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Reorganization of Saskatchewan's Health Labour Relations

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Reorganization of Saskatchewan's Health Labour Relations Reorganization of Saskatchewan's Health Labour Relations \ Health Labour Relations Reorganization Commission January 15, 1997 Saskatchewan The Health Labour Relations James E. Dorsey, Commissioner Reorganization Commission Allan Barss, Legal Analyst Ted Boyle, Communications Advisor Grace Marbach, Administrative Assistant January 15, 1997 The Honourable Robert W. Mitchell Minister of Labour Room 355 - Legislative Building Regina, Saskatchewan S4S 0B3 Dear Mr. Minister: Enclosed are The Health Labour Relations Reorganization (Commissioner) Regulations and my accompanying report. I thank you for having entrusted this important responsibility and formidable challenge to my competence and judgement. Your government and all its agencies provided every assistance that I requested. The affected unions participated vigorously. The Saskatchewan Federation of Labour and national bodies to which some of the unions are affiliated made every effort on behalf of their affiliates to find an acceptable outcome. The Saskatchewan Association of Health Organizations and its members provided valuable assistance and vigilant representations throughout the process. Many other organizations and individuals took time to make written and personal representations. A small dedicated staff in your Ministry worked tirelessly to help me strive for success. Any failings in the regulated solutions not meeting the current problems or becoming unforeseen problems tomorrow are entirely mine. The regulations substitute 45 appropriate bargaining units for the current 538. They reduce the incidence of health sector collective bargaining from 25 collective agreements to 9 or 10, depending on the outcome of a representation vote in one unit. Individual employee seniority and accumulated service is protected as employees move into or from one bargaining unit to another. The incidents of rivalry, jurisdictional and representational disputes among unions and employees cannot be totally eliminated. However, it will be drastically reduced from the previous experience. The Honourable Robert W. Mitchell Page 2 January 15, 1997 The trade union to be certified as the exclusive bargaining agent is determined for 43 of the units. The Labour Relations Board will supervise representative votes among the employees in the remaining 2 units. The structures for orderly collective bargaining established by the regulations will enable both service delivery integration and, over time, the development of consistency in terms and conditions of employment. Because no existing collective agreement is prematurely terminated, the new structures do not impose any additional costs without agreement in collective bargaining. There are many opinions on what bargaining unit and collective bargaining configuration best matches the seamless, single entry, fully integrated health service envisioned for Saskatchewan. The options and their consequences have presented tough issues and hard choices. In submitting my regulations I have one deep regret. I have been unable to find a solution which maintains each trade union’s current represention without unduly compromising the ability of the health delivery service to meet its full potential or without creating a collective bargaining structure that would not be orderly. There is no joy in an outcome that may exclude any trade union, which through its leaders has worked earnestly to support health service reform and the workers who deliver those services. At the same time, the reorganization in these regulations respects my mandate and will enable the provincial health system to move forward toward its goal of healthier individuals and a healthier population in Saskatchewan. Acknowledgement I came to Saskatchewan as a stranger to the unions and employers who invited and empowered me to make far reaching decisions affecting their existing rights and responsibilities. The help, respect and confidence that they and all others extended throughout the process reflects the best of prairie hospitality. To the union officers and representatives and to the leadership of SAHO and the various health districts and affiliates that I met, I have sincere gratitude for their patience, participation, support and assistance. To the responsible Ministers, I am thankful for their unswerving confidence in me and their resolve to enable me to discharge my responsibilities through periods of calm and conflict. The daily work of the commission was done by only two people at any time. Allan Barss did everything - no matter how complex or how trivial. He did so willingly and in good humour, quick to laugh. He remained calm and efficiently focused to the end despite the rising tension. His loyalty to the task included challenging me and offering constructive criticism. I am greatly indebted to him and his family. Grace Marbach served as a willing, dedicated and diligent administrator under adverse personal circumstances. Her work was ably finished by Sheila Bissonnette. Ted Boyle and Terry Stevens capably responded to all requests for help. Their help was essential to the work of the commission. To each of them and the many others in Saskatchewan Labour who helped the commission fulfill and meet its mandate on time, thank you. Jim Dorsey Prologue This publication is not designed to interpret the legislation. It is not intended to be used in court. Please use the original legislation whenever you wish to interpret or apply the law. For the readers’ information the Regulations found in Appendix N were approved by Cabinet, signed by the Lieutenant Governor-in-Council and filed with the Registrar of Regulations on January 17, 1997. Health Labour Relations Reorganization Commission Table of Contents Introduction ................................................................................................... 1 Wellness: An Integrated Vision For Health.................................................... 4 Regional Structure For Integrated Service......................................................10 Labour Relations Organization Before Regionalization ................................17 Rivalries, Jurisdictional Disputes and Restructuring ....................................34 Commission Constitution, Process and Mandate............................................46 Labour Relations Reorganization....................................................................56 Appendix A Endnotes ..............................................................................................87 Appendix B Request for Commission......................................................................95 Appendix C Health Labour Relations Reorganization A c t......................................106 Appendix D Health District A ct................................................................................110 Appendix E List of Trade Unions and Locals............................................................130 Appendix F Ministerial Appointment........................................................................145 Appendix G Saskatchewan Collective Bargaining Agreements ................................147 Appendix H Summary - Current Bargaining Unit Proposals......................................149 Appendix I Interim Reorganization Proposal............................................................155 Appendix J Information Inventory............................................................................187 Appendix K Information Bulletins............................................................................. 215 Appendix L Saskatchewan Health District M a p ....................................................... 283 Appendix M Employee Representation by Trade Union, Employer and Bargaining U n it........................................................... 285 Appendix N Commissioner and Lieutenant Governor-in-Council Regulations .... 319 Reorganization of Saskatchewan’s Health Labour Relations Health Labour Relations Reorganization Commission Introduction Public health care is the most vital of social programs in Canada. It originated in Saskatchewan and is being vigorously regenerated in Saskatchewan. Freely selected trade union representation and free collective bargaining by independent trade unions is a democratic tenant of social justice in Saskatchewan. These two basic elements of Saskatchewan society vie for prominence in the mandate of this commission. This report and the accompanying regulations seek an appropriate balance between the two within a purposeful reading of the commissioner's authority. The traditional divisions of In some parts of Canada health reform is still being labour among planned. Health reform is a reality in Saskatchewan. health care workers and the Organizational and structural change since 1993 has been traditional dramatic and widespread. Operational change is methods of happening and will continue to happen. The traditional service delivery divisions of labour among health care workers and the are being traditional methods of service delivery are being challenged and challenged and changed. changed. The nature and extent of change differs across the province as each local health district board makes its choices about pace, priorities and direction. The changes have created friction and dislocation. Often they have had detrimental consequences for individual health care workers and their families. New organizations have been created and many others have disappeared to the consternation of some. Change will continue to happen - maybe become
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