March 20, 2014 Ms. Joan Jessome President NSGEU 255 John Savage Ave.

Dartmouth, NS B3B 0J3 Dear Ms. Jessome: Re: Media Reports of Potential Job Action

It has come to our attention through various media reports that members of Local 97 have been holding meetings at which they have discussed, with the approval and support of members of Local 97s executive team and its bargaining team, using mass resignations as a means of furthering Local 97s bargaining position. In fact, we understand that a motion was made at a meeting last night, attended by union staff, local 97 executive members and bargaining committee members, where this approach was discussed and approved. As you are aware, both the collective agreement (Articles 6.01 and 6.02) and the Trade Union Act (s. 50) prohibit unlawful strikes. As you are also no doubt aware, mass resignations have been held to constitute unlawful strikes ( Scarborough (Board of Education) v. O.S.S.T.F., [1983] O.L.R.B. Rep. November 1889). Therefore, should members of Local 97 (or other employees of CDHA represented by the NSGEU) submit mass resignations; the employer will take whatever legal action it feels appropriate to counteract such dangerous, unlawful behavior. Such action could include (although by no means is it limited to) an application to the Labor Board for a cease and desist order, a grievance under the collective agreement, disciplinary action against individual employees and complaints to the College of Registered Nurses of Nova Scotia regarding individual nurses who submit such resignations. Moreover, we also wish to put the union, and through the union its members, on notice that, should any employee resign pursuant to Article 24 of the collective agreement, the employer will rely on the strict wording of the collective agreement in responding to such resignations. In particular, Art. 24.01 states that employees must provide notice of their termination not less than two (2) weeks prior to the effective date of termination. Should employees provide less than the contractual notice required, they will be in breach of the collective agreement, and will not have the protection of Art. 24.05 which provides an employee with the option of withdrawing

her resignation three days after submitting it. Clearly, this language contemplates that the withdrawal of the resignation must occur before the effective date of the resignation. The employer does not have any obligation under Art. 24.05 to accept an employees withdrawal of a resignation after the effective date of the resignation. While the employer would retain discretion to do so, it remains precisely that at the employers discretion. Despite this lengthy analysis of mass resignations, we also wish to make clear that the employer will also respond the same way to any illegal job action, including concerted overtime refusals, sick calls, etc. Moreover, in your interview with Rick Howe this morning, you suggested that the mass resignations would be in response to legislation that the NSGEU anticipates the government may introduce. The employer wishes to make itself clear that whether the target of such job action is the employer directly or the Province indirectly through the employer is irrelevant. The employer will respond appropriately to any unlawful strikes, regardless of who the union sees as its target. Finally, we expect that the NSGEU will, given the potentially catastrophic consequences to public safety by such dangerous, unlawful job action, make an unequivocal public statement to its members, counseling them against such reckless behavior and making it clear that the union will not provide any support or assistance to members who take such action. Given the extreme urgency of the matter involved, we expect a letter by close of business day tomorrow, March 21, 2014, confirming that the NSGEU does not endorse such behavior and will be taking active steps to prevent its members from engaging in an unlawful strike. Yours truly,

Chris Power President and CEO Capital District Health Authority

Office of the President and C.E.O. Suite 2142, 1796 Summer Street, Halifax, NS B3H 3A7Tel: (902) 473-2240 Fax: (902) 4733368chris.power@cdha.nshealth.ca