Nursing home workers reject Higgs's version of binding arbitration

Nursing home workers have rejected the provincial government's offer from Friday afternoon of binding arbitration with conditions.

Premier Blaine Higgs said earlier that the government had moved off its position of saying no to binding arbitration but would only go that route under certain conditions. 

"We have proposed that the wages of similar jobs in the N.B. public sector and N.B. private sector be the factors considered in this binding arbitration," the Progressive Conservative premier said in a statement.

The New Brunswick Council of Nursing Home Unions, represented by CUPE, said later that it made a counter offer of binding arbitration without those conditions. 

"Higgs thinks he can tie the hands of the arbitrator, so he or she cannot grant increases of more than 1% per year," Sharon Teare, president of the council, said in a statement released by CUPE on Friday evening. 

The union said it asked for binding arbitration on the issue of wages because it believes significant wage improvements are necessary to address a crisis in recruitment and retention of employees. 

"With his declaration, it's clear Premier Higgs wants an illusion of binding arbitration. Government fears an impartial arbitrator — one who hears the arguments of everyone and then decides alone — will also see the ongoing crisis for workers and residents," Teare said.

Opposition parties can't stick together

The disagreement over binding arbitration came after talks resumed Friday morning between nursing home workers and the government after breaking down earlier this week.

On Thursday, an attempt made by the Liberals in the legislature to bring the labour dispute to binding arbitration fell flat after time ran out before the motion could go to a vote.

The motion would not have forced the Progressive Conservative government to do anything, but would have shown all three opposition parties were united in their call for binding arbitration.

A sub-amendment to the motion made by People's Alliance Leader Kris Austin, however, caused controversy and the union, Liberals and Greens accused the party of flip-flopping to help the government.

Different amendments

The Green Party had amended the Liberal's motion urging government to fully fund whatever agreement came out of binding arbitration, to which the People's Alliance added "under terms and conditions acceptable to all negotiating parties, and the province." 

Liberal house leader Guy Arseneault said Friday that the sub-amendment would gut binding arbitration by including conditions.

"So the premier may say, well, we don't want to discuss this in binding arbitration, maybe wages, so you can't discuss it."

Teare said conditions go against the spirit of binding arbitration.

"They wouldn't be agreed-to conditions. They would be Mr. Higgs's conditions. And that's not fair."

Teare said binding arbitration with conditions is not binding arbitration.

She said the talks Friday did not result in much movement.

The premier predicted earlier in the day he expected a deal would be reached before May, when the legislature resumes and the Liberal motion calling for binding arbitration is back on the table.

"Oh, we'll get an agreement," he said. "I am confident that we'll get an agreement. I'm anxious to get it done because it's been going on for too long."

In the interim, the union is waiting for the Court of Appeals to hear a matter April 17 that could determine if the workers can go on strike.

The court will hear a case about whether a lower court judge wrongly denied the province's request for an order effectively preventing the workers at 46 nursing homes from striking.