HN2100 Collective Agreement Administration With Paul Tilley Unit 5 Public Sector Collective Bargaining

The Public Sector Collective Bargaining After completing this unit, learners should be able to: Define the Public Sector Outline the history of Public Sector’s path to unionism Discuss the various statutes governing public sector collective bargaining. Explain designated/essential employees. Discuss unique features of public sector collective bargaining relative to private sector collective bargaining.

The Public Sector The public sector includes federal and provincial civil services, municipalities, health care, education, and government-owned enterprises (ie Canadian Broadcasting Corporation). Today, most public sector employees are covered by collective agreements and, in fact, Canada's two largest unions - Canadian Union of Public Employees (CUPE) and the National Union of Provincial and General Workers (NUPGE) operate almost exclusively in the public sector.

The Development of Canadian Labour Unions The Canadian labour movement really has made a lot of gains towards improving the cause of workers in the last century and a half.   Minimum wages, overtime pay, workplace safety standards, maternity and parental leave, vacation pay, and protection from discrimination and harassment all largely resulted from initiatives brought about through the union movement. 1873: national labour organization formed - “Canadian Labour Union” 1886: Canadian Trades and Labour Congress (TLC) 1908: Canadian Federation of Labour (CFL) 1940: Canadian Congress of Labour (CCL) 1944 Privy Council Order PC 1003: established a process to allow workers to certify a union, once a union was certified the employer was obligated to recognize the union, it also established grievance-arbitration procedures which involves a mechanism for the resolution of grievances without resort to strike action; banned strikes during the life of a collective agreement, banning sympathy or solidarity strikes 1956: Canadian Labour Congress (CLC) 1967: Public Sector Staff Relations Act 1982: Charter of Rights and Freedoms 1985: United Auto Workers of Canada (UAWC)

History of Public Service Collective Bargaining In the 1940’s government employees, working through employee associations, had sought to persuade the employer to improve their conditions of employment through consultation. Saskatchewan, which in 1944 granted the same collective bargaining rights to its own employees that it gave to private sector employees. Governments across Canada used the sovereignty doctrine and the fear of crippling strikes in essential services to justify their opposition to public sector unionization, however in 1944, it created the National Joint Council (NJC) to address the concerns of federal public servants.

Rise of Institutionalized Collective Bargaining in the Private Sector 1944 Privy Council Order PC 1003: established a process to allow workers to certify a union, once a union was certified the employer was obligated to recognize the union, it also established grievance-arbitration procedures which involves a mechanism for the resolution of grievances without resort to strike action; banned strikes during the life of a collective agreement, banning sympathy or solidarity strikes

Rise of Institutionalized Collective Bargaining in the Public Sector The late 60’s also saw the beginning of the unionization of the public sector. Provincial: Quebec grants collective bargaining rights to public sector workers, 1965. Remaining provinces do likewise from 1968-1978. Federal: Public Service Staff Relations Act, 1967 Restrictions on issues that can be negotiated - “Excluded are all matters respecting the organization of the public service, the assignment of duties, the classification of positions, and job evaluation” (Johnson, 2011: 369). “estimated that public sector union membership increased from approximately 183,000 members in 1961 to 1.5 million members in 1981” (Rose, 2007: 185).

Labour-Management relations in the Federal public service The framework for labour-management relations in the federal public service is established in five main Acts of Parliament. The Public Service Employment Act (PSEA) gives the Public Service Commission (PSC) authority over staffing matters such as hiring, promotions and lay-offs, and the protection of the merit system. The Financial Administration Act (FAA) gives the Treasury Board responsibility for determining most other terms and conditions of employment. The Public Service Staff Relations Act (PSSRA) grants the right to collective bargaining. It gives the Public Service Staff Relations Board the authority to oversee the collective bargaining system and to adjudicate certain grievances. The Public Service Superannuation Act (PSSA) governs all aspects of pensions. The Canadian Human Rights Act (CHRA) applies to relations between the federal government and its workers, whether unionized or not.

Differences in the Public Sector & Private Sector Collective Bargaining in the Public Sector does not work quite the same way as collective bargaining in the private sector because of some marked differences between public- and private sector employers, employees/unions, and legislation.

Differences in the Public Sector & Private Sector Most public sector employers are not driven by the need for profit – rather they focus on providing services to the public.

Differences in the Public Sector & Private Sector In the private sector, a strike imposes financial hardship on the employer; whereas in the public sector, the government "saves" money when employees go on strike.   In the event of a strike in the public sector, employees rarely contemplate the employer shutting down permanently, as many private sector employees fear. Since a large number of people are affected by strikes in the public sector, bargaining takes place at the bargaining table and in the media.   In the public sector, then, political considerations dictate Management's view of strikes.

Differences in the Public Sector & Private Sector Private sector labour relations are governed by the Labour Relations Act in Newfoundland (and similar legislation in other provinces) if they fall under provincial jurisdiction or the Canada Labour Code, if they fall under federal jurisdiction. In the public sector there are many statutes regarding labour relations including legislation such as the Public Service Collective Bargaining Act.

Differences in the Public Sector & Private Sector In the private sector, employees are free to bargain over whatever they want - almost everything is negotiable.  In the public sector, however, there are a variety of restrictions on what can be bargained. Some public-sector statutes, for example, do not permit bargaining over technological change, pension plans and criteria for promotions, transfers and layoffs.  As well, governments have "legislated" wage freezes, temporarily making wages a non-negotiable issue for unions.

Differences in the Public Sector & Private Sector Employees in the private sector who wish to be represented by a union, can choose to be represented by practically any union they wish. The Labour Relations Board then determines the appropriate bargaining unit in the private sector. In the public sector, the labour organization representing the employees may be specified in legislation. Sometimes public sector bargaining units are established in the legislation.

Differences in the Public Sector & Private Sector The single most important employer difference between public and private sector bargaining is the dual role government plays, as employer of public sector workers and as legislator. The government as legislator can achieve objectives which it hasn't been able to achieve at the bargaining table. 

Differences in the Public Sector & Private Sector Another key employer difference is the far greater diffusion of management authority in the public sector. There, in contrast to the single line of authority characteristic of the private sector, one often finds a "bewildering fragmentation of authority among numerous management officials." 

Differences in the Public Sector & Private Sector Public sector union members are far more likely than their private sector counterparts to be female, professional, and white-collar. This means that issues such as pay and employment equity are of particular importance to public sector workers. It also means that these workers remain concerned with issues of intrinsic job satisfaction and with the quality of service they are able to provide to the public.

Differences in the Public Sector & Private Sector In the private sector, this determination is normally made by labour relations boards—often with considerable input from the parties involved. In the public sector, bargaining units are more often determined legislatively. Unlike labour board officials, members of Parliament or legislative assemblies need not possess any labour relations experience; thus it should not be surprising that the determination of bargaining units by legislators often does not make for the most harmonious labour– management relations.

Differences in the Public Sector & Private Sector An even more important difference between public and private sector bargaining lies in the scope of issues which can be brought to the table. In the private sector, the parties are free to bargain over any provision that isn't illegal. But in most public sector acts, the scope of bargainable issues is severely limited, though there is a fair amount of variation among different acts

Differences in the Public Sector & Private Sector Probably the single most important difference between the public and private sectors lies in the different procedures for resolving disputes in the two sectors. Special dispute settlement procedures have been devised for the public sector because of the essential (or allegedly essential) nature of much work in that sector. Conventional interest arbitration – The arbitrator fashions the contract, within certain broad limits Final-offer arbitration – The arbitrator chooses either the union's position or the management position as the new contract. Choice of procedures -- Union is given the right to choose between binding arbitration and the traditional conciliation-strike Controlled strike -- A strike, but with designated employees performing essential duties