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Update on Mediation, Iqaluit, May 1 - 4, 2008

May 4, 2008: NEU and GN have reached a Tentative Agreement.

By yesterday evening, the negotiating teams for the Union and the Government of Nunavut had come to agreement on all of the remaining disputed items that have plagued the lengthy collective bargaining process for the past 18 months. The signing of a Memorandum of Settlement between the NEU and the GN marks the possible end to this period of uncertainty and an opportunity for the workers and the employer to re-build relationships with greater clarity for the future.

Mediation is a process of compromise and Mr. Taylor was firm but fair as he pushed both parties through the difficult task of finding common ground during the 3 days of mediation. The result is an agreement where both negotiating teams moved a long way from their starting positions to reach the goal of achieving a workable, acceptable Collective Agreement for GN employees.

Here are the highlights of the Memorandum of Settlement:

· Term of the Collective Agreement: October 1, 2006 to September 30, 2010.
· Salary and Benefits: A total of 17.5% increase over 4 years. Compounded this yields an hourly rate movement of 19% over the life of the agreement. To be eligible for retroactive salary, individuals will have to be current GN employees on the date of signing of the new Collective Agreement.
· Nunavut Northern Allowance: increased by a minimum of 5% per year in all communities and a commitment to re-negotiate the formula during the life of this agreement. To be eligible retroactive NNA, individuals will have to be current GN employees on the date of signing of the new Collective Agreement.
· A new Continuous Service Bonus for all employees (except Nurses - see below).
· Nurse Recruitment and Retention: The government proposal from December 2007 (see December negotiation session update) has been improved to include nurses who previously received temporary market supplement and/or signing bonuses.
· Casual Employees: The Government withdrew their proposal to re-define the work of casual and term employees. Housing Allowance: To achieve a settlement, the Union withdrew their proposal to entrench a Housing Allowance within the Collective Agreement.
· Operational Issue - Correctional and Youth Officers: The government withdrew their proposal to change the Group 2 appendix and a commitment was made to review the issues within one year of ratification.
· Operational Issue - School Year Employees: The Union and employer have agreed to review the working conditions of school year employees within one year of ratification. Other issues resolved included favourable amendments to leave provisions, trainer's allowance and stand-by pay.

To read the entire Memorandum of Settlement, click here.
What's Next?

Of course, the final decision belongs to the union-member GN Employees and the Employer who must give their formal approval by ratifying the proposed agreement.

The Government of Nunavut has committed to making their decision by May 12 and the Union has begun planning to seek the Members ratification as soon as possible. If the proposal is ratified, it will mean a renewed Collective Agreement and the avoidance of a potentially de-stabilizing strike.

For the NEU, the ratification is a much larger task. We have to reach nearly 2000 GN NEU Members across the territory. To accomplish this, the union has already begun to put together ratification kits for the members while we plan how to organize meetings in every community for members to discuss the proposed agreement and make their ratification decision.

The Ratification Kit:

The Memorandum of Settlement only speaks to the disputed items that led to the breakdown in negotiations on January 24. A great many issues had already been resolved during the course of the six negotiating sessions.

To present the membership with a clear picture of the proposed agreement, the Union is preparing a complete listing of all of the changes that have been agreed to throughout the past 18 months of negotiations including those described in the Memorandum of Settlement. This document must be translated, hard copies printed then combined with a ballot and a covering letter to complete the ratification kit.

The ratification kit will then be distributed to all union-member GN employees using the Union's network.

Although ratification requires physical (hard copy) of the ratification documents, we'll post the documents on the website as soon as they are ready so that Members will be able to review them in advance.

Thank you to NEU Membership...
A Union belongs to its members and throughout this long and challenging negotiation, the NEU has relied on the direction and support of the membership. Thank you.

As we approach the next milestone of ratification, we urge you to review the material and background information on this site (particularly on the GN Bargaining Unit page) and check back regularly for updates.

The members of the NEU negotiating team for mediation were: Mary Ellen MacLean (Kitikmeot), Abe Qammaniq (Baffin North), John Vander Velde (Baffin South), Lori Morina (Kivalliq), Mike McNamara (PSAC Negotiator) and Doug Workman (President, NEU).

What is Mediation?

Mediation is a process wherein a neutral person - the mediator - works with two parties to help them resolve their differences and reach an agreement. The mediator helps each party to recognize their critical needs and common issues. He will facilitate the search for possible compromises that will meet the needs of both parties, serve everyone's interests and allow the parties to reach an honourable settlement. ?

Although the mediator acts as a guide and facilitator, he does not make the decisions. In mediation, ownership of the solutions remains with the parties involved which can foster the development of mutually respectful relationships in the future.

If the mediator is not able to bring the parties to an agreement during a mediation, he will make recommendations (which are not binding) about ways the parties could reach an agreement in his report.

One of the hallmarks of mediation is that the process is strictly confidential. Communications between the mediator and each of the parties are private and confidential. Confidentiality is central to the success and integrity of the mediation process as it enables the parties to communicate openly and honestly as they move towards a settlement.

Honouring the Spirit of Mediation and the Trust of NEU Members:
Unionized employees of the Government of Nunavut recently confirmed their support for the NEUs struggle to reach a fair and equitable collective agreement with the Employer.

At the end of March, unionized employees of the Government of Nunavut made their voices heard with a resounding 90% "Yes" vote in favour of giving a strike mandate to the NEU. The strong result confirmed the memberships' dissatisfaction with the employer's proposals and their determination to achieve a fair and equitable collective agreement with the GN.

The Union is deeply aware of our responsibility to honour the trust being shown by the membership through this "Yes" vote. It was our duty to exhaust all possible efforts to reach an agreement with the GN before taking steps to implement a strike mandate.

This mediation process was one such effort. As such, the NEU team was committed to respecting all of the principles and protocols of mediation to create the best possible environment for success. The mediator advised that confidentiality and privacy are critical issues during mediation and our research about mediation supported those assertions. Out of respect for this process, the NEU did not be post daily updates about specific issues on our website.

Update - March & April, 2008
NEU Strike Mandate: The NEU believes that, to ensure success at mediation, it is important to demonstrate the memberships' determination to achieve a fair and equitable collective agreement. Therefore, the Union, working with PSAC, organized a Strike Mandate Vote tour of Nunavut between March 3rd and 30th. The results of the vote were decisive: GN workers voted 90% said "Yes" to giving a strike mandate to the NEU. Without question, this was a difficult decision for many to make. By voting "Yes" to a strike mandate, the membership has strengthened the Union's efforts to achieve a reasonable collective agreement with the GN. Thank you.

For more information, click here.

Update- February, 2008


Mediation Application: On January 25, 2008, the Union negotiating Team reached an impasse with the Government of Nunavut's negotiating team when the Employer's negotiator announced that he was not authorized to go any further.

In another effort to reach an agreement with the Employer, the NEU filed for mediation pursuant to Section 41.1 (1) of the Nunavut Public Service Act on January 28. This application included a list of outstanding issues, the most recent Union proposals and a list of acceptable mediators.

I have placed the Employer's last offer and the Union's last offer on the website for the Union membership's review.

To view the union's last offer, click here.

To view the employer's last offer, click here.

January Negotiation Session:

Negotiations for a new Collective Agreement between the Nunavut Employees Union (NEU) and the Government of Nunavut reached an impasse. The Union will now apply for mediation.

Major differences that forced the breakdown include the employer's positions on the Northern Allowance, retroactivity on salary and benefits, recruitment and retention incentives, as well as operational issues for the Correctional, Health Care and School Year Workers.

After six sessions and almost 18 months since the last agreement expired, the employer still refuses to recognize that its positions at the table and Government policies that have increased housing costs are driving people out of the north. Moreover, proposals that would further penalize those who leave by refusing to pay them retroactively for their work sends a poor message to those who are struggling to stay.

The Nunavut Northern Allowance is not working. The employer proposes to freeze rates for eight communities for four more years -- and this where there has been no change since April of 2005. Fundamental changes are needed here.

Highlights:

The NEU changed its tabled position for salary increases. Click here to view our new proposed salary increases. Nunavut Northern Allowance:The Union proposes that the parties enter into an agreement whereby the Nunavut Northern Allowance program is reviewed and renegotiated during the life of the collective agreement. The negotiations will review the factors and their criteria which are currently used to establish amounts of Nunavut Northern Allowance. Click here to view the proposed GN formula rates. Click here to view the employer's package.

Click here to view items that were agreed to.

December Negotiation Session: The week of December 3 - 7, 2007 marked the fifth round of negotiations between the Nunavut Employees Union and the Government of Nunavut. Late in the negotiations, the Employer presented their long awaited initial proposal for settlement, including the monetary package for all unionized GN Employees.

It is the NEU's position that the GN proposal as it stands is NOT acceptable. Please review the entire GN proposal by clicking on the links below:

Main Document: GN Initial Proposal for Settlement 07-12-2007

Attachment #1 (Compassionate Care Leave)

Attachment #2 (Group 2)

Attachment #3 (Group 3)

Attachment #4 (Group 5)

Attachment #5 (MOU Nurses)

(Note: the main document, "GN Initial Proposal for Settlement' is suggested reading for all GN Employees; the remaining documents are appendices referred to in the main document and apply to specific issues or employee Groups).

The December negotiations ended with the Union rejecting the Employer's initial proposal and tabling an NEU counter-proposal. Please review theUnion's updated proposals by clicking on the link below:

December 7, 2007 - Updated NEU Proposals

Highlights from the NEU response:

1. Salary: The current GN proposal does not adequately reflect the increases in Consumer Price Indexes being experienced by employees over the past three years.
2. Nunavut Northern Allowance: The Union believes that the NNA proposed by the Employer is neither sufficient nor based on a logical formula. The NNA should be calculated based on an indexed formula that is transparent and empirical. The Government of Canada presently employs such a formula to calculate their Isolated Post Allowance. The NEU wants the GN to adopt a similar formula and, in so doing, adjust NNA amounts to realistic levels based on the cost of living in Nunavut communities.
3. Continuous Service Bonus: While the Union is pleased that the GN has finally shown a willingness to acknowledge the value of employees' commitments to stay in the public service over time, the proposed CSP is not sufficient. The Union's response presents a more appropriate model for awarding CSP to dedicated employees.
4. Housing: Nothing has been put forward by the Employer to address the serious issues associated with the cost of housing for GN employees. Further, they continue to cut back on rent subsidies as per the GN Staff Housing Policy. The NEU is proposing a flat Housing Allowance of $1000/month for all employees. The recruitment and retention of nurses is an issue of increasing urgency inNunavut. The Union was relieved that the GN finally presented their proposals regarding Group 5 generally and recruitment and retention specifically at the collective bargaining table. The rules of collective bargaining are clear: no side deals. With the Employer's proposals now properly in hand, the NEU will solicit direct feedback from NEU nurses and healthcare workers to define a specific Union counter-proposal on these important matters.

The members of the NEU negotiating team for the December round of negotiations were: Mary Ellen MacLean (Kitikmeot), Abe Qammaniq (Baffin North), John Vander Velde (Baffin South), Mike Illnik (Kivalliq), Mike McNamara (PSAC Negotiator) and Doug Workman (President, NEU).

October Negotiation Session:

The NEU met with the Government of Nunavut from October 2 - 5 for the fourth round of negotiations to renew the Collective Agreement which expired in September 2006. The members of the NEU negotiating team for this round were: Mary Ellen McLean (Kitikmeot), Lori Morina (Kivalliq), Wes Smith (Baffin South), Lesleigh Grice (Baffin North), Mike McNamara (PSAC Negotiator), Doug Workman and Brian Boutilier.

The negotiations yielded mixed outcomes. Progress was made on several issues including:

· Clarification by the GN of proposed changes to language in the agreement that may affect some Group 3 Nunavut Arctic College (NAC) employees. The union team will bring this information to representative NAC members to confirm its acceptability (or not).
· Based on a presentation from representatives for Correctional workers (Group 2), the union was able to table revisions to their proposal with the employer.
· In an effort to stimulate discussion with the GN on the issue of Nunavut Northern Allowance, the union team tabled a proposal for the employer to recognize the federal government's Isolated Post Allowance (their equivalent to Northern Allowance). The union's position is that the IPA more suitably reflects the high cost of living and raising a family in Nunavut. Additionally, the union is proposing the re-introduction of 2 VTAs per year for employees and dependents. Click here to see the federal IPA rates for Nunavut communities.
· During the week, representatives from Local 3 met with the union negotiating team in caucus. The union team was able to seek clarification from these representatives about nurses issues as they pertain to the parts of the Collective Agreement which deal with working conditions for Healthcare workers. The Local 3 representatives will have an opportunity to formalize their input regarding important elements and concerns about both the union and the GN proposals before the next round of negotiations begin in December. The current NEU proposal is a consolidation of 123 bargaining proposals solicited from all GN Locals in Nunavut. Nurses across the territory were active participants in that process. The NEU was disappointed that:

· The GN said 'No' to the union's proposed 'whistle blower' proposal. The 'whistle blower' protection wording was meant to protect the employment status of an employee reporting wrongdoing by a supervisor. It was intended by the NEU to be built into the Collective Agreement in addition to any potential language that the GN may or may not include in a revised Public Service Act. Click here to see the 'whistle blower' protection wording that was rejected.
· The GN said 'No' to the union's proposals regarding school year employees (Group 6).
· The GN brought forth no new proposals or responses during this negotiation session.
· There are still no indications of the GN's intentions with respect to the timing or content of a proposed monetary package.

August Negotiation Session:

The third round of negotiations with the Government of Nunavut concluded on August 25. Highlights included:

· GN withdrawal of their proposal for Mandatory Leave without pay days.
· Both parties agreed to new language on probation which would only apply to employees who were initially hired and for subsequent promotions.
· Nunavut Day was added as a designated paid holiday.
· Other Leave was expanded to include: Fire Fighting, Canadian Rangers and Search & Rescue training and missions.
· A new article was developed to allow remunerations such as travel claims and travel advances to be directly deposited to employees' bank accounts.
· The definition of immediate family was expanded for the purposes of qualifying for Special Leave.
· Language in the agreement relating to call back pay while on stand by was clarified.
· Language in the agreement relating to acting pay for excluded or senior management positions was clarified.

April Negotiation Session:

The Nunavut Employees Union met from April 9 - 13 with the Government of Nunavut (GN) for the second round of meetings to update the Collective Agreement, which expired last September.

The members of the union's negotiating team are Mary Ellen Mclean (Taloyoak), Lori Morina ( Baker Lake), Abe Qamaniq (Hall Beach), John Vander Velde (Iqaluit), Mike McNamara - negotiator (PSAC), Doug Workman and John Bainbridge. The GN was represented by Tom Thompson - negotiator (HR), Doug Garson (DoJ), Jan Riddell (HR), Roxanne Stuckless (HSS), Doug Strader (DoJ), and Dianne Moebis (Finance).

GN presented its response to the proposal tabled by the union in December. Of the union's 69 proposals GN said 'No' or "leave things as they are" to 47. GN agreed to discuss, or offered a counter-proposal in response to the remainder. The union has not yet responded to the proposal tabled by GN in December.

Some of the key areas reviewed during the discussions included casual employees, northern allowance, lieu time, and contracting out, particularly as that affects nurses. There was no discussion of monetary issues.

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