Canadian Labor Laws
and
the Labor Union Strike in Nursing
Labor laws prevent the full withdrawal of services
during a labor union strike in the
Canadian health care system.
These laws have many variations in each province and are sometimes called essential services legislation.
Federal and provincial laws in Canada guarantee workers the right to withdraw their
services and implement a labor union strike. The most common reason for strike would be if
negotiations towards the settlement of a new collective
agreement are not progressing.
However, another reason might be if the union thinks that
management practices are unlawful or unfair and all attempts to resolve conflict issues have been
unsuccessful. This is
an uncommon reason for a union strike.
Difficulties arise in the
Canadian health care system if workers have full rights to withdraw services during a labor union strike.
Since the government of Canada must
safeguard access to the health care system for its citizens, it stands to reason that a full
withdrawal of service during a union strike would not be in the best interest of the public. The way that this is handled is through
provincial labor laws. These laws may put limits and conditions on a labor union strike in health care and/or impose certain processes for
labor arbitration if collective bargaining is not successful. Many provinces have essential services legislation in place to cover such contingencies.
What is Essential Services Legislation?
Not all provinces have essential services legislation. In Ontario for example there is a
labor law called
Hospital Labour Disputes Arbitration Act. On their website the
Ontario Nurses Association states:
"Hospital nurses in Ontario do not have the right to strike as they are covered under the Hospital Labour Disputes Arbitration Act. Bargaining disputes are settled through the conciliation, mediation and arbitration process; arbitrations are final and binding. Public health nurses do have the right to strike."
Even thought the law guarantees the right of workers to go on strike the government has certain obligations to
protect the public interest.
In order to prevent a full scale withdrawal of service during a labor union strike the government
passes a law called Essential Services.
Under this law certain services are designated as essential to the health and well being of the Canadian public.
This designation prevents a full withdrawal of service during a union strike.
Here is how it works
Health care becomes designated under provincial law as an essential service.
All agencies are then required to have an essential services plan in place.
This plan outlines the minimum number of personnel from the union that must be on site to provide a continuation of service
during a strike. These numbers must be determined by the union and management jointly and written in an
official Essential Service Plan for the facility.
Essential Services in Action During a Union Strike
The nursing union and employers are negotiating to create a new collective agreement. Negotiations do
not go well.
The union notifies the employer (or an employers' association) that they are going to take strike action.
This is done under existing labor laws that require
a specific amount of strike notice be served (usually 72 hours) and is called strike notice.
Once the strike is in force only those members specified under the agreed essential services plan go to work. All other
union members walk the picket line.
It is obvious that service levels are reduced during a labor union strike under essential services legislation.
The essential services labor laws do not infringe on the right of the workers to go on strike, but at the same time
the provision of services is not completely suspended.
Go from this article on Essential Services
labor laws to a short history of labor unions in Canada
Go back to the article on the
labor union and the nursing profession
Go to a
list of Labor Unions that represent registered nursing in Canada
Go back to the page on the Canadian Government
