Three unions say the Essential Services in Nursing Homes Act makes strikes impossible while failing to provide adequate access to arbitration as a substitute.
The act sets out the process for determining what number of workers are deemed essential and must stay on the job in the event of a strike.
The amendments overhauled the essential worker designation process and added binding arbitration. At the time, unions opposed wording that asked an arbitrator to consider the employer’s ability to pay. But Oullette said that, as workers have entered bargaining once again, it has become clear that access to the arbitration process in general is severely lacking.
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