From Advice to “Secret Mandates”: The Evolution of Government Intervention in Public-Sector Bargaining in Alberta, Canada

From Advice to “Secret Mandates”: The Evolution of Government Intervention in Public-Sector Bargaining in Alberta, Canada

Jason Foster, Bob Barnetson & Susan Cake

Volume : 79-1 (2024)

Route dans les nuages - Crédit photo: KristinMcGill_Pixabay

Abstract

The article "From Advice to 'Secret Mandates': The Evolution of Government Intervention in Public-Sector Bargaining in Alberta, Canada" by Jason Foster, Bob Barnetson, and Susan Cake examines the changing landscape of government intervention in public-sector bargaining in Alberta, Canada, particularly from 2014 to 2022. The authors explain how the Alberta government transitioned from using informal, ad hoc methods of influence to implementing a highly structured system that includes both legislative and non-legislative tools, most notably the introduction of "secret mandates."

Shift from Ad Hoc to Structured Government Intervention
Historically, Alberta's approach to public-sector bargaining was decentralized and often reactive. Government involvement was inconsistent, largely dependent on the political climate and the specific government in power. However, starting in 2014, there was a marked shift towards a more systematic and coordinated approach. This change was solidified with the creation of the Public Bargaining Coordination Office (PBCO) in 2017, which centralized control over bargaining mandates and strategies. According to the authors, this office "transformed public-sector bargaining in Alberta by coordinating the goals, behaviors, and outcomes across various sectors," demonstrating the government's increasing desire to control the bargaining process more directly.

While recent Supreme Court decisions have placed some constraints on legislative interventions in public-sector bargaining, Alberta's use of non-legislative tools like the PBCO and secret mandates represents a new frontier in government control. This approach allows the government to influence outcomes without directly violating workers' rights under the Canadian Charter of Rights and Freedoms, thus avoiding legal challenges while still achieving its objectives. As the authors suggest, this could set a precedent for other provinces, potentially leading to a more widespread adoption of similar strategies.

Secret Mandates
A significant development in Alberta's public-sector bargaining was the introduction of legislated, confidential directives, or "secret mandates," in 2019 under the United Conservative Party (UCP) government. These mandates required public-sector employers to follow specific government directives during bargaining without disclosing them to unions or the public. The article describes these secret mandates as "a powerful tool that has allowed the government to steer negotiations without the need for direct legislative intervention," thereby ensuring that the government's fiscal and policy goals were met across all public-sector negotiations.

Union officials reported that the government's pervasive influence created a more adversarial and tense environment at the bargaining table. The secrecy surrounding the mandates also complicated negotiations, as union representatives often had to "guess the mandate" during discussions, leading to delays and frustration. This lack of transparency strained the relationship between unions and employers, making it difficult to build trust and reach agreements without external mediation.

Implications for Public-Sector Unions and Future Bargaining
The findings from this study have important implications for public-sector unions and future rounds of bargaining in Alberta and beyond. The shift towards centralized control and the use of secret mandates indicate that governments may increasingly rely on such strategies to manage public-sector labor relations. For unions, this means adapting to a new reality where transparency is limited, and bargaining power is constrained by external, non-negotiable mandates. The authors argue that unions may need to develop new strategies to navigate this environment, such as "enhancing coordination across sectors to counter the government's centralized approach."

Moreover, the increased tension and adversarial nature of bargaining in this new context could lead to longer and more contentious negotiation processes, with a higher likelihood of disputes requiring mediation or legal intervention. The article concludes by suggesting that while Alberta's approach has so far been effective in achieving government goals, it risks undermining the long-term stability and effectiveness of public-sector labor relations by eroding trust and cooperation between the parties involved.

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