Legislation of Essential Service | INFJ Forum

Legislation of Essential Service

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Jan 8, 2014
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Where I'm from, we're currently having a potential nursing strict. However, this evening the government issues a legislation against essential services striking.

This is on the local union page:

We are very disappointed to report that your employer has refused to negotiate on the key issues of patient safety, scheduling and sick call replacement, despite the fact we tabled a significantly altered proposal regarding safe staffing levels.

Now, the Liberal government has introduced essential services legislation, which effectively takes away the right to strike for ALL health care and community services workers in the province.

Nurses spoke up on patient safety, and this government is determined to silence them.

This is an attack, not just on nurses, but on all health and community services workers from all unions throughout Nova Scotia. We are outraged, and calling on all members to help us fight this legislation.

This government is not going to allow you to exercise your right to engage in a legal strike. So, we are calling on nurses to meet us tomorrow - Tuesday, April 1st - at shift change, at 7 a.m.

Please call your unit contact to see if you are designated to work under the emergency services plan. If not, or if you are not scheduled to work at all tomorrow, please join us!

http://nsgeu.ca/local-97-cdha-nurses-essential-services-legislation-introduced/

I see both sides of the issue, what do you guys think- do essential services have the right to strike?
 
If they have the right to quit then they also have the right to strike. Taking away one is in a logical sense taking away the other.

What they're saying is that they will not negotiate to end a strike.

What can they do? Come in with guns and force people to work? Is that going to make anything better?

Yeah the government is trying to silence them. Fuck the government though. If it's the right thing then strike anyway whether they say you can or not! To hell with them!
 
Spent most of my career in civil service and we had no-strike contract language. However if the union's International HQ authorized it we would have struck anyway. There was always a chance that we would be "Reaganized" like the air traffic controllers but there you go. :)
 
Spent most of my career in civil service and we had no-strike contract language. However if the union's International HQ authorized it we would have struck anyway. There was always a chance that we would be "Reaganized" like the air traffic controllers but there you go. :)

Yeah. If you've got nothing to back up negotiation then the company owns you. Something needs to keep them in check.

The clients/customers cannot really do it. Capitalist proponents often claim that if somebody doesn't like a particular business then they don't have to use it, but this is NOT the case at all. Just look at Google. They used to be an awesome company but now they're becoming more inept by the day and many of their users despise Google now. Many people would ditch Google like rats off a sinking ship, but Google is so big that there's hardly anywhere to ditch to. Google has become such a household name that people just don't know what to do without them, but if the company were in the same state it is in now earlier in it's life before it became so integrated with everything that users do, it would have failed. People would have ditched it back then and it would have died. But now they fuck off and do what they want because they're wedged in to everything.
 
I find the general public here doesn't see that it's an employee's right to strike- they focus on the current state of care. But they forget that there's strike contingencies involved, and care won't shut down- it'll just be adjusted.

They also don't see that if they begin to limit the right to strike for one group of workers, they can slowly limit the right to strike for all!
 
Glad to see the union leadership are doing their jobs. I would, however, certainly like to know more about the events leading up to this. Specifically why the state government would totally refuse a discussion instead of entertaining it and then just turning down any proposal sent their way.
 
Glad to see the union leadership are doing their jobs. I would, however, certainly like to know more about the events leading up to this. Specifically why the state government would totally refuse a discussion instead of entertaining it and then just turning down any proposal sent their way.

Some times they just want to show who is ultimately the boss. Like the air traffic controllers [MENTION=6697]apemon[/MENTION] mentioned. In the 80s there were about 11,000 air traffic controllers that went on strike. Reagan told them to go back to their jobs or else. They refused, and Reagan fired ALL of them and banned them from federal service for life. This left most of them ruined. Some are still ruined even though Clinton reinstated them in the 90s. Most never got their original jobs back.
 
Some times they just want to show who is ultimately the boss. Like the air traffic controllers [MENTION=6697]apemon[/MENTION] mentioned. In the 80s there were about 11,000 air traffic controllers that went on strike. Reagan told them to go back to their jobs or else. They refused, and Reagan fired ALL of them and banned them from federal service for life. This left most of them ruined. Some are still ruined even though Clinton reinstated them in the 90s. Most never got their original jobs back.

So you think Nova Scotia is interested in ending the comfortable, almost-middle-class, right-to-live Canadian way of life in the way that Reagan did the same for Americans?
 
So you think Nova Scotia is interested in ending the comfortable, almost-middle-class, right-to-live Canadian way of life in the way that Reagan did the same for Americans?

Not necessarily. I just think that some times bosses want to be bosses out of principle. Hanlon's razor.
 
Glad to see the union leadership are doing their jobs. I would, however, certainly like to know more about the events leading up to this. Specifically why the state government would totally refuse a discussion instead of entertaining it and then just turning down any proposal sent their way.

The union leader for NSGEU is fantastic. She is literally 'one of the people'.

Here's an article that might help explain the climate of what's happening. The nurses contract was up 2 years ago, and they're just now at the negotiating table to finalize it. Essentially this is contract talk that has been in mediation for the last week- and there's no budging. The nurses are calling to the issue that the patient:nurse ratio is harmful - and there are nurses working 48 hour straight shifts because of shortage. They essentially want more nurses hired. The provincial government is saying that it won't do any good, nor do they have the money for it. The unfortunate thing is, Capital Health, our major care provider/hospital, IS the government.

http://stephenkimber.com/2014/03/if-contract-talks-arent-the-right-place-to-discuss-larger-issues-what-is-stephen-mcneil


http://www.cbc.ca/news/canada/nova-scotia/halifax-nurses-walk-off-job-in-illegal-strike-1.2593734

Halifax nurses walk off job in illegal strike
Walkout defies law as MLAs debate proposed new essential services legislation

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Halifax nurses on an illegal strike spoke out today against a proposed essential services law at the Nova Scotia legislature.

The nurses started the illegal walkout around 7 a.m., the head of the Nova Scotia Government and General Employees Union said. The nurses are speaking out in a bid to delay the bill from becoming a law.

The nurses would be in a legal position to strike on Thursday, but walked out early Tuesday as the provincial government debated legislation that would curtail their ability to strike.

If the government proposal becomes law, nurses and other health workers would first have to agree with management which positions were essential services and staff those positions before starting any strike action.

Joan Jessome said she did not know how many nurses have walked out. Nurses at Halifax's Capital District Health Authority are embroiled in a dispute with their employers about several issues, including nurses-to-patients ratios.

"As far as I know, workers still have the right to gather, the right to demonstrate and the right to fight back against any legislation that takes away their right," the NSGEU president said at about 7 a.m. Tuesday.

"We're going to continue on that path, and nurses are arriving. We're going to have that conversation with them this morning. There was no interest from the employer to bargain, and there was nothing that was going to hold them accountable, because they had the legislation committed to them in the back pocket."

Jessome said there will be emergency services in place during the job action.

"There definitely, absolutely, will be an impact to patient care. But there's been an impact to patient care now for years," she said. "That's what the nurses have been talking about, and nobody was listening."

Nova Scotia MLAs were still debating the McNeil government's essential service legislation early today. A vote on whether to delay the bill was defeated before 8 a.m.

The MLAs had been debating since midnight after a brief break. The debate is being livestreamed.

'Nobody there to care for the patients'

Chris Power, chief executive of the Capital District Health Authority, said nurses have called in sick or just not shown up for their Tuesday shifts. Entire units, including the unit that works with people who have addictions, have called in sick.

"We have nobody there to care for the patients, with the exception of management, so we're looking to see how we can move those patients to other places in the province," she said. "There's been a significant impact to our patient care this morning."

Power said many nurses had turned up for work. "We're very disappointed that Local 97 is advocating this illegal activity," she said.

Power said Capital Health will contact patients to cancel any procedures that won't go ahead during the strike. In many cases, it depends on if the nurses turn up for work. The hospital has 120 surgeries scheduled for Tuesday.

More than 2,300 registered nurses will be in a legal strike position on Thursday. It applies only to nurses represented by the NSGEU. That includes nurses at:

The Queen Elizabeth II Health Sciences Centre (the city's main hospital).
The Nova Scotia Hospital.
The East Coast Forensic Hospital.
Public Health Services.
Nurses at the IWK Health Centre, the Cobequid Community Health Centre and the Dartmouth General Hospital are not involved.

The NSGEU's Twitter feed said early Tuesday that "we are out illegally at 7 a.m. unless you are a nurse who has been designated as an emergency services for your unit."

It added that members will meet at the Marriott Hotel in Halifax at 7 a.m. and then head to the legislature.

The NDP opposes the legislation. "Stephen McNeil has botched negotiations with the nurses since the beginning," said party leader Maureen MacDonald. "This misguided legislation will make what was already a difficult situation much worse."

Premier Stephen McNeil said the legislation protects the right to strike, but in a limited fashion.

"We're just doing what we think is right by patients and striking the balance for ensuring that we protect the workers' right to strike if they wish, but also ensuring that there are services in this province that are essential to Nova Scotians," he said Monday.

The legislation could pass later this week or early next week.

The back-to-work legislation also applies to other health care unions including those who work in seniors homes, paramedics, 911 operators and those working in community services. It doesn't take away the right to strike, but it severely limits the number of people who can walk off the job.
 
I dont believe the right to strike should be restricted at all.

I actually believe that managerialism should be restricted, until such times that we can have a democratic revolution and roll it back altogether.
 
The powers that be are now trying to make protest of any sort illegal; this is already beginning to happen in various 'western' countries in various forms

We are free to do as they tell us