Nursing home workers barred from strike until after Thursday

Nursing home workers won't be able to go on strike until after Thursday, if at all, after a topsy-turvy day Monday in their contract dispute with the province of New Brunswick, management and nursing home owners.

At first, the 4,100 CUPE members were victorious when Justice Paulette Garnett refused to extend a court order that kept them on the job for the past 10 days.

But the province quickly announced it would appeal the judge's decision and sought another stay until its motion for appeal could be heard. 

Although the union does have a strike mandate and gave strike notice once, before the 10-day stay, it reiterated on Monday that it wants to return to the bargaining table.

Lawyers for both CUPE and the province appeared in court again late Monday afternoon before Justice Raymond French of the New Brunswick Court of Appeal.

Stay granted

French granted the province's request for a stay until Thursday.

Earlier in the day, Garnett rejected a request from the province and the New Brunswick Nursing Home Association to extend the 10-day stay granted earlier this month of a labour ruling favourable to the union.

Social Development Minister Dorothy Shephard responded by saying the province "has no choice" but to appeal.

"Extending the stay order would have given residents and their families peace of mind that no legal strike activity can take place," the statement read.

Appearing before French on the matter of the additional stay, CUPE lawyer Jöel Michaud and the province's lawyer, Christian Michaud, both reiterated the arguments they made before Garnett on Friday. 

The government said nursing home workers provide an essential service, and the safety of nursing home residents continues to be Shephard's primary concern.

The workers voted two weeks ago in favour of a strike for higher pay and better conditions. After they gave strike notice, the province went to the Court of Queen's Bench and got the order for the 10-day stay.

On Monday, Garnett rescinded that order because CUPE lawyers were not present when it was made. 

CUPE, which represents licensed practical nurses, resident attendants and support workers, argued at a hearing Friday that the stay undermined its ability to bargain. 

Judge criticizes prolonged talks

There was a "failure for full and frank disclosure" by the province's lawyer to CUPE's lawyers, she said. She also said the nursing home association and the province must each pay CUPE $2,500.

Garnett said prolonged bargaining and contract talks, dating back to 2011, have caused "irreparable harm" to nursing home union workers. 

"It is accepted that residents of nursing homes are vulnerable," she said. "But they, too, have an interest in prompt and satisfactory solution to labour disputes."

Jodi Hall, a spokesperson for the New Brunswick Association of Nursing Homes, said it has had the residents' interests in mind.

A statement released by the association late Monday evening said it was disappointed with Garnett's ruling earlier in the day, but relieved the stay has been extended to Thursday.

"We have done everything possible to ensure the security, safety and comfort of residents during this
uncertain time," the statement read.

The association said it would continue to be at the bargaining table and hopes to reach an agreement without labour action.

In December 2018, a labour board decision said that a 2009 law forcing most nursing home workers to stay on the job during a strike violated collective bargaining rights. 

The New Brunswick government wanted the stay extended until a judicial review of the labour board decision is complete, but it's not clear how long that could take. 

People's Alliance Leader Kris Austin released a statement in response to Garnett's ruling, urging the province to come to a "fair and quick resolution."

"If both parties can't find common ground, I urge the government to go to binding arbitration."