New Brunswick Threat to Collective Bargaining

On March 17, 2009, the New Brunswick government budget announced the elimination of public service positions, a two-year wage freeze and an indefinite hiring freeze on all open competitions for permanent positions.

The Institute represents engineers, architects, land surveyors, veterinarians, and agrologists in the New Brunswick civil service. The collective agreements for these members expire on February 28, 2010. The New Brunswick government has promised to honour the conditions of existing collective agreements.

If the government insists on overruling the right to collective bargaining and instead legislates a wage freeze, it will be contradicting the Supreme Court of Canada decision rendered in June 2007 that collective bargaining is a constitutionally-protected freedom under the freedom of association guarantee set out in Section 2(d) of the Canadian Charter of Rights and Freedoms.

When the federal government legislated wage increases in its Expenditure Restraint Act in March 2009, the Institute filed an application with the Ontario Superior Court of Justice challenging the act’s constitutionality (see the article).

It is unfortunate that, all too often, public service employees are the scapegoats for government financial difficulties. This is a sad reflection of the value the government places on its employees, especially its professionals. Public service employees understand that the economy is in trouble and are willing to do their fair share during difficult economic times. They are willing to negotiate in good faith and find a negotiated solution suitable for both parties. It is not necessary for the government to undermine the right to collective bargaining in order to solve its economic woes.

A strong and effective public service is critical to maintaining the infrastructure which the public relies on every day for their safety and well-being. Furthermore, the public service is essential for the effective and timely delivery of programs in which the government has injected millions of dollars. Any short-term cost savings the government expects to achieve will be wiped out by the lasting impact of its ill-advised decisions.