This week the focus was to continue to lobby the MLAs of the Public Accounts Committee on GN's excessive use of contract and casual employment. The employer's current practices limit our members ability to advance in their careers. We maintain that if these practices were curtailed there would be a lot more money in the hands of our members and their communities.

So far we have held meetings with Monica Ell (Baffin Central); Ron Elliott (Grise Fiord, Resolute and Arctic Bay); Lorne Kusugak (Rankin South/Whale Cove); Eva Aariak (Premier, Iqaluit East) and Tagak Curley (Rankin North). Stay tuned for next week's report as we will give details of our meetings with these MLAs, including any commitments they may have made to address our concerns.

If your MLA isn't listed you should asked yourself (and them) why not and let us know if you want to be part of the team that goes to visit them!

The Essential Services Agreement for GN has yet to be negotiated. Since our last report we have held two meetings with the employer on this issue and while progress is being made, there is a lot more to agree to before a final settlement is reached. At our last meeting with the employer we asked for additional information as to the various levels of students that the Student Support Assistants We have asked for further information as to the various levels of support that the Student School Assistants give students, so that we can determine which, if any, should be deemed essential in the event of strike action. We have also asked the employer for a full list of all of their employees with the employees' names; position; position number; title; etc. We require this information in order to ensure that no contract employees are working in the event of a strike. Finally, we have reiterated with the employer that our position is that the ESA list should not contain more positions than those that were on the signed Essential Services Agreement of 2007.

We cannot go out on strike until this agreement has been finalized. The Essential Services Agreement is defined and governed by the Nunavut Public Service Act, section 41, as follows:

Essential Services Agreement

Definitions

41.02.

(1) In this section, "emergency situation" means an emergency as reasonably determined by the Minister; (situation d'urgence) "essential services" means services that are necessary to ensure a continuation of minimal service
 

(a) to protect the health and safety of the public,
(b) to prevent destruction or serious deterioration of machinery,
equipment or premises, or
(c) to prevent disruption of the administration of the courts,

and includes services provided by the most senior employee at each power plant who has
responsibility for the on-site operation of the plant.

The parties (GN and NEU) must agree to what positions are "essential services" and if they cannot agree then the positions that are in dispute must go before an arbitrator:

Resolution of differences
 

(3) Where the parties have been unable to reach agreement under subsection (2)

within 20 days after notice to bargain collectively has been given or within such further

time as the parties may agree, a party may give notice to the other party, in writing,

(a) setting out the issues referred to in subsection (2) that have not been

agreed on;

(b) stating that it wishes that the differences be submitted to an

arbitrator; and

(c) submitting a list of names of persons who are acceptable to it to

arbitrate the differences.

Appointment of arbitrator

(4) Where the parties agree on a person to act as arbitrator, the parties shall

forthwith appoint that person as arbitrator.

Appointment by Court

(5) Where the parties are unable to agree on a person to act as arbitrator within the

time period referred to in subsection (3), the Nunavut Court of Justice shall, forthwith on

the application of either party, appoint an arbitrator.

The process can be long and cumbersome, especially if the Employer (in this case GN) begins to add additional positions that it wishes to have deemed essential at the "ninth hour" of negotiations.

It is hoped that these "differences" can worked out in the next few weeks. Should that fail the matter will be referred to arbitration which means that the bargaining process will be delayed even further.

Check the website regularly for updates on the negotiations on the essential service agreement with GN.