Premier reneged on agreement, affidavit states
Published Saturday July 4th, 2009
SAINT JOHN - Premier Shawn Graham reneged on a verbal agreement with the province's doctors that they could accept a wage freeze after their new four-year deal expired, legal documents filed with the Court of Queen's Bench state.
In a meeting held March 11, Graham said he preferred the two-year wage freeze be implemented during the 2008-2009 and 2009-2010 fiscal years, David Balmain, executive director of the society, states in an affidavit.
But Graham said he would respect the New Brunswick Medical Society's negotiation process and, if the society preferred, the province would agree to the wage freeze for 2012-2013 and 2013-2014, Balmain states.
Instead, the province introduced the wage-freeze legislation without consulting the society, Balmain states in the affidavit.
The doctors officially took legal action against the province with a notice filed June 26 in Saint John.
The allegations in the affidavit have not been proven in court.
The province has a chance to respond and the parties will appear in court Aug. 6.
The doctors have threatened legal action ever since the Graham government drafted legislation to impose the two-year wage freeze last month. The bill now needs only to be officially proclaimed into law by the Liberals.
After months of negotiating, "our trust was misplaced," Dr. Ludger Blier, the society's president, said in a statement Thursday.
Balmain said he could not comment further now that the matter is before the courts.
A spokeswoman from the Health Department said minister Mary Schryer could not comment because it was a legal matter.
The legal notice filed by the society states the wage freeze is an infringement on its members' freedom of association under the Canadian Charter of Rights and Freedoms.
"The province has Bill 93 in the wings, as an 'agree with us or else solution,'"‚" Balmain's affidavit states, referring to the wage-freeze bill. He states the new law would prevent doctors' ability to bargain collectively and avail themselves of mediation and binding arbitration.
Through months of negotiations, the health minister at the time, Mike Murphy, raised no concerns about the worsening economy, the documents state.
In fact, the society said it would be willing to adjust its wage increases in the first two years, with higher increases in the last two, according to the court documents.
"The Minister of Health's designates responded that this was not necessary," Balmain stated in his affidavit.
In another affidavit, Blier said he left the same March 11 meeting "with the clear understanding" that the medical society "had the option to choose" when it wanted the wage freeze.
"NBMS felt that respect for the long-standing negotiation process was absolutely necessary to maintain trust in the relationship between the NBMS and the Province and to avoid a negative impact on efforts to recruit physicians to the Province," Blier's affidavit states.
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mr david balmain is a long time executive officer.
they both would be in the top 1% on the IQ scale of intelligence.
the govt wants everybody to believe (blier/balmain) misunderstood a very simple little discussion..
like
"yes/no ,you can have your contract and your choice of when to freeze"
this really stinks for new brunswickers. this is making national news right across the country.
somebody better fix this in a hurry
or
a lot of us could become "doctorless being in this place" .
My fear is that the Province will end up paying out less money because there will not be doctors to pay the money to, because they're going to leave for greener pastures.
The people in NB need doctors to heal patients, but the doctors don't need NB to make a living, they can go anywhere including the U.S. and make far more than NB is offering.
Shawn & company would have the people believe that things are so bad they cannot afford to pay the doctors, yet they can reach into their other pocket and find lots of money for Royal Oaks Golf Course, and let's not forget their corporate friends who continually have their hands out looking for a handout, while many ordinary working people rely on food banks to supplement the low wages being paid in NB.