By Karin Yeske

Employer’s ability to pay wage hikes not relevant for arbitrators

May 12, 2011 | 5:36 PM

As Health Sciences Association of Saskatchewan (HSAS) workers continue with strike action in Saskatoon Thursday, the union wants binding arbitration but the Saskatchewan Association of Health Organizations (SAHO) does not.

Beth Bilson, the acting dean of the college of law at the University of Saskatchewan, said employers ( in this case, SAHO) are often hesitant to yield authority to a third party who isn’t part of the collective bargaining.

“I think that employers tend to be somewhat resistant to the idea of arbitration if they have any sense that there is still room for the parties to move on collective bargaining issues,” she said.

“As you might imagine, collective bargaining and labour negotiations are pretty sensitive business and employers tend to fear that arbitrators will be more generous to employees than they think is necessary.”

Bilson said an employer’s argument that they are unable to pay a certain wage is often not considered relevant by the arbitrator.

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Which workers are deemed “essential”?

Bilson said the legislation does not specify who will be considered an essential worker. The legislation includes criteria concerning safety to humans or animals, she said.

“Initially the parties are supposed to reach an agreement on who will be essential—who will be required to stay at work.”

If it’s impossible for the parties to reach an agreement, according to the legislation, the employer can issue a notice stating who will be considered essential.

The union can take the notice to the labour relations board and challenge it, but they can only challenge the number of employees who are listed on the notice. The union cannot challenge the particular classifications the employer has chosen.

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