Procedural Fairness in Public Sector Bargaining

Public Service Alliance of Canada v. Canada (Attorney General), 2013 FC 91 is an illuminating case on many issues, especially procedural fairness. 

At issue was a labour relations dispute between the federal government and one of its agencies. The bone of contention was a direction by the Minister for Canadian Heritage that a group of workers at the Canada Border Services Agency should hold a vote on the last offer made to them. Section 183 of the Public Service Labour Relations Act allows the Minister to order that a vote be taken where he considers it would be in the public interest to do so.

The direction in the present case was issued without consideration of a report concluded by an expert body which had previously been appointed under the Act. Moreover, it was issued without notice to the applicant. Gleason J.'s ultimate conclusion was that the direction was unfair.