III. Procedural Rules ‑ Public Sector
•Traditional
–Legislation silent on crown employees
–Exception was municipal employees ‑
•Current
–Public Service Staff Relations Act ‑ 1967 ‑
–Provinces then passed legislation
•1967-75 the public sector became overwhelmingly unionized
Legislation silent on crown employees ‑
   taken to mean exclusion
Exception was municipal employees ‑
   most viewed as covered

Public Service Staff Relations Act ‑ 1967 ‑
Right to bargain for most federal employees.  1999 Supreme Court said did not apply to RCMP, no bargaining rights
Union to choose strike or arbitration option each bargaining round
Employees designated essential may not strike

Provinces then passed legislation
Right to organize and bargain for almost all public employees.
Right to strike in several provinces as well as federal
Others forbid strikes and require mandatory arbitration
Quebec – public sector employees have same union and bargaining rights as private sector employees except police and firefighters can’t strike but can submit to arbitration
Ontario – municipal employees can strike but provincial employees can’t, but can submit to arbitration