A Ontario B British Columbia III APPLICATION OF ARBITRAL CRITERIA AND COLLECTIVE BARGAINING CONTEXT IV DISCUSSION V ALTERNATIVE APPROACHES VI CONCLUSIONCHAPTER SEVEN: CASE STUDY 2: MEDIATION-ARBITRATION IN THE NEW ZEALAND POLICE I INTRODUCTION II THE NEW ZEALAND POLICE NEGOTIATION SYSTEM A Statutory Foundation and Final-Offer Arbitration B The Police Negotiation Framework III A BLENDED MEDIATION-ARBITRATION MODEL IV ALTERNATIVE PROPOSALS V DISCUSSION AND ASSESSMENT VI CONCLUSIONCHAPTER EIGHT: LESSONS AND RECOMMENDATIONS FOR REFORM I INTRODUCTION II LESSONS AND RECOMMENDATIONS A Adoption of a Mediation-Arbitration Model of Interest Arbitration B Final-Offer Arbitration as a Dispute Resolution Option C A Tripartite Arbitration Structure D Arbitral Criteria E Industrial Action F An In-built Review ProcessCHAPTER NINE: MOVING FORWARD …BIBLIOGRAPHY