Thesis: The Lakeside Packers case demonstrates that the province of Alberta requires the Labour Code to be amended to allow for First Contract Arbitration in the Collective Bargaining Process.

Introduction After watching the video entitled “24 days in Brooks”, it is apparent that if a First Contract Arbitration had been in place; this emotionally charged situation may have been avoided. This paper is to examine the merits of having a First Contract Arbitration to be put in place within the Alberta Labour Code. Also, I will discuss the background of the Lakeside Packers dispute, my perspective on what employee, employer and state believe are their stances on First Contract Arbitration and how they would be affected. Also, some …show more content…

Employers of the private sector believe that if First Contract Arbitration is in place that it will erode their ability to be competitive to achieve their goals. They reason that if a third party imposes employment terms, that this could make their business uncompetitive, and that these arbitrators could inflict costs that the business cannot afford. If a union is in place and First Contract Arbitration is in effect; then the mentality is an “us against them” which then hampers the bargaining relationship. They believe that they and the employees have the opportunity and responsibility to work together to find solutions to problems without involving a third party who may put together a contract that is not agreeable to either party.
Employers say to “leave it as is”. If employers and employees are unable to work out an agreement, employers say that either party has other routes available to them such as a strikes or lockouts.
State
The State is supposed to be a neutral party between employer and employee; however, in Alberta, the Labour Code is written in such as way that it leans heavily in support of the employer. Employees have no recourse as in the case of the Lakeside Packers when they had formed a union and submitted an agreement and then to have it ignored by the employer. The employer can continue to bargain in bad faith