MS JONES:
Thank you, Mr. Speaker.
Mr. Speaker, at the risk today of
being deemed a traitor, I will try to address the few
more questions to the Premier with regard to the Upper
Churchill deal.
Mr. Speaker, yesterday the Quebec
Minister of Natural Resources confirmed that her
province will not reopen the Upper Churchill deal.
I ask the Premier today:
What is the next course of action
for the Province? Is there enough strength in the claim
that you are professing to take this case to the Supreme
Court?
MR. SPEAKER:
The hon. the Deputy Premier.
SOME HON. MEMBERS:
Hear, hear!
MS DUNDERDALE:
Thank you, Mr. Speaker.
Mr. Speaker, CF(L)Co did not ask
the Government of Quebec to reopen the Upper Churchill
contract.
What CF(L)Co has done, Mr.
Speaker, was asked Hydro-Quebec to reopen the Upper
Churchill contract. They have given a timeline of
January 15 to get a response in writing. Mr. Speaker,
they will wait until they hear formally from
Hydro-Quebec. They understand clearly what options they
have open to them at CF(L)Co and, as Mr. Martin has
said, they will make a decision on next steps at that
time.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
The minister must be the only one
in the country that is not tuned in. I think we all
heard it all over the national news in the last day that
it is not on, they are not prepared to open it.
I ask the minister:
What is the next course of action
for the Province? If there is strength in your claim,
you must have a plan B. What is the plan B?
MR. SPEAKER:
The hon. the Deputy Premier.
SOME HON. MEMBERS:
Hear, hear!
MS DUNDERDALE:
Thank you, Mr. Speaker.
Mr. Speaker, we have to keep going
over this same ground again because the Opposition
really does not get it; nor do their former supporters
and members of their party and members of former
governments get it.
Mr. Speaker, we did research for
three years and we came to a conclusion that there was a
strong case, we felt, under Quebec’s civil law on good
faith. We held a meeting with CF(L)Co where orally we
presented that information to them. CF(L)Co then went,
got their own legal opinions, Mr. Speaker, and they have
decided on a course of action. This action lies solely
within the purview of CF(L)Co, Mr. Speaker, not the
Government of Newfoundland and Labrador.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Let us talk about the information,
because when I asked yesterday in the House of Assembly
to have legal opinions and information tabled for the
people of the public in Newfoundland and Labrador to see
what was happening, I was told by the Premier that this
was confidential and that it had not been shared with
CF(L)Co. However, on Monday, Mr. Speaker, in Hansard,
the Premier said, and I quote, "…we feel that we need to
pursue this and the best way to pursue this is in good
faith. The best way to pursue good faith is to have this
information passed over to CF(L)Co."
So we got Monday’s version, we got
Tuesday’s version, let’s hear Wednesday’s version,
Minister: Do Hydro-Quebec and
the people of Quebec have the information or do they
not?
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
The hon. the Deputy Premier.
SOME HON. MEMBERS:
Hear, hear!
MS DUNDERDALE:
Mr. Speaker, once again the
Government of Newfoundland and Labrador has been
researching good faith for over three years. We feel
that there is a very strong case where we can take issue
with the Upper Churchill contract. We held a meeting -
the Department of Justice had a meeting with CF(L)Co
principles. They orally shared with them the information
they had found.
MS JONES:
(Inaudible).
MS DUNDERDALE:
There is more than one way of
communicating, I say to the Leader of the Opposition.
Now I know they got trouble reading and I know they got
trouble listening, but I am going to keep trying. There
is more than one way to communicate information. Once
that communication was made –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS DUNDERDALE:
- to CF(L)Co, CF(L)Co went and got
their own opinions. It is on those opinions, Mr.
Speaker, that their actions are based.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
It is quite obvious that they did
give CF(L)Co the information. We did not ask you if you
gave it to them in writing, if you flew it to them,
delivered it to them, gave it to them orally or whatever
the case was. We are asking
that the people of this Province have the information
available to them that is now available to the people of
Quebec, through the shareholders of CF(L)Co, because
they have the information. We do not have any of the
information. All we have to go on is a claim in a press
conference made by the government and by the head of
Nalcor. We have nothing to substantiate it.
MR. SPEAKER:
Order, please!
The hon. the Minister of Health
and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Thank you, Mr. Speaker.
As indicated by the Deputy
Premier, this review began in 2006 under the now
Minister of Finance. We met, Mr. Speaker, on numerous
occasions with the lawyers in Montreal. I have met with
these lawyers on at least six or seven occasions. Not
only have we reviewed the concept of good faith, as
outlined in article 1375 of the Quebec Civil Code, but
we have also looked at issues, Mr. Speaker, such as §
92(a) under recall issues, taxation issues. We have
looked at the contract itself, and at the end of the
day, Mr. Speaker, after extensive meetings with the
lawyers in Montreal, it was determined that good faith
is the way to go, if CF(L)Co chooses. That is what - as
indicated by the Deputy Premier, that will be their
purview.
As the Opposition House Leader is
aware, Mr. Speaker, in preparing a legal case there are
documents which are solicitor-client privileged and
opinions which are maintained for our own use. We will
maintain those opinions – for what it is worth, I can
state, Mr. Speaker, that in my opinion there is a strong
case. There is a case which stands a real possibility or
probability of success, and that will –
MR. SPEAKER:
Order, please!
MR. KENNEDY:
– be up to CF(L)Co if they determine
to proceed.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
It seems that the Minister of
Health carries all the files over there these days. So
maybe he has all the information that he has given to
CF(L)Co, and maybe now –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS JONES:
– he can give us the same
information. The people of the Province that you claim
to be standing up for.
Mr. Speaker, if he has looked at
all the contracts, and he has looked at all the clauses,
maybe he could tell us what precedents exist with regard
to the 1994 Quebec Civil Code that will allow us to have
some real legal claim in this situation. We know the
Premier said outside the House the other day they do
exist. Nobody can seem to find
them. So maybe the minister can tell us what they are
today.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
The hon. the Minister of Health
and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Mr. Speaker, I know that the
extensive research conducted by the Liberal Opposition
has failed to indicate - or to find a Supreme Court of
Canada case. In 1992, called the
Bank of Montreal versus Hydro-Quebec, where the duty
to act in good faith is recognized. Mr. Speaker, in
article 1375 it specifically recognized in this case at
the Supreme Court of Canada - and there was a previous
case called Houle which deals with this.
So, Mr. Speaker, perhaps the
Opposition, before they start spouting about things they
know nothing of, should conduct proper research. I would
suggest to the Leader of the Opposition that she should
consult her colleague next to her and get some good
advice.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
My learned colleague gives me
great advice everyday, I say to you, minister. Great
advice everyday, I say to you, minister, but what we did
not hear from you is what precedence exists since 1994
when the Civil Code of Quebec was changed.
Maybe, minister, if you have all
of that information there and they do exist, as the
Premier said in the foyer, well, maybe you can present
those cases to us in the House of Assembly.
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker.
One of the experts, or one of the
lawyers we have retained in this case is a Quebec jurist
by the name of Jean-Louis Baudouin who is considered to
be the leading expert in Quebec on civil contract
obligations. He has written a book called Les
Obligations.
Subsequent to the 1994 civil code,
Justice Baudouin outlines in his book - or the revised
version of his book - again, the concept of good faith,
and how article 1375 now recognizes that. He refers to
the same cases I talked about earlier. Again, I do not
mean to give lectures to the member opposite but she has
to understand how the law works, or she should let a
lawyer answer, but, Mr. Speaker, precedent contributes
to statute and statute can then lead to further
development of the law.
We have to be creative. What do
the Liberals want us to do, sit there and do nothing
about this contract which is stuck in our craw since
1969, a contract that was brought in by your government?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Here we go again! When there are
no answers, let’s get the theatrics going. Let’s do the
rant. Come on, Mr. Speaker, there is not one living,
breathing soul in this Province who does not want
redress on the Upper Churchill. There is not one living,
breathing soul, Mr. Speaker, who does not want to get
more money out of this contract if they could get it.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
I ask members for their
co-operation.
I ask the Leader of the Opposition
to pose her question.
MS JONES:
Absolutely, Mr. Speaker, with great
pleasure.
Mr. Speaker, let me ask the
minister this question and see if he can answer it
without the theatrics. They do not want to give the
people of the Province any legal opinions orally,
written, or any explanations or anything to substantiate
the claim that they are making in the public, although
they are prepared to give it to everyone else.
I ask him today: Is
he prepared to table the letter that was sent to
Hydro-Quebec and is he also prepared to table any
information that was given to CF(L)Co by the provincial
government so it can be disclosed to the people of the
Province, Mr. Speaker?
MR. SPEAKER:
The hon. the Deputy Premier.
SOME HON. MEMBERS:
Hear, hear!
MS DUNDERDALE:
Thank you, Mr. Speaker.
Mr. Speaker, there are no
documents that were presented to CF(L)Co, so there is
nothing to table. The second thing is, Mr. Speaker, we
did not send a letter to Hydro-Quebec. CF(L)Co sent the
letter to Hydro-Quebec, Mr. Speaker, and if they want
the letter than they should ask CF(L)Co for the same.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
They do not read briefing notes;
they do not write anything down. So I guess it is hard
to get a paper trail over there.
Anyway, Mr. Speaker, my next
questions are for the Minister of Labour. There is
currently a strike taking place on the Burin Peninsula
that is having a significant impact on fourteen NAPE
workers and fourteen clients who are disabled that they
assist through the Support Employment Program. Mr.
Speaker, this strike involves unionized workers and they
are striking simply because Treasury Board and the
government opposite is attempting to strip their
contracts and remove them from the provincial government
classification system, which was a commitment they made
to these workers two years ago.
I ask the minister today:
Why is government reneging on this
commitment and why are you not prepared to sign onto the
commitment you made to these workers two years ago?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Thank you, Mr. Speaker.
I think all of us, the employer
corporation down in Burin, the union, the government,
the people of Newfoundland and Labrador are obviously
concerned about the people with disabilities who have
been adversely impacted by the fact that the support
workers have gone on strike.
Mr. Speaker, in this particular
case, government is not the employer here. The employees
are employees of the Burin Marystown Community Training
and Employment Board. Government is simply the
negotiator. NAPE in this case is the bargaining agent
for the employees and because this union happened to be
certified, because NAPE happened to be certified under
the Public Service Collective Bargaining Act, government
is named as the bargaining agent for the employer. So
government is the negotiator here. In this particular
case, the employer has offered a 20 per cent wage
increase over four years. I think that most people would
agree that in this very uncertain economic time, in this
economic climate, this is an offer that is more than
fair and reasonable.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the Opposition
MS JONES:
Thank you, Mr. Speaker.
The minister knows that these
workers do fall under the Public Service Collective
Bargaining Act, therefore, as a minister in a government
you have a responsibility here to negotiate with them.
Mr. Speaker, if
the government claims that they are concerned, why are
you refusing to move away from the demand that you have
on the table right now, which is to remove them from the
classification system, a clause that your government,
when you were the minister, insisted be in their
contract two years ago?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Thank you, Mr. Speaker.
The government’s classification
system – I emphasize again that the employees are
employees of the Burin Marystown employment corporation;
they are not public sector employees. I know the
president of NAPE has indicated that in The Telegram
today; I know it has been mentioned in the media
today. The employees work for the employer corporation;
they are not public sector employees.
The classification is essentially
all about compensation. There are many issues that were
discussed as part of negotiations, but it came down to
compensation. Classification, in effect, is all about
compensation. In this particular case the employer
corporation has offered 20 per cent over four years,
which most people in this Province would consider most
fair and reasonable.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I think it is rather unfortunate.
These workers are paid only between $9 and $10 an hour
for the work that they do. There are fourteen people
with disabilities today whose lives have been disrupted
because government is refusing to back away from one
clause in this agreement.
I say to you, Minister: It is your
responsibility; it is your obligation.
Will you not now agree to leave
the clause in the contract, the very clause that not
just your government negotiated, but you as a minister
signed on to two years ago and let these people get back
to work?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, I believe the letter
that the hon. member refers to is a letter that was
signed not by me, as the President of the Treasury
Board, it was signed by the chair of the Burin Marystown
employment corporation.
Mr. Speaker, there are twenty
employment corporations throughout Newfoundland and
Labrador who do very valuable work. What they do is they
hire people as job support or work facilitators who work
in turn with people who have disabilities and they in
turn work in the workplace and they are supported.
Government is very supportive of
these employment corporations. Three of them are
unionized - one in Stephenville, one in Port aux
Basques, and the one down in Burin. Government is
supportive. We provide funding. Services Canada provides
funding to enable these employment corporations to
operate. Government provides funding to hire the workers
and that funding has increased this year by an extra
$600,000 –
MR. SPEAKER:
Order, please!
MR. T. MARSHALL:
- so more people can be served by the
program.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
My questions are for the Minister
of Environment.
Mr. Speaker, this past summer the
citizens of the Province formed a committee called: Save
Our People Action Committee. It was formed to help save
lives of people who are travelling on our highways in
Newfoundland and Labrador and reduce the number of
moose-vehicle accidents that are occurring.
I ask you today, Minister:
Why have you not taken any steps
to act on the recommendations that they have put forward
to you?
MR. SPEAKER:
The hon. the Minister of Environment
and Conservation.
SOME HON. MEMBERS:
Hear, hear!
MS JOHNSON:
Thank you, Mr. Speaker.
Mr. Speaker, first of all let me
say, and I am sure I speak on all members of the House
of Assembly, that our deepest sympathies go to those who
have lost their lives in moose-vehicle accidents and, of
course, we are deeply concerned for those who have been
injured in such accidents as well.
Mr. Speaker, we have done
extensive research on this issue. In fact, back in 2004
there was a comprehensive, strategic document that was
prepared that outlined six items. The Department of
Environment and Conservation in conjunction with the
Department of Transportation and Works, we have acted on
all six of those recommendations, Mr. Speaker. We will
continue to conduct research and continue to ensure that
we have reduced the number of moose-vehicle accidents in
the Province.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I think that every person in this
Province have been affected by an accident on a highway
with a moose; either with someone they know or someone
they love or themselves.
Mr. Speaker, many of these people
feel that whatever actions the minister claims she has
taken is not adequate. This week I presented petitions
of 26,000 people in this House of Assembly that feel
that not enough is being done.
I ask the minister again today:
Will she take this issue
seriously? Will she start acting on the recommendations
that have been put forward by this committee? In the
meantime, I ask her to table the full document of 2004
and outline the actions government has taken so far.
MR. SPEAKER:
The hon. the Minister of Environment
and Conservation.
SOME HON. MEMBERS:
Hear, hear!
MS JOHNSON:
Mr. Speaker, I agree with the
Opposition member. I am sure every one of us has been
impacted in one way or another; some, more severely than
others. Again, our deepest sympathies go out to these
people.
In terms of the information that
was in the report, I can list the six actions for you:
The first one was to have a high impact public awareness
campaign. Our government did do that back in 2003. We
have the Be Moose Aware campaigns through NTV. We have
the moose hotline. We have the placemats through the TCH
and so on and so forth. One of the other ones was
talking about targeted driver education that of course
ties into the public awareness. Enhance the highway
signage and brush cutting were the other two. Certainly,
my colleague from Transportation and Works can
eloquently speak to those. Population monitoring, we do
on a frequent basis. We do censuses, hunter trends, we
do population modelling, and six is improving reporting
on accidents, which we do and we recently produced a map
which we can further work towards reducing these
accidents. We can speak more to that this afternoon.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
There is nothing wrong with a
public awareness campaign around this issue and it
should be and it should be a strong one with great
messaging, but obviously the actions taken by the
government alone is not satisfying the public nor is it
reducing the number of accidents on our highways or the
number of fatalities on our highways because of
moose-vehicle accidents.
I ask you today, Minister:
Are you prepared to take the
recommendations of this committee seriously and move
forward with implementing some of them within very short
order?
MR. SPEAKER:
The hon. the Minister of Environment
and Conservation.
SOME HON. MEMBERS:
Hear, hear!
MS JOHNSON:
Mr. Speaker, as a government we take
this issue very seriously. This is people’s lives
involved here and it is something that we definitely
take very seriously.
In terms of some of the actions
that are taking place, and certainly my colleague can
speak to this, there has been a major emphasis on brush
cutting, and any of you who drive on the highway you
know that this is very effective at least, in my mind,
it is very effective. There has also been increased
signage. There has been increased public awareness.
One of the things that we often do
as well is speak to other jurisdictions, both nationally
and internationally, and this is no different under our
Administration than when the Liberals were in power
because I know that there was some work being done,
talking to other Administrations and jurisdictions at
that time. The one key thing that comes out of that
finding is the number one thing that you can do to
attempt to reduce moose-vehicle accidents is have a very
valid and effective public awareness campaign.
MR. SPEAKER:
Order, please!
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of The Straits & White Bay North.
MR. DEAN:
Mr. Speaker, we are all aware that
the House of Commons were debating potential NAFO
amendments that could have a significant impact on our
fishery here in Newfoundland and Labrador. I am certain
that all members in this House share the same concerns
as it relates to these possible changes. Last week, that
debate was suddenly halted by the federal government.
Given that the lifeblood of rural
Newfoundland has always been the sea, I ask the Minister
of Fisheries: Have you spoken
with your federal counterpart on this issue and have you
been given any indication as to why this debate was
suspended last Tuesday?
MR. SPEAKER:
The hon. the Minister of Fisheries
and Aquaculture.
SOME HON. MEMBERS:
Hear, hear!
MR. JACKMAN:
Thank you, Mr. Speaker.
One of the items, certainly, that
I have been briefed on since I come into this portfolio
is the exact item that the hon. member has brought
attention to.
Let me outline for him, Mr.
Speaker, some of the actions that have been taken.
Former minister, Minister Hedderson, made three
representations in Ottawa on this particular convention.
The Premier has contacted Prime Minister Harper. Our
stand is very clear on this. We are not in agreement
with this convention. We fear that it will jeopardize
jurisdiction of our rights with inside the 200-mile
limit and, Mr. Speaker, we will continue to advocate
that stand.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of The Straits & White Bay North.
MR. DEAN:
Thank you, Mr. Speaker.
I appreciate that information, but
again, I would ask the Minister of Fisheries:
Have we been given any indication
as to why it was suspended on last Tuesday?
MR. SPEAKER:
The hon. the Minister of Fisheries
and Aquaculture.
SOME HON. MEMBERS:
Hear, hear!
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
The Chair has recognized the
Minister of Fisheries and Aquaculture.
MR. JACKMAN:
Mr. Speaker, I think it is pretty
clear what our stand is on that. I have outlined what
actions have been taken by the former Minister of
Fisheries, by our Premier. Our stand is very clear. Mr.
Speaker, the answer to his question is, no.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of The Straits & White Bay North.
MR. DEAN:
Mr. Speaker, at a fisheries symposium
in Bonavista last week an FFAW representative stated,
and I quote: "Our costal communities are in trouble.
They are dying." Those words are of great concern to all
people in rural Newfoundland. Many of these people are
in my district. An example is the Town of Englee. Their
plant has not seen any activity for five years.
I ask the Minister of Fisheries
and Aquaculture: Are you
willing to reinstate the licences that were attached to
this historical operation at Englee?
MR. SPEAKER:
Order, please!
The hon. the Minister of Fisheries
and Aquaculture.
SOME HON. MEMBERS:
Hear, hear!
MR. JACKMAN:
Mr. Speaker, let me outline –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. JACKMAN:
Mr. Speaker, let me outline a few
facts for the new member in terms of what this
government has done. Our budget, Mr. Speaker, for the
Fisheries and Aquaculture department, $34 million; more
than the other three Atlantic Provinces combined.
SOME HON. MEMBERS:
Hear, hear!
MR. JACKMAN:
We have committed an $800,000
commitment to an MOU that would involve three partners:
the fisheries union, the processors, and government.
MR. SPEAKER:
Order, please!
I ask the hon. member to conclude
his answer.
MR. JACKMAN:
Mr. Speaker, this member does not
have to talk to any of us about what our commitment to
rural Newfoundland and Labrador is. We know what the
commitment is and the importance of the fishery to rural
Newfoundland and Labrador, and, Mr. Speaker, we will
continue (inaudible).
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Member for the
District of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you very much, Mr. Speaker.
Mr. Speaker, my questions are for
the Minister of Finance and Treasury Board. He has been
quizzed on the issue of the job coaches for people with
intellectual disabilities being on strike, and I want to
get some clarification from him.
Two years ago when they were in
negotiations, these same people with their union and the
board they work for, the Treasury Board insisted on
there being included with a contract a letter saying
that this group would be covered by the new
classification plan. The same minister was there at that
time, and as I understand it, the same people with
Treasury Board are all there.
So I ask the minister, Mr.
Speaker: Will he please give us a rationale for why all
these same people who insisted on inserting themselves
into the process and insisted on this letter around
classification are now saying it should be taken back?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, as I said, there are
twenty of these employment corporations. Three of them
have been unionized by NAPE, two have been unionized
under the – or they have been certified by the labour
relations agency under the Collective Bargaining Act.
Government has no involvement in the negotiations of
those contracts, but in this particular case in Burin,
NAPE was certified by the labour relations agency under
the Public Service Collective Bargaining Act. As a
result of that, government is the negotiator. NAPE is a
negotiator for the employees, but government is
designated as the negotiator for the employer.
Any letters that were given were
not given by government. These are not public sector
employees. They are not employees of government. These
job coaches are employees of the employment corporation
and it is the chair of the corporation that has provided
this letter to (inaudible).
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Wait now, Mr. Speaker, I am really
confused, because I thought I heard the minister say to
the Leader of the Opposition earlier that government was
not involved in the negotiations, that it was the board
and NAPE who were involved in negotiations. Now he is
saying government was involved, as indeed they were.
I am going to ask the minister
then, as the Minister of Finance dealing with a
situation where you have workers who are covered by the
Public Service Collective Bargaining Act, will he not
step in? He is responsible for Treasury Board as the
minister of the portfolio he is in, and he was two years
ago as well. Will he step in and tell Treasury Board to
take back this demand for the concession of removing
this letter from the contract?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Thank you, Mr. Speaker.
I know this is confusing but the
unions that are certified under the Labour Relations
Act, government has no involvement. Some employer out
there, some union organized and the employer – it would
be under the Labour Relations Act. Government, of
course, would have no involvement in those negotiations.
In this particular case, for some
reason the Burin employment corporation got certified
under the Public Service Collective Bargaining Act which
makes Treasury Board or makes government the negotiator.
We are not the employer, we are merely the negotiator.
We play the same role as NAPE plays for the employees;
we negotiate on behalf of the employer, NAPE negotiates
on behalf of the employee.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The time allotted for Oral
Questions has expired.