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The Chronicle-Herald Tue Feb 3 2015

Hearings to determine who will represent whom in Nova Scotia's health-care system entered the final stretch Monday. Arbitrator Jim Dorsey was at an airport hotel outside Halifax along with representatives for the four health-care unions and the employer for final submissions on representation under the Liberal government's Health Authorities Act. The bill reduces the number of bargaining units to four from 50 and this will likely be the final week for unions to make their case.

Such a scenario would see unions keep their respective members but use an amalgamated bargaining team when it comes time to negotiate contracts. Dorsey ruled that that option makes sense for health-care and support, where no union has a clear majority. Although the government appears to be on side with that plan, for nursing and clerical, the government's preference is for the majority union to represent the bargaining unit. NSGEU has the clear majority for clerical. Last week, the government changed a regulation in the act that, in effect, gives the Nova Scotia Nurses' Union the majority of nurses.

KJIPUKTUK), HALIFAX - "We are happy with this decision. It creates four bargaining units and ensures that all nurses can be represented by one union," said Health and Wellness Minister Leo Glavine in a press release issued short

The idea of four bargaining units was never disputed, labour leaders say, so that's hardly a victory for the government.

And as far as the one union for nurses is concerned, Dorsey states that he doubts whether any one health-care union has the numbers to claim a majority.

Bargaining bulletin January 24, 2014

Two weeks of negotiations for a new collective agreement covering 47,000 workers in B.C. hospitals, care homes, emergency health services and the health care supply chain are now completed. Representatives of the Health Employers Association of BC and the 11-union Facilities Bargaining Association (FBA) exchanged proposals on a number of non-monetary issues at the bargaining table.

“We identified scheduling, the health impacts of shift work, and the need to reduce injury rates, workload and bullying as priorities,” said Pearson.

The Chronicle-Herald Wed Dec 10 2014

The first day of arbitration hearings between Nova Scotia's health-care unions and the provincial government opened with a final attempt by CUPE to prevent unions from being assigned to designated bargaining units. Arguing based on a charter of rights protest against Bill 1, the legislation that merges nine health authorities, CUPE lawyer Susan Coen told arbitrator Jim Dorsey that he has the power to consider other options. While Bill 1 calls for each of the four unions to be assigned to one of four new bargaining units, the Canadian Union of Public Employees continues to advocate for a bargaining association model that would allow unions to keep their respective members but come together to bargain on behalf of each of the new units that would impact their members.

Although a lawyer for the health districts portrayed this as unions calling for the status quo, Coen said the four unions (CUPE, Unifor, the Nova Scotia Nurses' Union and the Nova Scotia Government &General Employees Union) reached consensus on the association model through a lot of effort. "It is far, far more than just unions agreeing to work together," Coen said. The province ruled out the proposal last summer, saying it did not go far enough to streamline bargaining. Mediation failed last month, triggering the arbitration. Bill 1's approach to labour causes unnecessary upheaval, she said. The other issue touched on during Tuesday's session was the legislation's call to put all registered nurses and licenced practical nurses in one bargaining unit. Lawyers for CUPE and the NSGEU, who stand to lose thousands of members under that plan, noted there are concerns, given the salary disparity between the two jobs and fears some registered nurses may have about their roles being eroded by licenced practical nurses.

The Chronicle-Herald Sat Jan 24 2015

"... the nursing bargaining unit is composed of all unionized employees who occupy positions that must be occupied by a registered nurse or a licensed practical nurse." Dorsey explains his view of the "majoritarian principle," arguing that principles of democracy require a union to be supported by a majority of members to be certified. Of course, that is not the way our democracy works. It has been three decades since any party won more than 50 per cent of the vote in a Nova Scotian or Canadian election. And when one party has a plurality, but not a majority, of seats, it still gets to form the government. As a practical matter, only the clerical group (NSGEU) has a majority from one union. No matter. Dorsey tells us that "it cannot be the legislative intent in this restructuring for the first time in Canadian history to impose certification of three unions as exclusive bargaining agents for bargaining units of employees without majority employee support."

And "... no employer wants to bargain with a union ... that does not represent a majority of its employees." Any plain reading of the act tells us that was exactly the intent of the employer, because for three of the groups, there is no majority union. Both the IWK and the regional health authorities (RHAs) had plenty of opportunity to object. They did not. The NSNU has a majority of nurses (RNs and LPNs) at the IWK and in total. Dorsey estimates that the NSNU has 48.9 per cent of the nurses in the amalgamated authority. He appears to have searched everywhere for a pebble to stumble on and finds it there. It is crystal clear that the straightforward path to follow the act is by certifying the NSNU for those employees. Premier Stephen McNeil has eliminated this unnecessary impasse by combining the nursing units for the provincial health authority and IWK Health Centre into a single or common employer unit for bargaining purposes, without compromising the IWK's independence. Good.

After almost a year of bargaining for a new contract, the Health Science Professionals Bargaining Association (HSPBA) has reached a tentative agreement for nearly 17,000 health science professionals working in hospitals and communities across British Columbia.

The tentative agreement includes wage increases totaling 3 percent, and makes permanent a market adjustment of between 9 and 14 percent over and above the basic wage rates for pharmacists.

provisions that protect the health and safety of health science professionals in short supply who often work on call

Bargaining bulletin

February 28, 2014

With just over a month remaining before the current collective agreement expires, health unions are looking for concrete progress in contract talks covering 47,000 health workers.

Bargaining bulletin

March 7, 2014

With just weeks remaining before the current contract covering 47,000 health care workers is set to expire, B.C.’s health employers have failed to constructively or meaningfully address key bargaining issues.  The multi-union Facilities Bargaining Association is pressing health employers to address workload, safer working conditions, and job security provisions that would provide stability in care delivery, reduce injuries, and provide economic security for members.  In addition, the FBA wants the restoration of vacation days that were frozen in the 2010 round of bargaining.

The Daily Gleaner (Fredericton) Tue Apr 12 2016

Officials with the Nashwaak Villa nursing home in Stanley have filed an application with the New Brunswick Labour and Employment Board seeking clarity on whether or not they are the legal employer of the facility's staff because the facility hopes to gain greater control over the management of hiring protocols and other employee-related administrative matters. Daphne Noonan, executive director of the Nashwaak Villa, said a confusing situation has developed over the past 40 years, creating complexities around who is the legally recognized employer for her staff.

Over time, those responsibilities - such as payroll - were transferred to the health authorities, which has caused some complications, she said. Even though the Nashwaak Villa manages employee hours, Horizon Health Network issues the cheques and manages human resources issues and support. "It's just evolved through history. What that has resulted in is that it's unclear to everyone who the employer is," she said, explaining that her board cannot find any formal documentation that explains the division of responsibilities. "The nurses have a bargaining unit and the CUPE folks have a bargaining unit. Our folks are the only ones in the province who work in a unionized nursing home who are governed under the collective agreements of the public service. That's just the way it's been. They've always been considered members."

Nova Scotia's nine district health authorities and the IWK Heath Centre are taking a common approach to collective bargaining, to ensure that the province’s health care system remains affordable

On February 6, Capital Health and NSGEU (Local 42 – Healthcare) began collective bargaining

The new approach to bargaining – which will see the districts and IWK bring forward a common set of proposals – is part of a larger effort to reduce costs, find efficiencies and improve the delivery of health care services across the districts and IWK. Over the past two years, the districts and IWK have reduced their administrative costs to 5.1%, now below the national average of 5.2%. Along with the provincial government, they are working to further reduce the costs of administration and support services through a shared services initiative.

Bargaining bulletin Facilities bargaining covers 47,000 health care workers January 14, 2014

Negotiations for a new collective agreement covering 47,000 workers in B.C. hospitals, care homes, emergency health services and the health care supply chain begin today in Vancouver. The 11-union Facilities Bargaining Association (FBA) is hoping for a constructive round of talks focused on improving working and caring conditions in a system under pressure. The FBA’s lead negotiator, Hospital Employees’ Union secretary-business manager Bonnie Pearson, says health care workers are also looking for employment security and fair and reasonable improvements in wages.

Newsletter November 15, 2013

More than 230 HEU delegates concluded deliberations at the union’s 20th Facilities Bargaining Conference in Vancouver on Friday, setting the union’s course for the next round of bargaining.

In particular, job security and protecting benefits – along with a fair wage increase – were identified by delegates, providing a focused and strategic direction to HEU’s newly elected 13-person bargaining committee.

Compass-Marquise deal offers wage and vacation improvements Bargaining bulletin November 14, 2013

After nearly a year of bargaining and a successful strike vote, the HEU Compass-Marquise bargaining committee reached a tentative agreement with the employer early Monday for a four-year contract. Members will receive a signing bonus of 20 cents per hour –approximately equal to $390 for a full-time employee. Additional raises of 35 cents per hour on Oct. 1, 2013, 25 cents on Oct. 1, 2014, 30 cents on Oct. 1, 2015 and 10 cents on April 1, 2016 will follow. A probationary wage of $1.25 less per hour for all new hires will come into effect July 1, 2014.

Apr 7, 2014

The NS Liberal Government’s attack on collective bargaining What you need to know about Bills 30 and 37 – Essential Services Legislation Nova Scotia’s Liberal Government has now passed two laws – Bills 30 and 37 – that represent an unprecedented attack on our bargaining rights.  These bills essentially take away our right to free collective bargaining and stack the deck heavily in the employers’ favour. Bill 30 This was the first of the two Bills passed by the Legislature and was aimed at home support workers.  It affects five of our locals, 3936, 3885, 3953, 3986 and 4354 but will now be superseded by Bill 37. CUPE has already launched a legal challenge on Bill 30. Bill 37 On Friday, April 4 after almost a full week of debates and delaying tactics in the Legislature, the Liberals used their majority to ram through a second law, Bill 37. This bill is sweeping in its scope, forcing essential service agreements on almost 40,000 health care AND community services workers in seven different unions. For CUPE, it means some 9,000 members – basically half of our provincial membership – have just had their bargaining rights trampled on.  Here is who Bill 37 affects:

Patience is running out says HEU April 11, 2014

Bargaining resumed on April 9 and 10 between Sodexo and your HEU three-person bargaining committee, representing 240-plus members at Abbotsford Regional Hospital and Cancer Centre (ARHCC). During the last round of bargaining in March, your committee put forward wage and benefit improvements similar to those Sodexo had ratified with HEU in other facilities last fall. In this round, the employer replied to the union’s demands, but their initial offer fell far short. As a result, the employer was forced to sharpen their pencils and tabled a monetary package on day two with improvements to their original wages and health care benefits offer.

MEDIA RELEASE: Unions Seek Clarity on Minister’s Recent Comments Leaders of the four health care unions affected by Bill 1 have written to the Minister of Health & Wellness this morning, requesting urgent clarification on his recent comments that government would accept a model of collective bargaining that would see the lead union in each of the four proposed bargaining units conduct bargaining on behalf of all employees in that sector.  “Minister Glavine’s comments seem to suggest that government would allow each of the four Unions to continue to represent their current membership,” says Rick Clarke, President of the Nova Scotia Federation of Labour.  “These public comments appear to contradict what is contemplated in Bill 1.”  The Union leadership, therefore, has requested an urgent meeting with the Minister today to discuss how to reconcile his public comments with the legislation and to explore in detail the exact nature of his proposal. All of the union leaders are currently at the legislature and available to meet.

HALIFAX – An arbitrator has ruled that Nova Scotia can reduce the number of bargaining units that represent workers in the health care sector from 50 to four.But James Dorsey has postponed a decision on which union will represent those workers.

Some of the unions had argued the proposed structure was unconstitutional because it denied freedom of association provisions of the charter, but Dorsey rejected those arguments.

Dorsey says he will resume hearings on Feb. 2 on the remaining issue of which union will represent each of the four bargaining units.

Oct 15, 2015

The HIV and AIDS bargaining checklist is a resource tool for local unions, bargaining committees, members and other activists to support those infected and affected by HIV and AIDS.

National Post Sat Aug 20 2016

The whole idea of a doctors' union is, on its face, preposterous. Doctors are not typically to be found among society's downtrodden, lacking marketable skills or bargaining power: on the contrary, they are among the highest-paid professionals in the country, and would be with or without a medical association to negotiate on their behalf.

More to the point, doctors are not civil servants. While some are paid a salary or per-patient "capitation" fee, most are in private practice, and charge for each treatment they perform. They are small business operators, really. And yet they are entitled to bargain collectively, like coal miners or factory workers, their fees set not by competition in the marketplace but in marathon negotiations with the government.

Bargaining bulletin February 3, 2014

Members of the multi-union Community Health Bargaining Association (CBA) have voted in favour of a five-year contract with the Health Employers Association of BC.