Firing health union arbitrator could be unconstitutional: Lawyer

HALIFAX – The government’s latest move to fire the health-care union arbitrator could face court challenges, said a longtime Halifax lawyer.

Ron Stockton, often works with unions in labour negotiations, he called the government’s latest move to fire Arbitrator James Dorsey “unprecedented.” Dorsey had partially completed the division of health care employees into four separate bargaining units, each represented by a different union.

“There are some parts of the act and some parts of what the government has done that are very questionable constitutionally,” said Stockton. “And so I suspect we’re going to be seeing many years of litigation over this.”

It’s standard practice for both parties to agree to dismiss an arbitrator before going ahead with the move, said Stockton. But in this case the government made the decision unilaterally and said it was in it’s right to do so. The government said that’s because Dorsey didn’t meet the deadline set out by the health department.

“There was a timeline for Mr. Dorsey to complete his work,” said Health Minister Leo Glavine. “We gave Mr. Dorsey two extensions, the clock had run out on Friday and that’s according to the act.”

Watch: Lawyer Ron Stockton speaks to Marieke Walsh

Stockton calls the justification Dorsey’s dismissal because of timing a red herring. “He may not have gotten it done in the time that they preferred but there’s certainly still time before the legislation takes effect in April. And its a huge job, there’s a lot of evidence, a lot of argument to be heard, ” he said. “I suspect that part of problem is the government picked a short timeline because they anticipated they’d simply get their wishes rubber stamped.”

“It’s sour grapes.”

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Global News reached out to James Dorsey for a comment Thursday but as of 7 p.m. he hadn’t replied. After Dorsey released a partial decision on the health care arbitration, Friday, the government said Dorsey was “finished.” However, on Wednesday Dorsey made another decision, announcing clerical workers would be represented by the Nova Scotia Government and General Employees Union.

READ MORE: Nova Scotia Government rejects Arbitrator Dorsey’s latest ruling

It’s now unclear whether Dorsey will continue working on the arbitration against the government’s wishes. But Stockton said since he came forward with another decision on Wednesday after the government said he was already terminated, it seems like he might not stop.

“I suspect that what he may do is he feels he has jurisdiction, he’s been appropriately appointed, and I suspect he may continue his order and finish the job,” said Stockton. “But it certainly appears the government will ignore (him).”

Tweet This Click to share quote on Twitter: "I suspect that what he may do is he feels he has jurisdiction, he's been appropriately appointed, and I suspect he may continue his order and finish the job," said Stockton. "But it certainly appears the government will ignore (him)."

Labour legislation for Nova Scotia health merger not under deadline:minister

Glavine said the legislation aimed at trimming health sector bargaining units to four from 50 doesn’t have to ready by April 1.

The legislation will likely be the first item dealt with after the legislature convenes for its spring sitting on March 26, said Glavine. There are no plans to recall the house early in order to ensure the bill will be ready for the amalgamation of 10 health boards into two, which is set to occur April 1.

The government had previously said it wanted the issue around which unions represent nurses, clerical and support staff settled by the April 1 deadline.

But that was before the government dismissed Dorsey, who last Friday issued a decision settling only one of the four units.

Glavine also said the government wouldn’t be opposed to a deal with the unions, but added that any possible settlement would then be set in legislation.

– With files from the Canadian Press