Union says ‘conversation has started’ over how NWT nurses bargain

The Public Service Alliance of Canada says it has problems with a regular MLA’s proposal to give NWT nurses their own bargaining unit but is “not opposed” in principle.

The Union of Northern Workers, which is a component of PSAC, currently represents nurses alongside thousands of other NWT government workers in the same unit.

How that works is governed by a piece of legislation named the Public Service Act.

Yellowknife North MLA Shauna Morgan is drawing up a private member’s bill that would, if passed, change the Public Service Act so the territory’s nurses receive their own collective agreement.

Morgan says nurses have distinct needs from nine-to-five workers and a separate agreement could help attract and retain staff.

She says she’ll introduce her bill in May, arguing action must happen fast because collective bargaining is due to begin again later this year, at which point alterations to bargaining units become more difficult.

Private member’s bills like this one, put forward by regular MLAs, are quite rare – cabinet usually brings forward legislation – but do occasionally succeed.

PSAC regional executive vice-president Josée-Anne Spirito told Cabin Radio the union disapproves of Morgan’s draft bill but is prepared to explore the idea of a dedicated nurses’ bargaining unit.

“Are nurses very unique with a unique set of challenges, especially in the current healthcare crisis? One hundred percent, we can all agree on that,” Spirito said on Tuesday.

“The way it’s being presented is very problematic, because we’re presenting one side of the story. It’s like me trying to sell you a pill without citing the side effects.”

Spirito says one “side effect” would be that a bargaining unit full of nurses may not be able to strike, given most are designated essential workers.

“Our ultimate tool to put pressure on the employer to discuss issues that are important to our members is to remove our labour, to go on strike, although it’s never the route we want to take when we start negotiations,” she said.

“These [staffing] crises are temporary, right? When I moved here 14 years ago, it took me months to be able to find a job as a licensed practical nurse. Now, obviously, things are different because there is such a shortage, but I am hopeful that things will get better – and then we are at the mercy of the employer. We don’t have the ability to remove our labour any more and to go on strike.”

Some nurses say they have spent years calling for bargaining to change.

“We’ve asked repeatedly to have a voice,” Sheila Laity, a nurse in the NWT for the past 32 years, said last week.

Spirito said the union had “not seen a lot of involvement at the bargaining table” from nurses calling for change to how their bargaining is structured – but acknowledged the union is now hearing from its membership on the issue.

“Their voice is very important and it’s being heard right now,” she said.

“We need to hear from all of our members before we can say that’s the right path to go down, and we need to make sure we have that discussion as to what that means in terms of benefits and shortcomings.”

Other provinces ‘out-negotiating’

Morgan doesn’t agree that a dedicated nurses’ bargaining unit would mean less bargaining power through the loss of the ability to strike.

“There are different ways to get bargaining power. There are different sources of bargaining power,” the MLA said, pointing to the NWT Medical Association, which represents physicians and which, she said, is “made up of primarily essential workers.”

“Currently, the nurses’ unions in other provinces are out-negotiating our UNW in terms of getting incentives and bonuses and appropriate compensation for nurses, so clearly they have some effective bargaining power,” Morgan said.

(PSAC contends that southern bargaining units representing nurses also include allied healthcare professionals, increasing the ability to strike. Morgan has said legislative restrictions mean her private member’s bill alone cannot deliver that kind of unit, but the inclusion of allied healthcare workers would ultimately “make a lot of sense.”)

Spirito said Morgan’s drafting of a bill and public discussion about the issue meant the “conversation with the employer has already started,” adding the union wants to continue exploring how nurses’ bargaining is handled through a dialogue with the GNWT.

She characterized the GNWT and union as “working actively” toward mutually agreed changes to the Public Service Act, though the specific changes were not clear.

“Although we haven’t seen the draft, we have been thoroughly consulted on concepts and what that would look like in a bill. We just need to continue that discussion,” she said.

Spirito said the idea of a separate nurses’ collective agreement had not been a part of that conversation, but said now “is the time to have the discussion.”

Pushing back at PSAC’s suggestion that the union and NWT government be allowed to figure out a solution themselves, Morgan said there had been no apparent movement on the issue for years.

‘Fundamentally, legislation is the responsibility of legislators, including myself, and so this problem cannot be addressed without changing our legislation that we’re responsible for,” she said.

“There are issues with the Public Service Act that have been discussed for some time between the union and the government, and my understanding is that even discussions about establishing a labour relations board have come up between the union and the government. Since at least 2017, we haven’t seen any action come out of those discussions.”

‘Meaningful consultation’

Morgan remains confident that her private member’s bill can pass.

“I perceive that there is widespread public support for this idea and there will be constituents in every riding in the territory that care about this,” she said.

“I think if people go and speak to their MLAs, whether that’s a cabinet member or not, it will become more clear what this means to people, how important people think this is, and what is really at stake here.”

Spirito believes the only way to handle the issue is to take a more involved look and fully understand what she says are the pitfalls.

“When we create a new bargaining unit, there’s no more collective agreement. So these members start from zero. They don’t start with everything that the GNWT has,” Spirito asserted.

“The union is not opposed to this. That’s one thing I want to make clear. But we want to do it in meaningful consultation with all of our members to ensure that this is the best solution and then work with the employer.

“Why don’t we find the right solution now and try to push that forward with the employer? And then hopefully cabinet can propose a bill that we have been consulted about that would satisfy the need for different ways of doing bargaining for healthcare workers.”