Synopsis By: Lurie - Proceeding Author: Roy L. Heenan

The author charges that Canadian public sector unions have rarely considered the public interest at their demands at the negotiating table and that, during the 1970s, an almost unlimited right to strike resulted in high labor costs and built-in inefficiencies. This was superceded by legislation prohibiting strikes or lockouts during the term of a CBA, and the binding arbitration of all disputes. In Canada, unless otherwise provided in the CBA, Management is deemed to have the right to subcontract. The author described two means by which Arbitrators have construed contractual limitations on subcontracting, both of which the author deems to be distortions of contract clauses serving other purposes.