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American labour law is broken. As many as 60 percent of American workers would like to have a union, yet only 12 percent actually do. This is largely due to systematic employer interference, often in violation of existing laws. The Employee Free Choice Act (EFCA), currently before Congress, contains provisions to rectify this problem. Canada's experience with similar provisions can be helpful in evaluating the arguments surrounding this act. It suggests that the reforms proposed in EFCA can be expected to safeguard rather than deny employees' free choices. They will not alter the balance of power in collective bargaining, but only help to ensure that workers can exercise their basic right to meaningful representation at work and, potentially, to win gains that could help to reduce inequality and return America to prosperity.
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[The author] traces the evolution of teacher collective bargaining from its pre-collective bargaining roots, through several distinct stages, including the 1997-2001 restructure of the bargaining system as well as the current era in which the provincial government ha staken a more conciliatory, two-tier approach to negotiations. ...[C]oncludes that a consistent them throughout this history is the struggle about the issue of control over education policy and, in particular, teachers' voices in the bargaining workload. --Editors' introduction
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The 1990s in Canada will probably go down as the most stressful decade for public-sector industrial relations since the inception, 25 years earlier, of collective bargaining in the public service. Government debt and defecits became the rationale for downsizing, outsourcing, privatization, layoffs, buyouts, and early retirement packages at both the federal and provincial levels. When workers' bargaining units did not bend to government demands at the negotating table, and when leaders did not blink at the threat of restrictive legislation, then governments of both the right and the left at times found it convenient to legislate rule changes to suit their fiscal or ideological purposes. The contributors to Public-Sector Labour Relations examine in depth the events of recent years in the public service of six jurisdictions―Nova Scotia, Ontario, Manitoba, Alberta, British Columbia, and the federal government. Trends in the other five Canadian provinces are also considered. Only in BC has there been an essentially co-operative labour relations environment, although even in this province, public service employment has dropped considerably. Overall, from 1991 to 1997, provincial civil service employment fell by 15 per cent, while the federal employment reduction was 14 per cent. (From the employment peak in 1993-4, the overall provincial reduction was over 22 per cent.) Although collective bargaining is still alive, a major conclusion of this study is that collective bargaining in the Canadian public sector is not well. The cases reported here demonstrate that governments have adopted the attitude and policy that they may engage in bargaining or suspend it whenever they find that course of action to be convenient. Viewed from a broader international context, as discussed in the concluding chapter, the casual suspension of bargaining by Canadian governments cannot be justified by the norms and agreements that Canada has shared with the international community. -- Publisher's description. Contents: Public-sector labour relations in an era of restraint and restructuring: an overview / Gene Swimmer -- Provincial government restructuring in Nova Scotia: the freezing and thawing of labour relations / Terry H. Wagar -- From softball to hardball: the transition in labour-management relations in the Ontario public service / Joseph B. Rose -- Fiscal restraint, legislated concessions, and labour relations in the Manitoba civil service, 1988-1997 / Paul Phillips and Carolina Stecher -- The logic of union quiescence: the Alberta case / Yonatan Reshef -- Labour relations in the BC public service: blowing in the political wind / Mark Thompson -- Restructuring federal public-sector human resources / Gene Swimmer and Sandra Bach -- Public-employee relations: Canadian developments in perspective / Roy J. Adams.
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