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4 Canadian Lab. & Emp. L.J. 1 (1996)

handle is hein.journals/canlemj4 and id is 1 raw text is: AMALGAMATION OF THE PUBLIC SERVICE STAFF RELATIONS BOARD AND THE CANADA LABOUR RELATIONS BOARD: SOME THOUGHTS ON A RECURRING THEME Michel LeFranpois* In the following article, the author discusses the concept of the amalgamation of the Public Service Staff Relations Board with the Canada Labour Relations Board. This, he notes, is an issue that has been raised periodically, and in the author's view, is a matter which is likely to resurface. The author begins by tracing the historical underpinnings of collective bargain- ing in the public service and explores the reasons for the creation of the Public Service Staff Relations Board as a tribunal distinct from the Canada Labour Relations Board. Differences between public sector collective bargaining and its counterpart in the private sector are cited, which include statutory limitations on the right to strike, the different scope of collective bargaining, and the distinct constituencies served. Other factors are also offered as contributing to the separate existence of the Public Service Staff Relations Board, including independence from government and the view of the public servants themselves. The experience in other jurisdictions with respect to the relationship between the public and private sectors is explored, the author noting that some provinces have never established separate public sector and private sector boards, while others initially set up separate boards and subsequently amalgamated them. The author, without committing himself to any of these positions, then sets out the respective cases for merging the private and public sector legislative regimes, for maintaining the status quo, and for effecting an administrative amalgamation. While not himself advocating any of these options, the author does, however, suggest that administrative amalgamation might have more far-reaching implications than an- ticipated once implemented; for example, revealing the differences between the legis- lative schemes may cause the parties to question their continued separate existence. This, and other factors, the author argues, might result in a tendency towards har- monization of the two schemes if administrative amalgamation is adopted. Michel LeFran~ois is counsel to the Public Service Staff Relations Board. The views of the author are his own and the author would like to thank D. Ltourneau, R. Harkin, J. McCormick and the anonymous referee for their support and guidance.

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