Labour Minister Trevor Holder said the bill will be referred to the standing committee on law amendments to provide the public, municipalities and the fire and police unions a chance to comment. (Ed Hunter/CBC)
New Brunswick Labour Minister Trevor Holder has introduced legislative amendments to the binding arbitration process for police officers and firefighters that would take into consideration a municipality's ability to pay for any increases.
The province's eight cities have been calling for the change, arguing the existing process is "broken" and has created a financial burden for them.
"Municipalities have observed that the wages and awards determined through arbitration are higher than wages and awards arrived at through the free collective bargaining process," Holder said in a statement Friday.
Bob Davidson, a labour analyst with the New Brunswick Police Association, called the bill "unconstitutional." He pointed to the New Brunswick's Court of Appeal's recent decision that could allow 4,100 nursing home workers to go on strike in January.
"The Supreme Court has ruled that freedom of association includes the right to strike or fair independent binding arbitration," Davidson told reporters outside the legislature.
"This is not fair independent binding arbitration. This is about suppressing and denying police and fire fair wage increases."
Municipalities will have zero incentive to negotiate fairly.
- Marc Doiron, CUPE
Under the Industrial Relations Act, police officers and firefighters do not have the right to strike and their employers do not have the right to declare a lockout.
When negotiations fail, arbitration is used to reach a new collective agreement.
The proposed amendments to the Industrial Relations Act would require the arbitrator to, among other things, take into consideration:
The results of a comparison of the terms and conditions of employment of the police officers or firefighters to other employees in the public and private sectors.
The results of a comparison of collective bargaining settlements reached by the same local government and comparable local governments, including those reached by employees in bargaining units to which the act applies, and the "relative economic health of the local governments."
The "economic health" of the province and the local government, including, but not limited to, changes to labour market characteristics, property tax characteristics and socio-economic characteristics.
The employer's ability to attract and retain qualified police officers or firefighters.
The interest and welfare of the community served by the police officers or firefighters.
"Any local factors affecting the community."
Bob Davidson, a labour analyst with the New Brunswick Police Association, did not rule out a possible court challenge if the bill is adopted in its present form. (Ed Hunter/CBC)
"We saw all these politicians with crocodile tears when two of our members got shot and killed," said Davidson, referring to Fredericton Police Force constables Robb Costello and Sara Burns, who were gunned down on Aug. 10, 2018, along with citizens Donnie Robichaud and Bobbie-Lee Wright.
"Now they want to screw … the binding arbitration process that gets fire and police fair wages."
Davidson said the unions were blindsided by the bill because they were not consulted.
But Holder said he met with labour leaders on Thursday to advise them the legislation would be introduced on Friday and say there would be a public consultation process.
"This is not being rammed through," he said. "This is not happening overnight. This is going to be a thoughtful, respectful conversation."
The bill will be referred to the standing committee on law amendments to provide the public, municipalities and the fire and police unions the opportunity to comment on the proposed amendments, likely in January or February, he said.
"This is an opportunity for all of us as New Brunswickers to have an open honest and respectful debate on this issue."
'Not good governance'
Davidson argued the government put the "cart before the horse."
"The proper way of parliamentary procedure is you have an all-stakeholders committee, you have discussions. Then after that, if you need, you introduce legislation."
Asked whether the union would consider court action if the bill is adopted as is, Davidson said, "We will be looking at every avenue."
Glenn Sullivan, president of the Atlantic Provinces Professional Fire Fighters Association, agreed stakeholder input should not occur at the law amendments stage.
Glenn Sullivan, president of the Atlantic Provinces Professional Fire Fighters Association, described the bill as a 'cut and paste' of recently passed legislation in Ontario. 'We don't need Doug Ford in New Brunswick.' (Ed Hunter/CBC)
"It needs to be done prior to, to actually determine if there's any issue that should be brought forward as legislation," he said. "To come forward with legislation now with only listening to one side, I think is not good governance."
Both union leaders contend the existing process allows municipalities to argue ability to pay and that "most" collective agreements over the past 20 years have been reached through negotiation, not binding arbitration.
"So to indicate that the system is broken doesn't hold true with us," said Sullivan.
Miramichi Mayor Adam Lordon, who got into a terse exchange with Davidson following the tabling of the legislation, disagrees.
"We [the municipalities] obviously have a difference of opinion with the union reps and we hope we can have a civilized and fact-based discourse," Lordon told reporters.
"Our position as municipalities across this province is that the current criteria is not fair and balanced.
"We believe that for the province to grow and to thrive we need communities across the province that are doing the same. So this was one of a number of priorities that we've been advocating for over the last year-plus now."
PCs opposed Liberal bill 3 years ago
Liberal MLA Keith Chiasson said he thinks "there's good arguments on both sides."
"Obviously the first [responders] they give essential service. We understand the municipalities have to juggle rising costs, but they do have a responsibility to offer that service on their territory. So we're looking forward to see what both sides are going to say during committee," he said, adding his party is not ruling out supporting the bill.
The Progressive Conservatives also opposed the changes at the time. Holder said he spoke against the changes in 2016 because there was no consultation. His party's approach will allow for a "robust, open public debate," he said.
Discretion will be 'severely limited'
The Canadian Union of Public Employees New Brunswick and the New Brunswick Committee of Municipal Employees issued a joint statement Friday, opposing the bill.
"The neutral third party's discretion will be severely limited to compensate for municipal councillors' fiscal blunders," said CUPE NB president Brien Watson.
"This is what is happening in Saint John, where they want to make front-line workers pay for council mistakes in issuing massive corporate tax exemptions."
Marc Doiron, a CUPE Firefighter and Municipal Committee representative, described the bill as an "unnecessary remedy to an imagined problem."
The legislation will have "a perverse effect, because municipalities will have zero incentive to negotiate fairly," he said.
Other proposed changes
Under the amendments, the binding arbitration process would be conducted by a single arbitrator instead of the current three-member board that includes representatives of the union and municipality.
In addition, the parties would be required to provide the arbitrator with documentation of their issues in advance of the hearing, and the arbitrator would be required to, upon request of either party, provide written reasons to show how various criteria were considered.
More details on the process to be used by the standing committee on law amendments will be available in the coming weeks, Holder said.
Councils in Fredericton, Edmundston, Campbellton, Bathurst, Dieppe, Miramichi, Moncton and Saint John all voted earlier this month to support the changes for when a municipality and fire or police union can't reach a negotiated contract.
Contracts with firefighters in Fredericton, Moncton and Saint John are set to expire at the end of the year.
The province committed to consider reform as part of a report on Saint John's fiscal sustainability earlier this year.
With files from Jacques Poitras
Officer saw 'something' before man's death
CBC News·
A police officer whose cruiser struck and killed a 22-year-old Miramichi man told an inquest Tuesday he saw "something" just before the accident.
Const. Arthur McLean arrives at a coroner's inquest in Miramichi on Tuesday. ((CBC))
Const. Arthur McLean initially testified he didn't see Christopher (Max) Comeau while he was driving his police cruiser near the Morrisey Bridge on the evening of Aug. 3, 2006.
McLean then stated he had seen "something." Later in his testimony, he said he saw a face and later still he said he'd seen a silhouette of a body.
McLean didn't brake until after his windshield shattered and he had initially thought a duffle bag had been thrown at his car, he said.
WhenMcLean got out of the cruiser, he saw a sneaker in the road and found Comeau lying several metres away,he testified.
Comeau, who was deaf and suffered from serious tunnel vision, had been walking home from a day of tubing with his cousins on the river.
Toxicologist Joanne Cadeau testified on Monday Comeau's blood alcohol level was more than twice the legal limit for a driver at the time of the incident.
After the drinking, Comeau's vision, co-ordination and reaction time would have been impaired, Cadeau said.
Members of Comeau's family left the courtroom during McLean's testimony on Tuesday.
"I don't think we'll ever have any closure.It's been very tough on our family, on myself on my brother, like, why do we even have to sit through this?" said Comeau's cousin, Anya Connolly.
Comeau's mother also didn't sit through the statements of McLean, who hasn't returned to work since the accident.
Fredericton city police conducted an investigation into the incident and concluded the police officer was not at fault. No charges were laid.
Lost weight
McLean said he's lost 30 pounds and has post traumatic stress disorder.
"It's certainly tough," said Comeau's stepfather, Csaba Kazamer.
"My wife of course, she's very upset, but our goal is to try to make things better. We want to hear the facts."
The purpose of the six-day inquest is to make the facts surrounding Comeau's death public, said coroner Dianne Kelly.
About one-third of the expected 25 witnesses testified in the first two days of the Miramichi inquest. Four jurors are responsible for deciding if Comeau's death was preventable.
Yesterday, Bob Davidson purportedly on behalf of the New Brunswick Police Association, held a press conference with respect to the Art McLean matter. In addition, the New Brunswick Police Association issued a written press release to the same effect. Both Mr. Davidson's comments and the press release represent a complete and purposeful mischaracterization of the facts and circumstances surrounding the McLean matter and the City's actions to date.
It should be noted that neither Mr. Davidson, nor the New Brunswick Police Association, have any formal standing or role with respect to this matter. The City's police members are represented by the Miramichi Association of Police Professionals ("MAPP"), an association which dropped its membership in the New Brunswick Police Association many months ago. Mr. Davidson's inflammatory and mean-spirited comments should be viewed in this light.
It should also not be lost that in the New Brunswick Court of Appeal's decision, dated September 22, 2011 in this matter, the Court concluded its reasons by stating:
"Obviously, this ruling does not preclude the municipality from pursuing the termination and frustration issues in accordance with the process set out in the Police Act.
"On Monday, December 12"', management of the Police Force, along with the City Manager, reviewed the entirety of the matter and the Chief of Police decided to withdraw the Notice of Arbitration and request to terminate Constable McLean. The City is returning him to duty in the very near future. Yesterday, the City met with its lawyer and instructed him to notify the Arbitrator of this decision. Constable McLean has been provided notice of this decision as well.
In the circumstances, the City will refrain from making any further comments as it is a personnel matter.
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************** Bob Davidson of the NB Police Association was reached for comment, and had this to say: "This is welcomed news, and will mean a lot to the McLean family as Christmas is fast approaching. As well, heading into the new year, the family can look forward to less stress and more stability. Finally, the people of Miramichi who rallied behind the McLean family deserve a lot of credit, and they should know that without their opposition to this, it might still be ongoing."
*************** Yesterday a Facebook group called "Stop the persecution of Art McLean or support Art McLean and his family." In one day the group had over 1000 members, and hundreds of comments and opinions. You can see the page HERE
McLean fills vacant spot as PC candidate
2019-07-17 | 0 comments |
- Peggy Mclean, former City Councillor, is appointed as Conservative candidate after Tilly O’Neill-Gordon drops out due to health concerns as per a press release issued earlier today by the Conservative Party of Canada.
On April 13th three people ran for the nomination, but all three would later be disqualified due to undisclosed irregularities during the nomination campaign. The party then looked to the local riding association for an option #2, and ultimately decided to appoint Tilly as the candidate.
In a sudden turn of events brought on by a yet again delayed hip surgery, Tilly bowed out leaving the candidate’s slot empty with less than 100 days before an election.
Sources told Miramichi Online that up to three other people contacted the party to ask to be considered as a candidate if they chose to appoint one. The following press release ends all that suspence:
July 17, 2019 For immediate release
The Conservative Party of Canada announced former Miramichi city councillor Peggy McLean will be their candidate in Miramichi-Grand Lake. McLean was a city councillor from 2012 to 2016.
“Peggy is going to be a fantastic candidate that will put the people of Miramichi-Grand Lake first,” said Andrew Scheer, Leader of Canada’s Conservatives.
McLean is a mortgage broker in Miramichi, Vice President of the Josie Foundation, and a board member for numerous organizations include Hospice Miramichi.
“I’m excited to be the candidate, and am eager to get out in our communities and show how a Conservative government will make life more affordable in Miramichi-Grand Lake,” said McLean.
“I’m ready to join Andrew Scheer’s team and share his positive Conservative vision for the region.” Former Conservative MP for Miramichi, Tilly O’Neill-Gordon, said she’s here to support the Conservative Party and their candidate
“I’m pleased to see the party act quickly to get a candidate in place for our riding, and I know the Conservative Party with Andrew Scheer will help Canadians get ahead,” said O’Neill-Gordon.
The Conservative Party exercised section 11 of its nomination rules and procedures following the disallowance of a previous candidacy arising from the nomination. Following input from members, the party, the party’s elected National Council, and Leader, the decision was made to appoint Peggy McLean after Tilly O’Neill-Gordon announced her resignation due to health reasons.
McLean is a member of the Rotary Club, and serves with organizations such as Hospice Miramichi and The Josee Foundation. McLean served as councillor for the City of Miramichi from 2012 to 2016. She ran for mayor twice and for MLA once:
May 2012 wins council seat with three vote margin over Tanker Malley (LINK)
May 2016 McLean finishes second of three vying to unseat Cormier as Mayor (LINK)
November 2016 finished behind Lordon and Lynch in Mayor’s race (LINK)
September 2018 McLean finishes third for PCs in Mirmaichi MLA race (LINK)
Wanda Northrup (left) and her sister Wendy Northrup both say they aren't sure which Miramichi-Grand Lake candidate they're going to vote for on Oct. 21. (CBC)
Sisters Wendy and Wanda Northrup are so in sync with each other that they finish each other's sentences — even when they're trying to sort out who they'll vote for in next week's federal election.
"I don't like Trudeau," Wendy said as the pair arrived at the Foodland grocery store in Minto, in the southwest corner of the Miramichi-Grand Lake riding.
She was quick to add: "I've always been Conservative but I'm not sure this time. The NDP, I think if I vote for them, I'm just taking a vote from somebody else."
"But if everybody thinks like that, you get no change," Wanda answered. "I think I'm voting NDP … I'm tired of the other two."
"Very tired," Wendy agreed.
"It's always one or the other, and look at us," Wanda said.
"They make all these promises," Wendy added. "Some promises happen but we're still in debt."
Doaktown Coun. Art O'Donnell said the idea of voting Liberal scares him. (CBC)
The indecision afflicting the Northrup sisters speaks to the murky electoral picture in Miramichi-Grand Lake, the province's largest federal riding and perhaps the most difficult to figure out.
Through the woods in Doaktown, Coun. Art O'Donnell, a provincial candidate for the populist People's Alliance last year, had surprisingly good things to say about the first-term Liberal incumbent.
"I've met Pat Finnigan many times and he's a gentleman and he's been good to me."
But, he said, the idea of voting Liberal, of supporting Justin Trudeau, scared him.
The Fredericton riding is getting lots of attention during this campaign as the scene of a possible Green Party breakthrough. But Miramichi-Grand Lake is where a different kind of anti-establishment vibe could affect the outcome on Oct. 21.
"I'm not sure which way this riding's going to go," O'Donnell said. "I think people really do want an alternative."
But, he added, newer parties haven't been quick enough to nominate well-known candidates.
Norma Jean Dickison took a break from gardening to share her thoughts on the upcoming federal election. (CBC)
"There's mixed feelings, and they can change any time, at the last minute," said Norma Jean Dickison as she pulled out her flower beds for the fall across from the Doaktown Tim Horton's. "No one knows for sure how people are going to vote."
The constituency sprawls across the province's midsection, running from Minto, near Fredericton, up to Boiestown and Doaktown on the Upper Miramichi, and over to a slice of Kent County and mostly francophone Rogersville and Baie Ste. Anne.
It then continues north to take in the city of Miramichi and communities up the coast, including Neguac and Tabusintac.
In its more than 17,000 square kilometres, there are anglophones, francophones and several First Nations. It is dominated by traditional industries such as forestry and fishing.
The riding of Miramichi-Grand Lake encompasses parts of the counties of Northumberland, Kent, Queens, Sunbury and York. (CBC)
"I have a mini-representation of the province here," Finnigan said as he campaigned at a seniors' residence in Boiestown.
The businessman from Rogersville was first elected in 2015, winning 47 per cent of the vote, thanks in part to the Trudeau wave that swept all 32 ridings in Atlantic Canada.
He's running on his own reputation and on the government's record, pointing to the Canada Child Benefit introduced by the Liberals, their middle-class tax cut and the move of the pension eligibility age back to 65 from 67.
He also credits Trudeau with salvaging the North American Free Trade Agreement, almost cancelled by Donald Trump, and with signing a trade agreement with the European Union that opened new markets for lobster fishermen in the constituency.
"We have a record to talk about," he said. "It's a different conversation [than four years ago], but a good one."
Pat Finnigan is the Liberal incumbent in Miramichi-Grand Lake. (CBC)
But the Liberal wave of 2015 has receded, and provincially, voters here have shown a willingness to try new things.
In last year's provincial election, the People's Alliance won two of the five ridings that overlap with Miramichi-Grand Lake, and came within 35 votes of capturing a third. In another corner of the federal constituency, a provincial Green MLA was elected.
The populist success of the Alliance would seem to open the door to a new party like the People's Party of Canada (PPC), and candidate Ron Nowlan says he's seeing some interest from voters.
"I'm surprised at the support. A lot of doors will say, 'You don't even have to keep talking. We're going to vote for you guys anyway.'" But, he added, "The majority say, 'I don't know what I'm going to do.'"
Nowlan worked on People's Alliance MLA Michelle Conroy's campaign in Miramichi last year and says many of her supporters are backing him, though so far not a lot of her campaign volunteers have signed up to work for him.
They are "either busy or just don't have the time to give us volunteer support."
Ron Nowlan is the People's Party of Canada candidate in Miramichi-Grand Lake. (CBC)
It's also not assumed that Alliance voters will go to the PPC.
"I don't think anybody's voting for [PPC Leader Maxime] Bernier," said Rodney Hoyt of Minto. "He's too far away in Quebec. We've got problems down here that are different than Quebec."
Nowlan agrees. "People don't understand the different platforms at the federal level and the provincial. It's a very different ball game."
People's Alliance Leader Kris Austin has refused to endorse any federal party, making it hard to predict where his supporters will go on election day.
"I hear people say they're possibly going to go Conservative, some others are going PPC and I'm sure there are others of our supporters who will go to the other parties as well … We're a diverse party in our membership and people will do what best suits them."
Peggy McLean, the Conservative candidate in the riding of Miramichi-Grand Lake, served on Miramichi city council from 2012-2016. (Conservative Party of Canada)
Nowlan isn't the only candidate making Miramichi-Grand Lake more unpredictable than usual.
There are also two candidates with Conservative ties — the party's official candidate, Peggy McLean, and an independent, Allison McKenzie, who was nominated as a Conservative and then disqualified.
McKenzie beat two other contestants for the party nomination in April, but after the convention she and her two rivals were all rejected over unspecified irregularities.
Former MP Tilly Gordon-O'Neill then stepped in as the Conservative candidate, only to withdraw for medical reasons.
Allison MacKenzie is running as an independent candidate in Miramichi-Grand Lake. (Jacques Poitras/CBC)
McLean was then chosen to carry the party colours, only to have McKenzie jump into the race as an independent.
"That's just exactly what our democracy needs, is more voices creating honesty and integrity and making a voice for everyone in the riding," McKenzie said.
She dismissed the possibility that she'll take away Conservative votes from McLean and make it easier for Finnigan to win for the Liberals. "I'm planning on taking this and coming right up the middle," she said.
McLean is warning voters to stick with the party that has a chance of taking power.
"There's power in numbers," she said. "If you're looking at voting for somebody, if their party stands a chance of forming government, you'd like to be on the same side as government. You'd like to have a voice and have some representation."
Hoyt, in Minto, is receptive: he said he won't support a new party.
"Liberal or Conservative, because I trust them," he said. "I don't trust the other ones."
McLean is campaigning on the theme of affordability, echoing national Conservative themes of attacking Liberal spending and the party's carbon tax, while promising to bring back measures like boutique tax credits that lower the cost of living.
"People are very, very concerned about being able to pay their bills," she said.
Congenial race
She calls her Liberal opponent Finnigan "a really nice guy," and Finnigan refuses to criticize the Conservatives for their difficulty in settling on a candidate to run against him.
"I've got to sell myself," he said. "I'm not going to put down anyone else to prop myself up."
He said that comes from his years operating a business. He founded an agriculture co-operative in Rogersville and started Mr. Tomato, a produce store in the village.
That taught him to get along with everyone — even the provincial MLAs from four different parties within the federal riding.
"I've been in business all my life and I know you have to build relationships," he said. "Our politics are different, but if it's about helping someone or some community, they know I'll be at the table."
The congenial tone between McLean and Finnigan, and the lack of excitement over candidates from other parties, may be another reason why Miramichi-Grand Lake is so hard to read.
"It's extremely quiet," Austin said. "There's not a lot of buzz … and I don't know what that means."
David Raymond Amos Surprise Surprise Surprise (Not really)
David Raymond Amos For the record even though I am a candidate in this election I have to have someone vouch for me in order to vote Go Figure
Murray Brown I thought this election was all about climate change??? Nobody appears too worried about it in this riding.
David Raymond Amos
Reply to @Murray Brown: Trust that they are in Fundy Royal right now
Michel Jones
Reply to @Murray Brown: The liberals like to fear monger school kids into stress then say the Conservative do nothing to fix the problem.. Trudeau said Sheer will cut services yet Liberals denied benefits to veterans and gave Omar Khadar 10.5 million dollars.. How can anybody not see through this dangerous situation.
Michel Jones The election is not as murky as some might suggest, most candidates including the incumbent are most likely decent people willing to serve the public.. This election is about Justin Trudeau, he ran on his family name without earning it, who refuses to take responsibility and will fire anybody that disagrees with him.. It's very clear that only a Conservative government will unite Canadians, develop the energy sector and remove the tax on home heating bills and the carbon tax on gas... More than ever, the choice is clear.
David Raymond Amos
Reply to @Michel Jones: Dream on
Michel Jones
Reply to @David Raymond Amos: You may be right but I've never wished so much for a Prime Minster to be voted out of office... I don't hate the guy, he just doesn't belong in Canadian politics.
Marc LeBlanc I ask myself one simple question when deciding how to vote The current government has been in power for the last four years Is the province better off than it was four years ago?
David Raymond Amos Reply to @Marc LeBlanc: Survey says???
