Public Sector LR (15)

Question 1

Crown

Answer 1

Synonym for government

her majesty in right of Canada or a province

Question 2

Public service

Answer 2

departments and agencies that are controlled and managed directly by a central financial planning agency of the crown

Distinct from public sector which receives funding from the government but is responsible for its own management

Question 3

Treasury Board

Answer 3

Committee of the Queen’s Privy Council compromising the minister of finance and four other cabinet ministers.
Work is done by the administrative arm = the Treasury Board Secretariat.
Manages public service, including c.b. and other hr functions.

Question 4

Crown Corporation

Answer 4

corporation wholly and directly owned by the provincial or federal crown

Question 5

Broader public sector

Answer 5

sectors of the economy that are funded predominantly or exclusively through taxpayer money + have management that is independent from the government

Question 6

public servant

Answer 6

employee formally appointed to the public service following the requirements of legislation

Question 7

essential services

Answer 7

services that are essential to protect the health, safety, security of the public.
Ex: police officers, firefighters, medical practitioners.
Public transit, mail delivery: some gov consider essential as well.

Question 8

essential services agreement

Answer 8

agreement between an employer and a union that identifies which and how many employees are “essential” to protect public safety and therefore cannot participate in work stoppage.

Question 9

interest arbitrator

Answer 9

ind or three-person expert arbitration board tasked w writing the terms of a c.a. when the union and employer are unable to reach agreement through voluntary c.b.

Question 10

care work

Answer 10

work involves caring for others

providing service to others

Question 11

duty of fidelity

Answer 11

owe to employer

owe to government, not necessarily the political party in power at any time

swear on oath to the crown = become a pub servant

impartiality, neutrality, fairness and integrity

Question 12

final offer package

Answer 12

form of interest arbitration in which the interest arbitrator is restricted to imposing either the employer’s or the union’s proposed c.a. in its entirety.

Forces parties to compromise = easier to reach an agreement

+ difficult if large # of issues
1 side can be mildly agressive on all issues VS compromise on all + 1 very agressive issue

Question 13

replication principle

Answer 13

Bc the interest arbitration is a substitute for free c.b. : arbitrator should seek to replicate (as much as possible) an agreement that the parties would have likely reached had they had recourse to the economic sanctions of a strike or lockdown

Question 14

incrementalism principle

Answer 14

principle that interest arbitrators should not impose significant changes on the parties to a c.a. and should instead reserve those big changes for freely negotiated agreements.

Question 15

necessity principle

Answer 15

principle that interest arbitrators should order the terms (benefits, wages) necessary to attract and retain employees for the employer

Question 16

comparability principle

Answer 16

principle that the interest arbitrator should maintain comparable terms and conditions between comparable jobs in the pub and private sector.

Question 17

ability to pay principle

Answer 17

principle that where provided by statute, interest arbitrators may or must consider the govs ability to pay when deciding of their award

Question 18

whistle-blower

Answer 18

employee who discloses information about harmful or illegal conduct of their employer or co-worker

Pub servant is expected to go up the ladder and not directly to the public. Extreme case = Julie Payette (go to the public)

Question 19

interim award

Answer 19

temporary award until the tribunal has given its final decision

Question 20

final offer selection

Answer 20

choose a position on each issue (management or union)