Thank you, Mr. Speaker. Mr. Speaker, I would like to provide the Members with some information regarding documents that were recently tabled in this House. Some employees of the NWT Power Corporation had petitioned me to, apparently, request that their bargaining agent no longer be the Union of Northern Workers. I received further correspondence which suggests that this may not be what is
being requested but, rather, the employees would like the NWT Public Service Act to be amended to allow them to have the ability to select their bargaining agent. I am seeking clarification on this correspondence from the author and will provide the Members with further information when I receive it.
One statement that was made in the correspondence I received was that the Public Service Act violates the Charter of Rights and Freedoms as it does not allow employees to select their bargaining agent. This is not an accurate statement. The Public Service Act sets out the bargaining units within the public service and the bargaining agents that represent employees in the collective bargaining process. There is a specific Supreme Court of Canada decision on this issue. This is known as the Professional Institute of the Public Service of Canada or PIPSC decision. This case is the authority on this matter. It clearly states that the NWT Public Service Act does not violate the freedom of association provisions contained in the Charter. This decision states that while the Charter guarantees freedom of association this does not extend to guaranteeing how bargaining agents are to be selected.
As I stated earlier, I will update the Members when I have clarification on this matter. Thank you.