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Premier's Speeches

Premier Rodney MacDonald's column
Amending Labour Legislation the Right Thing to Do
Chronicle Herald
October 29, 2007

On October 18th, my government unveiled the fairest and labour legislation in the country. Our proposed legislation preserves the collective bargaining process while protecting the health, safety and well-being of the public.

Nova Scotians deserve to know that when they go into a hospital, or when they're in a long-term care facility, when they're waiting for a paramedic, that their safety is not going to be put in jeopardy by a strike or the threat of a strike.

We also believe strongly in workers' rights.

That's why we have drafted legislation that preserves free, fair and impartial collective bargaining—independent of government.

Workers will still get to vote on contracts arrived at through the collective bargaining process. This has not changed.

It is only when the parties reach an impasse that they move to a binding mediation or binding arbitration process to resolve outstanding issues.

Binding mediation is the less formal of the two processes. You will recall this form of dispute resolution from the recent IWK strike. A mediator facilitates discussions between the union and employer without a formal hearing. The mediator's decision is binding on the parties.

The other option, binding arbitration, allows the parties to present evidence and arguments to support their position in front of a decision maker who then renders a decision that is binding on the parties. Both the union and the employer have the opportunity to present evidence and witnesses to support their positions on the issues in dispute.

These dispute resolution options will help the parties reach a conclusion without having to resort to a work stoppage.

I believe this approach gives the parties maximum flexibility and control over the process.

It is fair and impartial because Mediators and Arbitrators are independent neutral third parties. They are selected by the parties to help reach a settlement. And they are paid by the parties themselves—not the government.

The legislation will affect employers and employees who work in the health-care and community services sectors. This includes acute care, long-term care, home support and home care, and continuing care. It will also affect ambulance services. There are some 240 collective agreements in place in these sectors. They cover approximately 32,000 employees, who are represented by various unions.

Keep in mind, there are other essential service workers, such as firefighters, police, highway workers, civil servants and corrections officers, who currently all have similar legislation.

We have consulted with Nova Scotians and we have done our research. We have drafted legislation that incorporates the best dispute resolution practices from across Canada.

We drafted this legislation because we believe it's the right thing to do.

We believe in—and respect—the rights of workers. That's why our proposed legislation is fair and it is balanced.

We also believe that any disruption in our health care system puts patient safety and indeed the system, at risk.

I encourage you to examine the proposed legislation. Provide us with your input. The legislation is available at www.gov.ns.ca.


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