A New Brunswick judge has upheld a labour board ruling which found the Essential Services in Nursing Homes Act is unconstitutional.
Court of Queen’s Bench Chief Justice Tracey DeWare issued her ruling this week after a judicial review in May.
DeWare has also given the province until Jan. 2, 2020, to amend the legislation, meaning workers will not be able to strike until at least then.
The province filed for a judicial review of the labour board ruling in March after roughly 4,100 unionized workers at 46 nursing homes voted in favour of a strike.
Union Pleased With Ruling
CUPE New Brunswick said it is pleased with the ruling but wants the government to recall the legislature immediately to amend the law.
“The recruitment and retention crisis in nursing homes cannot wait six months,” said Sharon Teare, president of the New Brunswick Council of Nursing Home Unions, in a statement.
“We are asking the government to respect the will of workers and MLAs by initiating this process now so that we can finally resolve the crisis in our nursing homes.”
Government Considers Its Options
In a statement, Social Development Minister Dorothy Shephard said suspending the labour board decision until January will give nursing home residents and their families “peace of mind” while the government considers its options.
“As we have just received the decision, we will take the time to review it carefully, and decisions on next steps may be made at a later date,” said Shephard.
Shephard said she remains optimistic the two sides will be able to negotiate a new contract.
Follow
