Shauna Morgan introduces nurses’ collective bargaining bill

Yellowknife North MLA Shauna Morgan has formally introduced her private member’s bill that would give NWT nurses more power to decide how they are represented in collective bargaining.

Currently, nurses are part of the same collective agreement as nearly all other unionized NWT government employees, who are represented by the Union of Northern Workers.

Morgan argues allowing nurses to form their own bargaining unit would let them advocate for needs that are distinct from those of other GNWT employees, at a time when attracting and retaining healthcare workers is crucial.

The Union of Northern Workers and its parent, the Public Service Alliance of Canada, have said they are not opposed to the principle of Morgan’s argument but do not support aspects of her bill and would prefer to work on the legislation with cabinet over a longer period.

A recent survey by nursing regulatory body CANNN found majority support for a separate collective agreement dedicated to nurses. The union said it questioned the methodology behind CANNN’s survey.

Morgan’s bill received first reading on Friday, a preliminary stage at which no debate takes place.

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Her goal is to get it through second reading next week, at which MLAs can debate the merits of her bill and then choose whether to send it to a committee for public consultation.

On Friday afternoon, she told Cabin Radio she had “incorporated a lot of feedback” received after publishing a draft earlier this year.

“This bill allows nurses a chance to hold a vote to decide on who they want to be their bargaining agent,” she said, outlining how some of the provisions in her bill have evolved.

“Instead of specifying in the act who the bargaining agent will be – because that’s the way it’s been done up till now – this creates a new mechanism where nurses can hold a vote amongst themselves.

“Following that vote, they would apply to the NWT Supreme Court to validate and authorize the results of that vote.”

Other additions include a clause that ensures nurses remain under their existing collective agreement while making the transition to a new bargaining agent, rather than “some period of limbo where they would have no collective agreement applying to them.”

Another clause provides for Hay River nurses to be covered by the new bargaining group if and when Hay River’s health authority merges with the NWT-wide authority.

‘Get it out of the starting gate’

Usually, bills come from cabinet. A regular MLA introducing their own bill is comparatively rare and private member’s bills often fail. In the past few assemblies, a handful of private member’s bills have become law.

Getting the bill out to public consultation after second reading is Morgan’s immediate goal. MLAs will defeat the bill if a majority vote against it at second reading.

“I think some people are under the impression that the vote is to pass the bill, that I’m trying to rush this through and we’ll pass the bill now without even going to public consultation and engagement,” Morgan said on Friday.

“What I’m trying to do is just get it out of the starting gate, right? And so the point of second reading is just for us to acknowledge that it’s worth discussing, it’s worth going out for public engagement and consultation, examining this and having public input from lots of different stakeholders.

“Second reading would allow that to begin. I’m hoping my colleagues will allow this to even have a chance of public consultation and engagement.”

GNWT, union issue joint response

Regardless of the bill’s ultimate fate, Morgan has already achieved one rarity: a joint statement from the NWT government and the union.

Often opposed on other issues, those parties issued a statement on Friday pledging a “shared commitment to continuing our conversations” on issues like the structure of bargaining units.

“Amidst recent commentary surrounding the Private Member’s Bill, we wish to reiterate that both the Government of the Northwest Territories and the UNW/PSAC remain fully committed to advancing thoughtful and effective legislative amendments,” read the statement, signed by finance minister Caroline Wawzonek, UNW president Gayla Thunstrom and PSAC regional executive vice-president Josée-Anne Spirito.

“We believe that a collaborative approach, grounded in consultation, engagement, and mutual respect, will lead to robust and enduring legislation that will benefit all GNWT public servants.”

The GNWT and union said they intended to continue work on legislative amendments even during the next collective bargaining period, which is expected to start later this year.

“The GNWT and the UNW/PSAC are aligned in our intention to continue this important work despite any timing challenges posed by the legislative or bargaining schedules,” the parties stated.

“By issuing this joint statement, we want to make it clear to all GNWT employees that we intend to continue work on this final aspect of [Public Service Act] reform in a constructive and cooperative manner.”

Morgan said the statement from the territory and union was “great news.”

“All along, I’ve said we need more comprehensive changes” to the relevant legislation, she said.

“The private member’s bill can’t accomplish everything that needs to be changed. To see the UNW and the GNWT jointly affirming that yes, they do need to work together and make changes to this section of the act – and they’re committed to do so – is great news, and it’s also great news that they are indicating they are willing to do that even during active negotiations.

“I’m trying to effect a shorter-term change that’s targeted and focused on nurses, that could potentially take effect before the end of this year, and could potentially offer nurses an opportunity to negotiate a separate collective agreement next time they’re going into bargaining. We know the situation in healthcare – and especially our recruitment and retention of staff – is urgent, and so I’ve been looking for more urgent action that can be taken to address some of the concerns.”