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Arbitrability Restrictions in Action

Resource type
Authors/contributors
Title
Arbitrability Restrictions in Action
Abstract
A number of hypotheses as to the possible impact of the collective bargaining process of Section 48 of the Alberta Public Service Employee Relations Act (PSERA) are tested. Section 48 declares non-arbitrable a broad range of management rights items. The results suggest that power relations, market forces, and shared understandings in Crown hospitals have overridden the anticipated effect of the law. In Crown Service bargaining, however, Section 48 has served to buttress traditional management rights that pre-date the PSERA. Management's defense of such rights, facilitated by Section 48, has contributed to frustrating legalism, strained bargaining relationships with certain Crown locals, and a blunting of union power within the formal bargaining system. Further research is needed to determine the nature and effect of informal workplace responses. Recent unlawful strikes of social workers and corrections officers are evidence of growing pressure for change in the legislation.
Publication
Relations Industrielles
Volume
47
Issue
2
Pages
279-299
Date
Spring 1992
Language
English
ISSN
0034379X
Accessed
3/9/15, 9:06 PM
Library Catalog
ProQuest
Rights
Copyright Universite Laval - Departement des Relations Industrielles Spring 1992
Citation
England, G., & McKenna, I. (1992). Arbitrability Restrictions in Action. Relations Industrielles, 47(2), 279–299. http://www.erudit.org/revue/ri/1992/v47/n2/index.html