A labour relations analyst says updating the legislation around union representation for N.W.T. public servants, including nurses, could be a change for the better.

The territorial government is proposing changes to the Public Service Act that would introduce a process for employees to apply for the certification of a new bargaining unit, decertify an existing one, or choose different union representation. A newly-established territorial labour board would oversee any new certification or decertification. 

Current legislation recognizes three bargaining units and two unions which represent public service employees, and it doesn’t allow those workers to switch unions or for new bargaining units to be certified.

Rafael Gomez, a professor of employment relations at the University of Toronto and the director of the university’s Centre for Industrial Relations and Human Resources, says having people who work in different fields all represented by the same union could go against a principle of a “community of interest.”

“People who organize should be bound by some common elements, which could include attributes of the job, location of work, skills required, et cetera. And I think that principle is sort of violated when you create a very heterogeneous union,” said Gomez.

Earlier this month the territorial government released a report on the second phase of its ongoing work to update the Public Service Act, and included public feedback it’s received about some of the proposed changes.

The report cites several comments about a single bargaining unit representing a varied workforce, “particularly for employees with distinct operational realities such as nurses.”

Nurses’ representation is an issue that’s been raised before. MLA Shauna Morgan introduced a private member’s bill last year that sought to allow nurses to have their own bargaining unit when negotiating a collective agreement.

Gomez says it makes sense for some groups of workers to want their own representation.

“And if there’s anything that we value about our union movement in Canada, is that it is independent and democratic,” said Gomez.

‘It’s more about the work we do,’ nurse says

One nurse in Yellowknife told CBC News that she hasn’t felt supported by her union, citing instances of reaching out and not hearing back. CBC has agreed to not name the nurse who fears her job may be affected by speaking out.  

“Not even getting basic information when I’m trying to be more active in my local was really disappointing. So how can they take our concerns seriously if they won’t even respond to an email about when our next meetings are?” she said.

She added that a lack of communication with the Union of Northern Workers makes her feel closed off from having a say in her representation. She said that when bargaining happens there isn’t a clear path for involvement.

She feels a more focused collective agreement might be better for nurses, as opposed to one that covers a diverse group of workers with different needs. The N.W.T. is one of the only jurisdictions in Canada without a separate bargaining unit for nurses.

“It’s more about the work we do and doing it safely and being able to go in and provide the care that you want or you should be able to provide,” she said.

According to Gomez, adding a bit of pressure on a union to gain or keep members is also a healthy sign that the labour movement can meet the needs of a diverse population.

“The union can say, ‘yeah, we’ve got more bargaining leverage.’ But you know what, maybe they [workers] will trade that off, to be more involved, more voice, more democratic input — and I think that’s a legitimate concern,” said Gomez.

MLA Shauna Morgan says it’s also about recruitment of health care workers.

“It has been a real challenge to recruit and retain nurses without the flexibility of being able to design a collective agreement specifically targeted to having the kinds of competitive wages and conditions that might be present in collective agreements elsewhere in the country,” Morgan said.

The review of Morgan’s private member’s bill was paused when the government undertook amendments to the Public Service Act. She says the government’s proposals differ from her bill in areas like expanding on developing a labour relations board, but she believes the amendments would be an important step forward.

“I did hear from many others who are not nurses, who were public servants in other areas, who felt that the current structure is also not working for them, and many people who felt passionately that fundamentally they wanted the right to choose their bargaining representative,” said Morgan.

Morgan said she wants the legislation to move forward before the end of the current assembly. 

“On this issue, certainly I don’t feel that we can let this drag on, and it has to get over the finish line.”