PSERAPublic Service Employee Relations Act (Canada)
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The government made two claims of consultation with the union in the time between the public sector strikes of 1974 and the creation and enactment of the PSERA in 1977.
A brief look at the appropriate section (21) of the PSERA makes it clear that not a single concession to labour's position on exclusions was included in the new Act.
In fact, the permanent exceptionalism of the PSERA in Alberta may actually mark the beginning of the move to coercion detailed by Panitch and Schwartz.
The Lougheed government had a blueprint for public sector labour relations in Alberta that remained unchanged throughout the period leading up to the drafting and enacting of Bill 41, the PSERA in 1977.
The PSERA did not reflect any concessions by the Lougheed government to their employees or their union, the AUPE.
There was no real consultation by the government with AUPE on PSERA.
The absolute ban on strikes by public employees covered by the PSERA initiated in 1977 continues in force in Alberta today, and that ban has since been expanded to include the provincial health care sector.
They argue that the same is true for Section 70 of the PSERA and section 96 of the Code.