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Labour and Employment Law

Labour and Employment Law

In the federal public service

By Christopher Rootham


Labour and Employment Law in the Federal Public Service describes the labour and employment law governing employees of Parliament, employees of government agencies, members of the RCMP, and most direct employees of the government (excluding members of the Canadian armed forces, judges, and employees of Crown corporations). Specifically, the book deals with the Public Service Labour Relations Act and the Public Service Employment Act. It also provides the leading cases and, where appropriate, a representative sample of decisions to explain or provide examples of particular points.

The legal regime of the federal public service has undergone significant change in the past three years, and no other book addresses these changes.


Part 1 Chapter 1: Introduction

The nature and characteristics of the federal public service
The two themes of public service labour and employment law: merit and free collective bargaining
The case for and against exceptionalism
Rule of law

Chapter 2: History

Situation in britain up to the nineteenth century: an evolution towards crown sservants and appointment on the basis of merit
The early years: the introduction of appointment according to merit in Canada
Labour relations in the federal public service to 1967
The reforms of 1967
Federal public service 1967-2005
Public service modernisation: 2005

Part 2 Chapter 3: Scope of the Public Service Labour Relations Act

What is the "federal public service"?
Who is the "employer"?
Who is an employee?

Chapter 4: The Public Service Labour Relations Board

Composition of the Board
Jurisdiction and the powers of the Board
Enforcement and review of Board orders
Pay research

Chapter 5: Acquisition of bargaining rights

Applications for initial certification
Displacement applications
Successor rights
Appropriate bargaining unit

Chapter 6: Bargaining

Commencement of collective bargaining: the notice to bargain and election of dispute resolution process
Obligation to bargain in good faith
Scope of bargaining
The conciliation/strike route
The arbitration route
Consultation and co-development

Chapter 7: Complaints against employers

Statutory freeze
Unfair labour practices
Failure to implement an arbitral award or collective agreement

Chapter 8: Employee organisations

The bargaining agents in the federal public service
Statutory duties of employee organisations
Legal status of employee organisations (at common law)

Part 3 Chapter 9: Resolution of rights disputes

Informal conflict management system
Matters that may be grieved
Matters that may be referred to adjudication
Group grievances
Policy grievances

Chapter 10: Terms and conditions of employment

Terms and conditions for unrepresented employees
Governor in council appointements
Legal effect of treasury board policies
The special duties of public servants
Terms and conditions concerning pay
National joint council directives

Part 4: Chapter 11: Public Service Employment Act

Respective institutional roles of the public service commission, public service staffing tribunal, deputy heads, and selection boards
What constitutes an "employment"?
The merit principle
Remedies and redress after a successful complaint
Limits to the candidates eligible for selection
Staffing priorities

Chapter 12: Staffing at the Canada Revenue Agency

Staffing recourse at the Canada Revenue Agency

Chapter 13: Classification

Job descriptions

Part 5: Chapter 14: Royal Canadian Mounted Police

RCMP dispute resolution system in context

Chapter 15: Parliamentary employees

Ministerial staff
Members of parliament

Part 6: Chapter 16: Public service superannuation

History of superannuation in the Federal public service
Pension benefits and contributions under the Public Service Superannuation Act
RCMP superannuation

Chapter 17: Court proceedings

Judicial review
Court action

Published January 2007
Publisher Irwin Law (Canada)
ISBN 9781552211434
Australian RRP $79.95
International Price $75.00
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Law - Industrial & Employment

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