COLLECTIVE BARGAINING RIGHTS for Public Employees in the United States and Canada

Abstract

Analysis of collective bargaining rights for public sector employees is a unique but fundamentally important component of understanding the more general, national status of workplace rights. It is unique in that the employment and industrial relations of public sector employees are often governed by different statutory provisions, institutions, and market environments than those that apply to private sector workers. At the same time, however, public employees comprise a significant portion of the total workforce—and of union membership—in both Canada and the United States. Thus, as pointed out by the chair of the workshop, Donald Wasserman (Federal Labor Relations Authority), the practices and developments affecting the rights and responsibilities of public sector employees is both a major concern and influence on the broader industrial relations environment of any state or nation. This workshop provided an opportunity for academics and practitioners from both sides of the border to discuss these issues in a cross-national perspective.The presentation by Roy Adams (McMaster University, Hamilton, Canada) highlighted the complexity of assessing the bargaining and human rights of employees in the public sector. Professor Adams noted that, in several ways, Canadian labour policy could be seen to be in line with international standards, especially when viewed in comparison to the United States. At all levels of government, the rate of public sector collective bargaining coverage in Canada is relatively high (65%–75%): a phenomenon rooted in the fact that Canadian governments, as employers, do not oppose unionization. Every jurisdiction has recognized the right of most government employees to bargain collectively. Canada has supported the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, thereby agreeing to “respect, to promote and to realize in good faith” a core set of labour rights, including the “effective right to bargain collectively.” Canada has also ratified ILO Convention 87 on the Freedom of Association and Protection of the Right to Organize (whereas the U.S. has not).