MLAs hear arguments for, against nurses’ bargaining bill

A committee of NWT MLAs reviewing a bill that would allow nurses to form their own bargaining unit heard arguments for and against the proposed legislation at recent public briefings.

During a presentation to the committee, the College and Association of Nurses of the NWT and Nunavut, or CANNN, expressed support for Bill 26 – a private member’s bill being advanced by Yellowknife North MLA Shauna Morgan.

“Currently, nurses are vocalizing that the existing collective bargaining unit is not able to provide the level of advocacy that they desire,” said Megan Wood, chief executive officer of the regulatory and professional body.

“Across Canada, independent nursing associations successfully advocate for their members, strengthening broader labour movements through tailored representations in the proposal for an action.”

Wood referenced studies that she said indicate nurse-led collective bargaining units have resulted in higher wages, lower turnover and greater job satisfaction elsewhere.

She also pointed to the results of a survey conducted by CANNN, in which more than 80 percent of 282 respondents supported having a separate collective agreement.

The Union of Northern Workers or UNW, which currently represents nurses in bargaining, has questioned the reliability of that survey as it could be publicly accessed and completed multiple times by the same person. Wood acknowledged the survey’s limitations and said the results are intended as a starting step to explore the issue further.

Wood said CANNN is planning to separate its regulatory and advocacy responsibilities. She said if Bill 26 is passed, the advocacy organization could choose to apply for collective bargaining power.

Union opposes bill

During another public hearing, Gayla Thunstrom, president of the UNW, harshly criticized the bill and asked MLAs to vote against it.

She described Bill 26 as “a proposed Band-Aid crossed with a magic pill that has not been researched, fully considered or addressed any implications, nor been broadly consulted on.”

Thunstrom argued the proposed legislation could “send nurses into a legal and representational limbo that could take years to resolve,” and said she believed it would not withstand a court challenge.

The UNW represents most unionized GNWT employees, including healthcare workers.

Thunstrom argued that having a larger bargaining unit is of great benefit to smaller, specialized groups of workers. She said the UNW had “won a number of high-profile grievances” for healthcare workers and the collective agreement specifically sets out terms and conditions for them.

“This isn’t an issue of the union not advocating but of our lobbying falling on deaf ears. Legislation won’t change that,” she said.

Bill 26 would “create a two-tiered value system for healthcare workers,” Thunstrom asserted, and could undermine the collective bargaining process for other UNW members.

When it came to whether nurses support having a separate bargaining unit, Thunstrom argued there is no clear consensus.

“I would love to tell you what the majority of nurses want but we honestly can’t, based on the responses we’ve received,” she said.

“This bill is dividing NWT nurses rather than uniting them.”

Thunstrom further claimed the proposed legislation could “open the door to the possibility that a couple of individuals could randomly name themselves the NWT Nurses Employees’ Association and they would act in the same capacity as a UNW and the NWTTA,” or the NWT Teachers’ Association.

“It could potentially become a free-for-all,” she said.

Instead of the changes proposed under Bill 26, Thunstrom said the union has been looking at restructuring its locals with healthcare workers.

MLA defends bill

Morgan introduced the private member’s bill in May, saying it would allow nurses’ greater advocacy at a time when attracting and retaining healthcare workers is critical.

The bill passed second reading later that month with a majority of regular MLAs voting to send it to committee for more in-depth study and debate, which includes holding public hearings with interested parties.

Cabinet abstained from voting on second reading of the bill, while the finance minister argued the issue would be better addressed through a government-led bill.

Morgan recently told Cabin Radio what she found “most striking” about the public hearing with the union was that it was “a debate between people who are not nurses about what is best for nurses and who should be able to speak and make decisions on their behalf.”

“The main issue should be about the constitutional rights of nurses and other groups of workers to decide for themselves how they want to organize and … who they want to represent them in bargaining,” she said.

“It seems that they just want people to accept that the UNW knows what’s best for its members.”

Morgan said the union’s restructuring plans will not address nurses’ right to freedom of association and to choose who they want bargaining for them.

Regarding the union’s concerns about consultation on the bill, Morgan noted the process for introducing a government-led bill is different than for a private member’s bill. She said she had talked to as many nurses as she could across the territory but the consultation process begins with the committee reviewing the bill.

“I don’t have the resources the government has when it comes to scheduling formal consultations in communities across the territory as a private member,” she said.

Addressing Thunstrom’s comments about a potential legal challenge of the bill, Morgan said it was not clear what the basis would be.

“Certainly, vague threats of legal challenges can really scare off legislators from following through on something that seems politically contentious,” she said. “But it’s much easier to make a threat of a legal challenge than to actually launch one.”

Morgan said she is passionate about people having the freedom to represent themselves and making the healthcare system work better for people.

“I have spent a lot of time over the last few years talking with various healthcare workers who have a lot of great insights and ideas and knowledge about how to make the system work better, and I firmly believe we should be listening to them more,” she said.

“They deserve more of a platform and stronger mechanisms to have their voices be heard, because I do believe it will be better for our whole healthcare system.”

Morgan said the committee will hold more public briefings on Bill 26, including with the Northern Territories Federation of Labour and the Public Service Alliance of Canada, which is the UNW’s parent.