By Kevin Martel

Saskatchewan tries once again with new essential services law

Oct 15, 2015 | 3:07 PM

The government of Saskatchewan is introducing new essential services legislation, after a few hiccups with previous law.

Labour Relations Minister Don Morgan tabled amendments to The Saskatchewan Employment Act Thursday morning.

“These amendments balance our commitment to public safety and security, while ensuring that there is alternative methods to settle labour disputes,” Morgan announced.

The old legislation was taken all the way to the Supreme Court of Canada, where it was ruled unconstitutional. In that ruling, it was noted while it’s reasonable to maintain essential services, the right to strike is constitutionally protected.

Morgan believes the changes introduced address the concerns of the Supreme Court. The new legislation repeals the definition of “essential services”. Instead, it’s up to the respective parties—the union and the employer—to determine which services are essential.

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As well, a number of new steps are being put in place so the collective bargaining process can flow a little smoother.

An Essential Services Tribunal would be established. The independent body would help solve disputes on what essential services are and whether an essential services agreement substantially interferes with a strike or lockout.

If needed, a three-person panel would provide for binding mediation-arbitration.

Morgan said the amendments come after consultations with public sector employers and unions.

kmartel@cjme.com
On Twitter: @KevinMartel

by Kevin Martel

Saskatchewan tries once again with new essential services law

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