Interest Based Negotiations:
Facilitated bargaining between the Nova Scotia Council of Nursing Unions, Nova Scotia Health and the IWK Health Centre

In July of this year, members of the Nova Scotia Council of Nursing Unions voted in favour of a collective agreement that was reached via the processes of traditional face-to-face bargaining and interest-based negotiations (IBN). The following article is a summation of the IBN process, noting how both sides of the table gained a greater appreciation for each other’s role and responsibilities.

The events of the past few years have highlighted challenges within the healthcare system in Nova Scotia. While the needs of patients will always be at the forefront, employees concerns’, such as recruitment and retention, burnout, and safety have caused stakeholders to take notice and identify that change is needed, including in how bargaining is done.  

In the winter of 2022-2023 Nova Scotia Health (NSH), IWK Health Centre (IWK), and the Nova Scotia Council of Nursing Unions (NSCNU) were preparing to bargain their collective agreement. They knew that, given the climate of healthcare and the needs of nurses, the focus needed to be on more than getting a deal—they needed to focus on improving labour relations between the parties. 

The parties reached out to Conciliation and Mediation Services (CMS), a neutral third party that provides impartial conciliation and alternative dispute resolution services to labour and management in unionized private and public sector workplaces in Nova Scotia, to explore alternative forms of bargaining and were particularly interested in IBN. CMS partnered with the Federal Mediation and Conciliation Services (FMCS) to discuss this option with the parties. Regional FMCS Director, Barney Dobbin, FMCS Conciliator Robin MacLean, and CMS Conciliation and Mediation Officer Alexandra Connor facilitated an interactive workshop, bringing NSH, IWK, and the NSCNU (NSNU, NSGEU, CUPE and Unifor) together to prepare them for the interest-based approach to bargaining. 

This training included activities to show the differences between position-based negotiating and IBN: practicing teamwork across the table to reach consensus; and focusing on the issue needing resolution while identifying multiple solutions and how this can allow them to reach a more thorough and successful outcome than when focusing solely on a position. From this workshop NSH, IWK, and NSCNU decided to move forward with IBN.

With Barney, Robin, and Alex facilitating, the parties began the IBN process in February 2023, tackling issues spanning from workplace safety to career pathing and mentorship to vacations to supporting diversity, and more. In June 2023 the parties completed the IBN process and moved forward with traditionally negotiating the financial aspects of the agreement. 

The parties reached an impasse on financials and made a request to the Minister of Labour, Skills, and Immigration for Conciliation. In July 2023 the parties were able to meet with CMS Conciliation Officers Rick Rose and Alexandra Connor and work through their impasse to a tentative agreement. This agreement was soon ratified by the membership. 

Throughout the process nurses shared how valuable it was to hear directly from employer leadership their genuine concern for nurses, and employer representatives shared how valuable it was to hear from and have input by those who do the nursing work everyday.  Leadership from NSH, IWK, and the NSCNU all spoke to the group thanking everyone for their hard work and collaboration through the process. 

IBN allowed the parties to work together, have deep and meaningful conversations about the workplace and their mutual goals of improving collective agreement terms, and ultimately the work environment, for nurses. The commitment shown by all involved showed a desire to continue to work together to improve the workplace, work through challenges, and strengthen their labour relationship.