1999 1 RESUMPTION OF SERVICES (NURSES – SUN) 1 BILL No. 23 of 1999

An Act respecting the Resumption of Services by Nurses and the Concluding of a New Collective Bargaining Agreement between the Representative Employers’ Organization and the Union TABLE OF CONTENTS 1

Short title 2

Interpretation 3 Continuation or resumption of employment 4 Notice of invalidity of work stoppage 5 Prohibitions 6 Disciplinary action prohibited 7 Extension of last collective bargaining agreement 8 Work stoppages prohibited 9 Variations or revisions to new collective bargaining agreement 10 Offences and penalties 11 Coming into force (Assented to , 1999) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Resumption of Services (Nurses - SUN) Act .

Interpretation 2 In this Act: (a) “employee” means a nurse, as defined in The Health Labour Relations Reorganization (Commissioner) Regulations, who is a member of the union and who is employed by an employer; (b) “employer” means an employer listed in Table A of the

Schedule and any successor to any of those employers and includes any employer that the Lieutenant Governor in Council may add to Table A by an Order in Council passed for that purpose; (c) “representative employers’ organization” means the Saskatchewan Health-Care Association, commonly known as the Saskatchewan Association of Health Organizations; (d) “union” means the Saskatchewan Union of Nurses; (e) “wages payable” means the annual straight time base pay for all employees; (f) “work stoppage” means a lock-out or strike as defined in The Trade Union Act.

1999RESUMPTION OF SERVICES (NURSES – SUN) 2 2 Continuation or resumption of employment 3 Immediately on the coming into force of this Act and until a new collective bargaining agreement is concluded between the representative employers’ organization and the union: (

a) every employee shall continue or resume the duties of his or her employment with his or her employer in accordance with the terms and conditions of the last collective bargaining agreement that governs the employee’s employment; and (

b) every employer shall permit each of its employees to continue or resume the duties of his or her employment in accordance with the terms and conditions of the last collective bargaining agreement that governs the employee’s employment.

Notice of invalidity of work stoppage 4 Immediately on the coming into force of this Act, every person who is authorized on behalf of the union to bargain collectively with the representative employers’ organization shall give notice to the employees on whose behalf the person is authorized to bargain collectively that any declaration or authorization of a work stoppage or any direction to participate in a work stoppage is invalid. Prohibitions 5(1) No person shall in any manner impede or prevent, or attempt to impede or prevent, any employee from complying with

section 3 or counsel any employee not to comply with

section 3.

(2) No employee shall, without lawful excuse, fail to continue or resume the duties of his or her employment with his or her employer.

(3) No employer and no person acting on behalf of an employer shall, without lawful excuse, refuse to permit or authorize, or direct or authorize another person to refuse to permit or authorize, any employee from continuing or resuming the duties of his or her employment as required by

section 3. Disciplinary action prohibited 6 Neither the union nor any person acting on behalf of the union shall in any manner: (

a) discipline any employee for the reason that the employee complies with

section 3; or (

b) direct, authorize or counsel another person to discipline any employee for the reason that the employee complies with

section 3. Extension of last collective bargaining agreement 7(1) Notwithstanding any other Act or law or any provision of a last collective bargaining agreement to the contrary, until a new collective bargaining agreement is concluded between the representative employers’ organization and the union: (

a) the last collective bargaining agreements that govern employees’ employment are extended; and (

b) subject to subsection (2), the terms and conditions of the last collective bargaining agreements that govern employees’ employment remain in effect.

1999 3 RESUMPTION OF SERVICES (NURSES – SUN) 3

(2) Notwithstanding the terms and conditions of the last collective bargaining agreements, the employer shall calculate and pay wages to employees as if the rates of pay applicable to employees as set out in the last collective bargaining agreements that govern employees’ employment were increased by: (a) 2% effective April 1, 1999; (

b) an additional 2% effective April 1, 2000; and (

c) an additional 2% effective April 1, 2001.

(3) If the representative employers’ organization and the union conclude a new collective bargaining agreement, the representative employers’ organization and the union: (

a) shall include provisions to increase the rates of pay of employees subject to the restriction that such increases are to be those set out in subsection (2); (

b) may include provisions to increase monetary and other benefits, other than rates of pay mentioned in subsection (2), subject to the restriction that: (

i) the increase in the amount of those monetary and other benefits does not exceed 1% of wages payable in the period commencing on April 1, 1998 and ending on March 31, 1999; and (ii) the compounded total amount of moneys paid with respect to those monetary and other benefits during the period of the new collective bargaining agreement does not exceed 2% of wages payable in the period commencing on April 1, 1998 and ending on March 31, 1999; and (

c) may include provisions to address disparities between employees that resulted from the implementation of The Health Labour Relations Reorganization (Commissioner) Regulations , subject to the restriction that the amount of money paid pursuant to those provisions does not exceed 1.2% of wages payable in the period commencing on April 1, 1998 and ending on March 31, 1999.

(4) Any new collective bargaining agreement concluded between the representative employers’ organization and the union must: (

a) comply with

section 13 of The Health Labour Relations Reorganization (Commissioner) Regulations ; (

b) expire on or after March 31, 2002; and (

c) comply with the restrictions set out in subsection (3).

(5) Any provision in a new collective bargaining agreement concluded between the representative employers’ organization and the union is void if the provision does not comply with subsection (4). Work stoppages prohibited 8 During the period for which the last collective bargaining agreements are extended in accordance with

section 7: (

a) no employer shall declare, authorize, direct or cause a work stoppage against an employee or the union;

1999RESUMPTION OF SERVICES (NURSES – SUN) 4 4 (

b) no officer or representative of the union shall declare, authorize, direct or cause a work stoppage of any employee against an employer; and (

c) no employee shall participate in a work stoppage against his or her employer. Variations or revisions to new collective bargaining agreement 9 Nothing in this Act prohibits the representative employers’ organization and the union from agreeing to vary or revise a new collective bargaining agreement concluded between the representative employers’ organization and the union. Offences and penalties 10(1) Every person who contravenes any provision of this Act is guilty of an offence and liable on

summary conviction: (

a) in the case of an offence committed by the representative employers’ organization, an employer or the union or by a person acting on behalf of an employer or the union, to a fine of not more than $50,000 and, in the case of a continuing offence, to a further fine of $10,000 for each day or part of a day during which the offence continues; and (

b) in the case of an offence committed by any person other than one described in clause (a), to a fine of not more than $2,000 and, in the case of a continuing offence, to a further fine of $400 for each day or part of a day during which the offence continues.

(2) In the case of default of payment of a fine imposed on a person pursuant to this section, the convicting court shall, on the request of the Attorney General, furnish the Attorney General with a certified copy of the order of conviction and fine imposed and, on its filing in the office of the local registrar of the Court of Queen’s Bench, that order is enforceable as a judgment of that court. Coming into force 11(1) This Act comes into force on assent.

(2) When the union and the representative employers’ organization notify the Minister of Labour in writing that they have concluded a new collective bargaining agreement, the Lieutenant Governor in Council may, by regulation, repeal this Act.

Schedule TABLE A Employers [Clause 2(b)] Assiniboine Valley District Health Board Battlefords District Health Board Central Plains District Health Board East Central District Health Board Gabriel Springs District Health Board Greenhead District Health Board Keewatin Yathe District Health Board

1999 5 RESUMPTION OF SERVICES (NURSES – SUN) 5 Living Sky District Health Board Lloydminster District Health Board Mamawetan Churchill River District Health Board Midwest District Health Board Moose Jaw/Thunder Creek District Health Board Moose Mountain District Health Board North Central District Health Board North Valley District Health Board North-East District Health Board Northwest District Health Board Parkland District Health Board Pasquia District Health Board Pipestone District Health Board Prairie West District Health Board Prince Albert District Health Board Regina District Health Board Rolling Hills District Health Board Saskatoon District Health Board South Central District Health Board South Country District Health Board South East District Health Board Southwest District Health Board Swift Current District Health Board Touchwood Qu’Appelle District Health Board Twin Rivers District Health Board Bethany Pioneer Village Inc.

Buena Vista Lodge Inc. Cupar and District Nursing Home Inc. Duck Lake and District Nursing Home Inc. Holy Family Hospital, Prince Albert Humboldt and District Housing Corporation Jubilee Residences Inc. Kindersley Senior Care Inc. La Ronge Health Centre Lakeview Pioneer Lodge Inc. Lutheran Sunset Home of Saskatoon Mont St. Joseph Home Inc. Newhope Pioneer Lodge Incorporated Oliver Lodge Providence Place for Holistic Health Inc. Radville Marian Health Centre Inc. Regina Pioneer Village Ltd. Santa Maria Senior Citizens Home Inc. Saskatoon Convalescent Home Sherbrooke Community Society Inc.

Societe Joseph Breton Inc. (Villa Pascal) St. Paul Lutheran Home of Melville St. Peter’s Hospital, Melville St. Michael’s Hospital of Cudworth

1999RESUMPTION OF SERVICES (NURSES – SUN) 6 6 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©1999 St. Martin’s Union Hospital (La Loche) St. Joseph’s Hospital (Grey Nuns) of Gravelbourg St. Joseph’s Health Centre, Macklin St. Joseph’s Hospital of Estevan St. Elizabeth’s Hospital of Humboldt St. Anthony’s Hospital Inc. St. Joseph’s Hospital (Ile-à-la-Crosse) St. Paul’s Hospital (Grey Nuns) of Saskatoon St. Ann’s Senior Citizens Village Corporation The Regina Lutheran Housing Corporation The Salvation Army for the purposes of operating the Salvation Army Eventide Home of Saskatoon The Border-Line Housing Company

(1975) Inc. Uranium City Municipal Hospital