Essential Services

What is the Essential Health and Community Services Act?
The Essential Health and Community Services Act is legislation that requires employers and unions to establish an essential services agreement before a strike or lockout can happen. If they can’t reach an essential services agreement, the Labour Board to make a ruling can make a ruling. When an essential services agreement is in place, a strike can occur safely.

Does this act remove employees’ right to strike?
No. The act requires employers and unions to establish an essential services agreement. When an essential services agreement is in place, a strike or lockout can occur safely.

What are essential services?
Essential service is based on the risk of death or serious health consequences. These include services that are critical to the mental or physical health of the client.

What will a strike look like if the union has to provide essential services?
Once the employer and union have an essential services agreement in place, workers will be able to strike. The agreement would outline the essential services, and who will have to provide those services during a strike.

Why does the proposed legislation cover so many groups of employees?
The province is concerned about Nova Scotians’ health and safety. This is the third healthcare labour disruption in a year. While most employers and unions reach collective agreements without strikes or lockouts, Nova Scotians shouldn’t have to worry about their care and safety every time a collective agreement is up for negotiation.

What health care services are included under the act?
Health care facilities with unionized employees will be covered. For example: nursing homes, residential care facilities, home support agencies, paramedics and all unionized staff at district health authorities will be included. Facilities that certify or become unionized will be covered. Please note that this does not mean all unionized employees at these facilities would be considered essential under the Act; it simply means that employers and unions at these types of facilities would have to reach an essential services agreement before a labour disruption.

How long would the parties have to work out an agreement?
As long as it takes, but there cannot be a strike until an essential services agreement in in place. These agreements are fairly straightforward and outline the services, and the number and types of employees who will have to provide those services during a strike. An essential services plan can come together quickly, but it’s up to the parties to reach an agreement.

What if the parties can’t determine an essential services agreement?
If needed, the parties can request conciliation or mediation to help them negotiate an essential services agreement. If they can’t agree, or fail to negotiate, either party can apply to the Labour Board. The legislation sets out a process to ensure this happens quickly.

Isn’t this just about saving money?
This act is about saving lives and protecting essential services, while protecting the right to strike. Saving money is not the objective, though collective agreements must be affordable.