ADJUDICATORS (ARBITRATORS) ACTING AS MEDIATORS: AN EXPERIMENT IN DISPUTE RESOLUTION AT THE PUBLIC SERVICE STAFF RELATIONS BOARD OF CANADA

Author(s):  
GEORGE T. SULZNER
2005 ◽  
Vol 30 (4) ◽  
pp. 628-642 ◽  
Author(s):  
A. Gray Gillespie

This paper is primarily an attempt to describe the organization, functions, and influence of the neutral third-party agency in the Federal Public Service collective bargaining system.


2005 ◽  
Vol 41 (4) ◽  
pp. 691-703
Author(s):  
Jacob Finkelman

The author traces the origins and development of public sector negotiations in Canada. Heputs the accent on several aspects such as: the determination of bargaining units, the definition of what is negotiable, major problems encountered and ways of resolving them, the determining of essential services. In the light offorty years of experience, the author cornes to the conclusion that granting the right to strike in the public sector was a mistake. He also takes position against the merger ofthe Canadian Labour Relations Board (CLRB) and the Public Service Staff Relations Board (PSSRB).


2005 ◽  
Vol 28 (3) ◽  
pp. 497-549 ◽  
Author(s):  
Arjun P. Aggarwal

Employer-employee relations in the Federal Public Service of Canada entered a new era with the proclamation on March 13, 1967, of three Acts— The Public Service Staff Relations Act ; The Public Service Employment Act ; and anAct to Amend the Financial Administration Act. The employees have been guaranteed the right to organize, the right to bargain, the right to strike and the right to get grievances adjudicated by an independent tribunal. The statutory right to grieve and get the grievances adjudicated have provided to the federal public employees a sense of justice and « fairplay ». The adjudication system has made the private sector of industrial jurisprudence applicable to the federal public services with a remarkable success. This article deals with the function and operation of the statutory Grievance Process and Adjudication.


2005 ◽  
Vol 29 (4) ◽  
pp. 786-803 ◽  
Author(s):  
Jacob Finkelman

In this article, the author explains the rationale behina the Finkelman report which contains many proposals for legislative change in the Public Service Staff Relations Act„ Some of the key recommendations are discussed but substantial consideration is also given to the constraints the committee had to deal with.


2019 ◽  
Vol 2 (2) ◽  
pp. 213-234
Author(s):  
Muhammad Adiguna Bimasakti

Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation disputes in public services that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it was found that there was an overlap of authority between the Ombudsman and the Court in resolving public service disputes. This paper will try to discuss this in depth in terms of the philosophy of the existence of the Ombudsman, and its implications for its Special Adjudication authority. Aside from that, this paper will also discusses about the procedure of proceedings in the Administrative Court regarding public service disputes.


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