Nursing home workers barred from strike until court hears province's appeal

New Brunswick's premier rejected calls by opposition parties for binding arbitration to settle a contract dispute involving thousands of nursing home workers hours after a court granted an order preventingunion members from striking in the near future.

A Court of Appeals judge decided the court will heara case about whether a lower court judge wrongly denied the province's request for an order effectively preventing the workers at 46 nursing homesfrom striking.

Justice Raymond French ruled he had sufficient doubt about the correctness of a decision by Court of Queen's Bench Justice Paulette Garnett.The lower court judge ruled Monday against the province's request for a stay of a disputed labour board ruling until a judicial reviewcan be completed.

French also agreed to a requested order that continues to keep the province'sEssential Services in Nursing Homes Act in force until the appeal is heardApril 17.

"I am convinced that a stay is appropriate," French said.

• Nursing home workers barred from strike until after Thursday
• Hundreds of nursing home workers, supporters demonstrate

He said if Garnett's decision is upheld by the appeals court, the order will end. If it is overturned, the stay order will continue until a judicial review of the 2018 labour board ruling is done.

Jodi Hall, executive director of the New Brunswick Association of Nursing Homes, said she was pleased with the outcome. The group represents thehomes involved in the contract dispute.

"It's critically important to us that we put the residents first in this matter, and we feel that the decision allows that," Hall said.

The court ruling leaves the sides awaiting the outcome of another court hearing with nocollective agreement negotiationsscheduled.

Union leaders expressed frustration following the ruling.

"This can't go on forever," saidSandy Harding, the regional director ofCUPEMaritimes.

The union, together with the Liberals, Green Party and People's Alliance called on the Higgs government to support binding arbitration to settle the labour dispute.

"We want to take the extraordinary step of coming out with the Greens on this and saying the government has to move on this," People's Alliance Leader Kris Austinsaid at ajoint news conference Thursdaywith Green Party Leader David Coon.

Blaine Higgsrejected the idea, saying it wouldn'tmake financial sense given how many other union contracts are up for renegotiation.

"That's not going to fix this," he said.

The workers, which include licensed practical nurses, resident attendants and support service workers, have been withouta contract for more than two years.

Theyvoted overwhelmingly in favour of a strike two weeks ago and gave strike notice. Thiswas followed just hours later bya temporary court order making a strike illegal.

What has followed since has been a back-and-forth court dispute between lawyers for the union and those for the province as well as protests by union members.

In a nutshell, the unionargues that going on strikeis a constitutional right, without which effective collective bargaining cannot happen.The province argues nursing home workers are essential, and the risk they'd go on strike could cause harm to residents.

Garnett had sided with the workers, based onthe no-strike order having been obtainedwithout the union lawyers present.

She also reasoned thatwhile the question of how many nursing home workers areessential is still one that has to be resolved in the courts, it could take years and would be unfair to deprive workers before then from going on strike.

Monday'scourt victory was short-livedthough. Almost immediately after the decision, the province served the union papers, saying it was seeking to appeal the decision.

Frenchgranted another stay, preventinga strikebefore he heardarguments for the leave to appeal.

"I feel he made the decision he felt was accurate in the circumstances," JolMichaud, lawyer for the union, said outside the courthouse. "It's certainly not the decision CUPE was looking for."

The province had requested an extended stay until a judicial review set for May 24 in Moncton of alabour board ruling. The board decision called the province's law deeming nursing home workers an essential service unconstitutional.

'Desperate'

The union's lawyersaid it's been frustrating to be forced back to court repeatedly by the province.

"They're sort of desperate to have the courts stop the union and its members from engaging in strike action,"JolMichaud,

Michaud has been arguing the right to strike is mostly a bargaining tool. Without it, the union would be powerless at the table, and the province would have no reason to give in to union proposals.

"In this context, there could never be an end in sight," he said.