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Today in the
House of Assembly, The Danny Williams-led PC Government introduced back to
work legislation, forcing all public sector workers off the picket-line.
This legislation represents a failure by the Danny Williams government, to
negotiate with these unions.
Below is the
exchange between Opposition Leader Roger Grimes and Premier Danny Williams.
MR. GRIMES:
Thank you, Mr. Speaker.
It saddens me to have
to ask questions today, a dark day, as I see it in Newfoundland and Labrador
and a black mark, not only on the government, but on the whole Province as a
result of their actions.
Mr. Speaker, on
September 20, 2001, the current Premier addressed the NAPE convention and
said - this is his quote: There is a legacy of neglect and under-investment
in education, health care and social services but my determination to
improve and strengthen the quality of public services is absolute.
Mr. Speaker, in light
of that statement: Does the Premier understand - and will he now acknowledge
- that his recent actions, including today with this draconian legislation,
are, in fact, ruining the quality of public services and demonstrate that
his only determination seems to be to punish anyone who would insist upon
their right to negotiate and to intimidate anyone who does not agree with
his government’s right-wing agenda to slash and burn?
MR. SPEAKER:
The hon. the Premier.
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
Mr. Speaker, back in
September of 2001 I had no way of knowing what kind of a fiscal mess we were
going to be left in in this Province. There was no possible way of seeing
that that government could do the eternal, perpetual damage that they have
done to the people of our Province. What we were left with was a total
fiscal and financial mess. That has been repeated time and time again by the
Royal Commission, by banks throughout the Province, by the federal Minister
for Natural Resources, Mr. John Efford, who said we have been left with a
financial nightmare and was honourable enough to even accept some of the
blame for that. Unfortunately, the hon. members opposite just washed their
hands like Pontius Pilate and say they had absolutely nothing to do with it
-
AN HON. MEMBER:
(Inaudible).
MR. SPEAKER:
Order, please!
PREMIER WILLIAMS:
- nothing to do with it whatsoever.
Mr. Speaker, I had no
way of knowing when I talked to NAPE, but what I did indicate to them was
that I was going to do my best to make this a better place to live. I will
continue to live up to that commitment because this is all about making it a
better place, from a health care perspective, from an educational
perspective and from a social perspective. We cannot do that without any
money. You have left us with debt that we are simply drowning in. We have to
take strong measures that -
MR. SPEAKER:
Order, please!
I ask the Premier now
to complete his answer.
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
We do not like having
to do it but we have no choice because we have no money.
[Disturbance in the
gallery]
MR. SPEAKER:
Order, please!
The Speaker wants to
make it quite clear that people who are visitors in the gallery are welcome
to this Legislature. This Speaker, and other speakers before me, firmly want
to communicate that visitors are always welcome in this House; however,
visitors are reminded that they are not in any way to show approval or
disapproval for anything that takes place on the floor of the House. I ask
you sincerely for your co-operation in that regard.
Thank you very much.
The hon. the Leader of
the Opposition.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
It seems clear that
the government’s approach is to continue to repeat false statements in the
hope that by some fluke they might become true statements, just by
repetition, because the circumstance he described is just not true in
Newfoundland and Labrador.
The Premier, Mr.
Speaker, did talk about making a commitment and keeping commitments, and I
am glad he did. In the same speech, Mr. Speaker, the Premier, the then
Opposition Leader, said, and this is the quote: I make this commitment to
you - this is to the NAPE convention - we will not use the extraordinary
powers of the Legislature, which no other employer has, to undo collective
agreements that public servants have negotiated in good faith - and he said
he would keep the commitments that he made.
I do not think that
has anything to do with what he is trying to describe as the financial
circumstance. How does that fit? How does that commitment and that
statement, in his own words, that he was so proud to make then, fit with
Bill 18 today, with contract stripping right in the legislation, Mr.
Speaker?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Premier.
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
Mr. Speaker, when the
hon. Leader of the Opposition read out that particular paragraph, he left
out a sentence. I said: I make this commitment to you... - and the sentence
that he left out was - ...my government will respect the collective
bargaining process. We will negotiate fair collective agreements that the
Province can afford, and we will stand by those agreements.
The point that I have
made time and time again here in this Legislature, Mr. Speaker, is that we
cannot afford the requests that were being made by the union. On March 31,
in the meeting that myself and the minister had, the position of the union
was: zero, zero, six and six, on a four-year agreement. Six per cent is $132
million in year three, $132 million in year four, and a new $132 million, as
well, in year four; $396 million. If we were successful in concluding an
agreement with the federal government, whereby the federal government gave
us 100 per cent of all of our offshore oil revenues, I would then take those
revenues, when they hit a peak of $385 million -
MR. SPEAKER:
Order, please!
I ask the Premier now
to finish his answer quickly.
PREMIER WILLIAMS:
Thank you, Mr. Speaker
- we would take
another $11 million from the public Treasury, and we would hand each and
every cent of that over to our public servants.
There are 500,000
people in this Province besides the public sector workers. We have to look
out for them as well, and we have to look out for our children and
grandchildren in this Province.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
A supplementary, the
hon. the Leader of the Opposition.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
It is great to see the
Premier restate his real appreciation for the public employees - not
servants - the public employees, who he is now trying to pit against every
other Newfoundlander and Labradorian.
Mr. Speaker, the
Premier also said this, and maybe he will find a way around these words as
well, which were his own, same speech, same group: Governments of the early
1990s - these are the Premier’s words - did not try first to exhaust avenues
of co-operation in a joint effort to resolve the financial problems the
government faced. They bulldozed their way through the process and
sacrificed co-operation and trust in the process.
His words, Mr.
Speaker, to the NAPE convention. Is the Premier now concerned that his
bulldozing through the process that is going to begin really in earnest here
today and tomorrow, as he uses the power of the Legislature to get what he
could never get by co-operation and negotiation, is he concerned about the
impact that is going to have -
MR. SPEAKER:
Order, please!
I ask the member now
to complete his question.
MR. GRIMES:
Yes, Mr. Speaker.
- and the sacrifice of
the co-operation and trust with the public employees he values so much in
the process?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
Mr. Speaker, I need to
remind the hon. Leader of the Opposition that one of the drivers of that
bulldozer was he, himself, who was in that government at that particular
point in time and rolled back wages and had wage freezes. I think he forgets
that, Mr. Speaker. He has a very, very short memory when it comes to that,
and is very hypocritical when he can stand there and say that.
As well, what we are
trying to get through, get the legislation through this Legislature, is to
try and do something about the 7,325 missed appointments in the hospitals,
the 2,835 missed child clinic appointment, the cardiac screening, the
mammograms. That is what we are trying to straighten out.
You have a very short
memory, Sir. In April, 2001-
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
This is the House of
Assembly. Members have a right to ask questions, to hold the government
accountable. The essence of Parliament is accountability. The essence of
Question Period is that government be held accountable. We must have
co-operation. When members ask questions, they should be relatively silent
while the people in the Administration are attempting to give the answer.
The Premier has about
twenty seconds to complete his answer.
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
The hon. Leader of the
Opposition, in April of 2001, Premier Roger Grimes said he would consider
using legislation to get some striking workers back to their jobs if the
health care system shows signs it cannot cope.
If you want to accuse
me of bulldozing life safety, then I will accept that responsibility as
Premier of this Province.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
A supplementary, the hon. the Leader of the Opposition.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
I ask members on both
sides for their co-operation.
A supplementary, the
hon. the Leader of the Opposition.
MR. GRIMES:
Thank you, Mr. Speaker.
I understand the
Premier is under considerable stress, and I recognize that.
Mr. Speaker, last year
the Premier supported and committed to binding arbitration for the doctors
as an end to a dispute. In a month or so, there is binding arbitration
slated for the Royal Newfoundland Constabulary. Is binding arbitration okay
for some people and not okay for other? Is it safe for anybody or does Bill
18, which is tabled here today, show the new approach from this new
government and indicate that there is going to be binding arbitration for
nobody, under any circumstances, because they cannot turn over control of
the purse to a third party? Which is it, I ask the Premier?
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
The hon. the Minister of Finance and President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
I would like to show
the hypocrisy of what is asked here in the question.
Back in March, the
former Premier of this Province signed a Memorandum of Understanding on the
Warren report. That was dated, actually, October 29, 2001, and he said: The
study should be completed by March 31, 2002, and the findings of the study
group will be implemented.
He had no time frame.
In January, 2003, the Warren report put forth a report, and in the following
budget that Premier of the Province put forth a budget for $2.5 -
SOME HON. MEMBERS:
Oh, oh!
MR. SULLIVAN:
Mr. Speaker, if they want me to answer -
MR. SPEAKER:
Order, please!
It is the right of the
Opposition to ask questions. It is the right of the government to either not
answer at all or to decide their answer. They have every right. What the
minister is doing is well within the rules. It is for him to determine, the
government to determine, who answers and what the answer contains.
The hon. the Minister
of Finance and President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
I appreciate the
opportunity to answer, because to implement 1 to 8 of the Warren Report
takes $5.1 million. Two months after that report, that Premier put in a
budget $2.5 million for the Warren Report. This year in the Budget that I
presented in this House, we put in $3.6 million -
MR. SPEAKER:
Order, please!
I ask the minister now
to complete his answer.
MR. SULLIVAN:
- $1.1 million more than he put in that report. Now he is telling us he put
in the report, an acceptable report, that he gave 50 per cent funding, and
we have increased that by 40 per cent. Where is the hypocrisy there, I ask
the Leader of the Opposition?
MR. SPEAKER:
Order, please!
The hon. the Leader of
the Opposition.
MR. GRIMES:
Thank you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
I am sure, Mr. Speaker, that the people of the Province appreciate the clear
and concise answer about whether or not binding arbitration is available to
anybody. I am sure they understood the answer perfectly, from what was just
said.
Mr. Speaker, let me
give one more quote from the Premier to the NAPE convention. The quote is
this: I believe it is important to respect the rights of unionized employees
- he has his head down now, Mr. Speaker, ducking behind a piece of paper -
while at the same time using the avenues available to us, under existing
laws and collective agreements. The current avenue, Mr. Speaker, under
existing law is binding arbitration.
Let me ask one last
time: Why would the Premier not use the existing law, which he told these
people, at their annual meeting, he would do if they voted for him and he
became the Premier, why would he not use the existing law and go to binding
arbitration and leave the existing collective agreement alone, or did we get
the answer from the President of Treasury Board -
MR. SPEAKER:
Order, please!
I ask the hon. member
now to complete his question.
- that there is no
binding arbitration for anybody ever again?
MR. SPEAKER:
The hon. the Minister of Finance and President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
We are concerned about the health care in
our Province and we want immediate action. I would like to make it clear to
him, there is no reference, nothing in the collective agreement, right now -
MR. BARRETT:
(Inaudible).
MR. SULLIVAN:
I mean, the Member for Bellevue - they want an answer and they are not
prepared to accept an answer.
MR. SPEAKER:
Order, please!
MR. SULLIVAN:
I will sit down if they don’t want an answer.
MR. BARRETT:
You are not giving an answer. If you gave the answer, I would let you stand
up.
MR. SPEAKER:
Order, please!
The Chair again asks all hon. members for
their co-operation.
The hon. the Minister of Finance and
President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
There were three issues that were
outstanding. We spent four days on the previous weekend dealing with them.
One was salary and the second was the Warren Report. There is no Warren
Report in the current collective agreement. In spite of that, Mr. Speaker,
we put 40 per cent more money to deal with janitorial, secretarial and
cleaning in schools than that government put last year in the Budget; 40 per
cent more in spite of not having anything in the agreement.
On sick leave, Mr. Speaker, I will make
it clear, there is no concession for anybody working in the workplace today
by this government to take anything away. In fact, we have added things at
different stages of that process that were not there before, including
making temporary employees permanent and -
MR. SPEAKER:
Order, please!
I ask the minister now to complete his
answer.
MR. SULLIVAN:
- numerous other areas that we agreed to give employees an opportunity to
deduct money for car allowances, basically, so it was not a taxable item. We
made numerous changes and we have not asked for one thing that current
employees do not have today.
MR. SPEAKER:
Order, please!
The hon. the Leader of the Opposition.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
I am sure again the people of the
Province respect and appreciate the clarity of the answer, that there will
be no binding arbitration for anybody ever with this government. I take it
that is the answer. That was the question that was asked.
Mr. Speaker, let me switch to another
question. Could the Premier tell us which precedence he used to draft the
unbelievable piece of legislation that is here before us today as Bill 18?
Did he find examples of contract stripping, which are in this legislation,
grossly exaggerated fines, which are in this legislation, and the firing of
supposedly valued public employees, which is in this legislation, did he
find those features in other jurisdictions across Canada? Where, exactly,
were the precedence, or does he have a made-in-person solution from the
one-man show himself, Mr. Speaker?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Minister of Finance and President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
Number one, there is no contract
stripping. You know the person who signed the MOU said the Warren Report
will be implemented with no time frame. It could be fifty years. We put 40
per cent more than you put in your Budget. We have enhanced the aspects and
the principles of the Warren Report over what that former Premier did when
he was in that chair that this Premier is in.
Secondly, on sick leave we have made no
changes whatsoever for current employees. It is false to give the impression
that we are contract stripping. We have looked - there are numerous in
jurisdictions if you look at it.
Mr. Speaker, traditionally the -
SOME HON. MEMBERS:
Oh, oh!
MR. SULLIVAN:
Give me an opportunity.
MR. SPEAKER:
Order, please!
MR. SULLIVAN:
Currently, Mr. Speaker, and traditionally in a lot of areas we have seen an
escalation in the amount of fines. Environmental have gone to $1 million. We
have seen DFO violations, $1 million. They are examples of today. There is
less tolerance for those things, and there is a movement to higher levels
out in society today. Besides -
MR. SPEAKER:
Order, please!
I ask the minister now to complete his
answer, quickly.
MR. SULLIVAN:
Yes, I will complete.
The Leader of the Opposition has said
clearly, something that is absolutely false, that contract stripping - he is
doing something. In fact, he did something, signed an MOU and funded it less
than 50 per cent of what he signed.
MR. SPEAKER:
Order, please!
MR. SULLIVAN:
Where is his real thought behind this Warrant Report, I would like to know?
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
The hon. the Leader of the Opposition.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
I would gladly, and I am sure all the
members would gladly have the President of Treasury Board, because the
Premier obviously does not want to answer any more of these questions. He
does not like the line of questioning anymore. He has given up on it again
today. Maybe he would like to table those other jurisdictions that he
scanned before they put together this draconian piece of legislation.
Mr. Speaker, the Premier, this Premier,
has been given the privilege to govern Newfoundland and Labrador, not to
rule or to control or to run a small island off the Coast of Florida that
Americans are not allowed to go to anymore. Is the Premier really willing to
fire up to 20,000 public sector workers as the legislation suggests, the
valued public employees that he talks about? I ask the Premier, does he
really think that the government, and he personally, could fire the skilled
workers that help government function on a daily basis, or does he already
have, in fact, a hit list compiled of people who dare to speak out against
him?
MR. SPEAKER:
Order, please!
I ask the member now to complete his
question, quickly.
The hon. the Minister of Finance and
President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
The legislation sets down certain terms
and requirements and the worker decides if they will comply with returning
to work. I will use an example -
SOME HON. MEMBERS:
Oh, oh!
MR. SULLIVAN:
Yesterday, Mr. Speaker, under essential service agreement -
MR. SPEAKER:
Order, please!
Again, I am asking members for their
co-operation. The question has been asked. It is a very serious question,
and the minister is attempting to give a very serious answer. I ask the
minister to continue his answer.
MR. SULLIVAN:
Thank you, Mr. Speaker.
I will use an example. Yesterday, under
an essential service agreement, if someone does not report under an
essential service agreement their job is gone. They are dismissed. That is
there and it is accepted by both sides. Yesterday, after three hours of
asking people to come, they still were not in on the job. We waited for over
three hours and then we went back again because they indicated they were
told not to come in and fulfill the requirements of the essential services
agreement. That choice is theirs when they are asked to make it. If they do
not report to a job that is there, an essential service - the law says that
if you do not come to work you are dismissed in the job. That is a fair and
reasonable legislation there -
MR. SPEAKER:
Order, please!
I ask the minister now to complete his
answer.
MR. SULLIVAN:
- and putting it in legislation. It is a serious piece of legislation, Mr.
Speaker, it is no joke. Legislation is brought in for a purpose: to protect
people, to ensure that the Province gets run, and the proper work is done.
That is what laws are all about in this Province.
MR. SPEAKER:
The hon. the Leader of the Opposition, on a supplementary.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
The answer, again, demonstrated better
than I ever could, that the penalties in this legislation are both
vindictive and punitive. It is clear that the Premier’s one-man show
approach to this whole process is killing morale in our public sector and
will destroy it for years to come.
Mr. Speaker, the question is this: How
does the Premier feel that fines of up to $250,000 a day and the firing of
our so-called valued public sector employees will help improve his already
severely damaged relationship with the unions? Does the Premier really
personally feel that these levels of punishment and penalty are just?
MR. SPEAKER:
The hon. the Premier.
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
Mr. Speaker, we were elected to govern
this Province. We were given a mandate from the people to run this Province
on their behalf. That is exactly what we are trying to do. We cannot have a
situation, as we have had over here the last couple of weeks, where we have
had our managers out there on a parking lot, refused admission to come to
work. This is not about 20,000 people. This is about 520,000 people and
future generations. We cannot allow anarchy to prevail in our Province. This
is a Legislature, this is where the laws are made. If people choose to break
the law than they get fined. Foreign overfishing fines are as much as $1
million. Environmental fines are as much as $1 million. This fine would be
against a union for advising its people not to come to work and that is
$250,000.
What the members of this Legislature need
to know, Mr. Speaker, is that part of the reason why the clause is in this
legislation, for people to choose to terminate their own jobs, is because
those very people have phoned us, as a government, and said: Please put that
in the legislation so that we can go back to work because we want to go back
to work.
There are requests that came to us from
union members, asking to have that in the legislation. They actually phoned
our office. That is why we are doing it. We are doing it to support them and
we are doing it to keep this Province as a good place to live, for people
who live here right now and for future generations. That is why we are doing
it.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
A supplementary, the hon. the Leader of
the Opposition.
SOME HON. MEMBERS:
Hear, hear!
MR. GRIMES:
Thank you, Mr. Speaker.
Mr. Speaker, it is unbelievable. I am
glad that the Premier does speak from time to time and answer a few
questions so that we can get to have a real look at the real leadership and
the new approach. They needed the managers so badly last week, they had to
cross picket lines so they could sit in the galleries so others could not
get in.
Mr. Speaker, it is clear that the Premier
has not thought this legislation through to any degree at all. The penalties
are draconian, heavy-handed, punitive and vindictive, and you will find no
such penalties anywhere in any similar legislation in the free world. The
Premier has ensured that the penalties, once assessed, cannot even be
appealed.
I ask, again, of the Premier: If an
employee happens to be sick on the day the legislation is passed, and are
supposed to go back to work, are they going to be dismissed or can they get
a chance to speak to somebody and explain why they did not show up? It is
not in the bill.
MR. SPEAKER:
The hon. the Minister of Finance and the President of Treasury Board.
MR. SULLIVAN:
Thank you, Mr. Speaker.
I would like to add that the bill was
given notice. It has not been introduced even in this House at the moment
and there is an opportunity, I can tell him, in dealing with that bill to
answer questions. We did not have an opportunity to introduce that bill in
this House, other than to give notice. We did give the courtesy to the
Leader of the Opposition for him to have a copy of this in advance. I only
have a draft. I have not seen the final bill. I do not have it, I might add.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
The time assigned for Question Period is
slipping by.
A few seconds to the minister to complete
his answer.
MR. SULLIVAN:
Mr. Speaker, I have a copy of the bill that went to print. The bill is
tabled and circulated by the House of Assembly here, and it does not help
matters much when the Opposition are trying to inflame - the Leader of the
Opposition, and some of his people, spent a good part of Thursday, I think,
with the NAPE council, in their offices. That does not help matters, and
coming back here inflaming the situation. We want a co-operative environment
here. We want people to come back to work, and we are going to be, as any
government would be, reasonable -
MR. SPEAKER:
Order, please!
I ask the minister now to complete his
answer.
MR. SULLIVAN:
- in wanting its employees back to work.
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