PSERAPublic Service Employee Relations Act (Canada)
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When Provincial Treasurer Merv Leitch introduced the government's new public sector labour legislation, the PSERA, in the legislature on 28 April 1977, he immediately cited the task force as its provenance, ignoring the fact that the recommendations of the two sides of the task force were mutually incompatible:
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.
PSERA: An Early Example of Permanent Exceptionalism
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. There were no compromises, no concessions, and no negotiations.
Bill 45 substantially increases the fines and penalties that are imposed on unions, members and employees in relation to strikes that are already prohibited by the PSERA and Code.
They argue that the same is true for Section 70 of the PSERA and section 96 of the Code.