The union representing teachers in Nova Scotia is weighing its options to allow its members to recover money lost due to an unconstitutional law that forced them into an employment contract in 2017.
The law passed by the former Liberal government five years ago was overturned on Tuesday by the Supreme Court of Nova Scotia.
Judge John Keith said Bill 75 violated good faith collective bargaining and it was fundamentally bad.
President of the Nova Scotia Teachers Union, Paul Wozneyhowever was warned that it is not easy to undo the government’s actions Stephen McNeil.
Gone are the years when wages and contract terms. We are now working with another government so how can we claim redresshe said in an interview on Wednesday.
In its decision, the provincial Supreme Court noted that the employment contract imposed on teachers did not contain the gains of their union during the negotiations, including about two days of professional leave and the creation of a union- management council. working conditions.
The collective agreement imposed by the government set a wage increase at 3% over four years. It also removed a clause that allows teachers to set aside up to 1% of their annual salary for a lump sum payment at the end of their career.
Lord. Wozney accepts the fact that the court’s decision ended with several clauses of law, including the prohibition on separation. However, he recalled that the judgment did not allow teachers to accept their loss of earnings.
According to the union president, the organization could appeal the Supreme Court’s decision to seek more remedies, or try to negotiate with the Progressive Conservative government to compensate teachers ’losses in the new contract.
We are considering the next steps to be taken to restore this right to teachers damaged by the last contract.mentioned by Mr. Wozney.
This whole legal process can be very expensive and there is no guarantee that we will come out on top. We have invested large amounts for this challenge and we should examine whether there is an appetite for us to push further down the legal path.
A necessary reform
When the prime minister McNeil introduced the bill in 2017, he said he was confident it could handle a legal challenge.
He then called an election for May 30, 2017, and was re -elected with a government majority, but with fewer seats.
According to Mr. Wozneylabor law reform is needed to prevent similar behavior by future prime ministers.
Premier McNeil took the opportunity to make political victoriesestimate of the union president. He held his majority by a narrow margin, and he did so by appealing to voters who believed it was necessary not to give up on unions.
Michael Lynka law professor at Western University in London, Ontario, said governments are unlikely to pass laws that reduce their ability to impose contracts on public sector unions.
However, he pointed out that the Nova Scotia court’s decision helped establish case law that governments could not lower the terms of their final offer.
A spokesman for Nova Scotia’s Department of Finance and Treasury Board said in an email that the province will attempt to resolve the issues highlighted in the court costs decision.
There is currently a four-year collective agreement that we will respect. It will only expire on July 31, 2023written by Gary Andrea.
We believe in the process of collective bargaining and remain committed to open, honest and meaningful collective bargaining when dealing with public sector unions.
The Canadian Press
Source: Radio-Canada
