Session 9: Public Sector Labour Relations

What makes the public sector exceptional

The need to protect the public

Diffused bargaining authority

Sovereign nature of state as employer

Core Public service

Controlled directly by central financial planning agency of the Crown (e.g. Treasury Board or Management Board of Cabinet)

Separate Agencies or organizations

Authority over their own HR, still controlled to some extent by central financial planning

Ex. CRA, eHealth Ontario

Crown corporations

Wholly and directly owned by the government, but independent BoD

ex. CBC, RoM, Alberta Gaming & Liquor Commission

Broader public sector

Government funded, but independent management

ex. school boards, public hospitals

Essential services subject to one of three models for dealing with strikes

1. “No strike” model

E.g. police officers and firefighters throughout Canada

2. “Unfettered strike” model

E.g. Crown corporations, sometimes education

3.Designation” model

Most other situations

Keeps certain workers on to maintain health, the rule of law, etc.

Public Sector Collective Bargaining Law and Policy: Essential Services

• In most jurisdictions, employers and unions negotiate essential services agreements

• The federal government has reserved the right

• Upheld by the C.A.T.C.A. vs. The Queen, which led to a surge in designations

• Also, “job bundling” is permitted, but with restrictions.

• There can be trade-offs between essential service workers and replacement workers

• E.g. Both cannot work simultaneously in B.C., but can in Ontario

Public Sector Strike and Picketing Rules

Beyond the essential services limitation, rules on strike activity are similar

The nature of costs in public sector strikes is different

Gvmts save money, companies lose money

• Strikes are perceived as political

• Courts uphold them as economic

• Picketing rights are more restrictive

• E.g. courthouses

Public Sector Limits on bargaining topics

Unlike private sector, public sector restricts what can be bargained

For ex, federal Public Service Labour Relations Act prevents bargaining on:

• Pensions.

• Appointments.

• Job classifications.

• Assignment of duties.

• Layoffs.

interest arbitration which is widely used in pub sector entails:

Panel of 3 people:

• 2 nominees.

• 1 neutral party.

2 types of interest arbitration

1. Straightforward.

2. Final offer selection.

interest arbitration adheres to various principles, including:

(C RAIN)

• Comparability principle

• Replication principle

• Ability to pay principle

• Incrementalism principle

• Necessity principle

Replication Principle

Arbitrators attempt to “repli-cate” what parties would likely have negotiated if the “industrial warfare” (i.e., strikes and lockouts) had governed.

Incrementalism Principle

Arbitrators are conservative and tend to avoid sudden large changes to previous collective agreements.

Necessity Principle

Arbitrators consider the need of governments to be able to attract and retain quality employees and therefore recognize working conditions must be competitive.

Comparability Principle

Arbitrators attempt to maintain comparable terms and conditions between comparable public sector and private sector jobs insofar as a reasonable comparable exists

Ability to Pay Principle

Arbitrators consider the general state of gvmt finances and economy. This principle is controversial and applied cau-tiously bc in most cases governments have “ability” to pay but instead are “unwilling” to pay bc of diff political and economic priorities.