Full text of Debbie Forward memo to NLNU members

Following is the full text of a memo that has been sent to all members of the Newfoundland and Labrador Nurses' Union, and obtained by CBC News:

As per membership direction, the board of directors has decided to proceed with a strike vote beginning on Feb. 9, 2009. This decision is driven by the membership and has not been made lightly.

Four statistically accurate member surveys have repeatedly shown the majority of our members will not accept government's template. In fact, our most recent survey conducted last week has shown a decline in member willingness to accept the pattern. Specifically, we asked the following question:

The total pattern set by government includes a four-year contract with an 8-4-4 and four per cent wage increase, the extended earnings loss provision, the market adjustment provision, and no other significant contract improvements or recruitment and retention incentives. Would you vote to accept this agreement?

The results showed that only 21 per cent of members are willing to accept this offer, a decline of about 10 per cent from previous surveys. The survey showed that 72 per cent of NLNU members were not willing to accept the template and seven per cent are unsure. The survey sample size of 661 makes it accurate within +/-3.55 per cent. The message from members is clear. Three-quarters of our membership are not willing to accept government's template. If we were to put the template out for a vote, it would be rejected.

In light of this, we believe our only means of addressing the real recruitment and retention issues is taking a strike vote and achieving a strong strike mandate. Our membership research shows that we will get that strike mandate. Our most recent survey shows that a solid majority of NLNU members are willing support a strike vote in an effort to change government's position.

I assure you, we would not go down this road if the membership had not directed us to do so. We would not go down this road if we did not believe we would get a strong strike mandate. Throughout this round of negotiations we have, and we will continue to, follow membership direction. We will begin our strike vote in St. John's on Feb. 9, 2009. A full strike vote schedule will be posted on my NLNU within the coming days and notices will be posted in your workplaces. I cannot emphasize enough the importance of getting members out to strike vote meetings and casting their votes during this critical juncture in our negotiations.

Now, I know many of you are enraged at Minister Kennedy's comments that government will legislate nurses back to work in the event of a strike. I share your anger. The minister's comments are reflective of the climate we have been attempting to negotiate in for the last year. There has been inflexibility, disrespect and dictation on the part of government throughout this process and, clearly, nothing has changed.

The minister's comments give us no reason to adjust our direction. Threatening to legislate nurses back to work in the event of a strike and restating the possibility of reducing the wage offer are simply further attempts from government to bully nurses into accepting their template. As we have said to the minister and publicly before, and repeat today, nurses will not be bullied into accepting an agreement.

Conducting a strike vote does not necessarily guarantee we will go on strike. Negotiating an agreement has been and remains our preference. A strong strike mandate will increase our bargaining power with which we can attempt to negotiate an agreement in an effort to avoid a strike. This was how the New Brunswick Nurses' Union was able to successfully conclude their recent tentative agreement.

Furthermore, a traditional strike is not our only option. There are alternatives, such as an overtime strike or mass resignation, which can avert a traditional strike. So, while a strike is a possible outcome to a strike vote, it is not a certain outcome nor is it the only possible outcome.

The minister's threat of back-to-work legislation is not a surprise. Back-to-work legislation is a possibility we have already considered. In fact, one of the most commonly asked questions we receive from members is what we will do if we were legislated back to work in the event of strike. First, we believe that existing case law has set the precedent that governments can no longer simply impose an agreement upon a union. We believe that doing so jeopardizes our right to bargain collectively and may be able to be legally challenged. In the event of a strike, should we be faced with back-to-work legislation, we will be demanding that government abide by their own existing law and provide nurses their right to binding arbitration, not impose a settlement upon us.

That said, we know that pursuing this in the courts may take time. In the more immediate term, many members want to know whether we will return to work if legislated back. While we cannot say with certainty, months before a possible strike, that we will defy legislation, we can commit to ensuring every nurse in this province has the opportunity to vote on whether we will defy legislation.  Each and every nurse will have a voice and we will act upon the direction nurses give. Following that vote, if nurses want to defy legislation, then as president, I will proudly lead them in that action.  If nurses want to return to work, then we will return to work. I assure you, I am ready to take this to the wall if that is where members want to go.

In the meantime, we will proceed with our strike vote. It is the only option we have of addressing the nursing shortage. Government continues to bring our negotiations back to wages even though they know there is much more at stake. We have a nursing shortage that is seriously impacting nurses and health care. Yet, the minister stated on Friday past that government is unwilling to talk about any recruitment and retention issues until we have accepted their template. This is not a commitment that government will act.

It is only a commitment to talk. We have already seen the outcome of 50+ days of talking. We know that once we have agreed to their template, our bargaining power will be gone. Our ability to negotiate improvements that address the real issues of the nursing shortage will be gone.

It is clear from the membership research that members recognize that a strong strike mandate is our only option to begin addressing the nursing shortage and that members are prepared to give us that mandate As such, we will begin our strike vote on Feb. 9, 2009.

In solidarity,

Debbie Forward, NLNU president