TITLE

The Old Order Giveth Way to the New: A Comparison of Executive Order 10988 with Executive Order 11491

AUTHOR(S)
Berger, Harriet F.
PUB. DATE
February 1970
SOURCE
Labor Law Journal;Feb70, Vol. 21 Issue 2, p79
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article discusses the shortcomings and limitations of U.S. President John F. Kennedy Jr.'s Executive Order 10988 and U.S. President Richard Nixon's Executive Order 11491 governing labor-management relations in the federal sector. Students and labor relations practitioners on both sides of the bargaining table have long recognized three glaring defects of Executive Order 10988: the failure of the order to provide the beginnings of a substitute for the strike as an inducement to agreement; a lack of congruent management and union authority to bargain, with its impact on the scope of bargaining; and the non-exclusiveness of the so-called exclusive bargaining agent. There are other deficiencies, both procedural and substantive, but these three are primarily responsible for the creeping pace of the development of collective bargaining in the federal service. Executive Order 11491 preserves 10988's concept of the community of interest standard for the determination of the appropriate unit as the basis of exclusive recognition of the majority representative. This concept has lead to craft units and to units confined to the local activity or installation, and to a level of union recognition far below the locus of decision-making in personnel policy and working conditions.
ACCESSION #
5811473

 

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