News Release

FREDERICTON (GNB) – The provincial government intends to file a motion with the Court of Queen’s Bench for a stay of a decision by the New Brunswick Labour and Employment Board with respect to the Essential Services in Nursing Homes Act.

“Our government feels the care provided to nursing home residents is an essential service,” said Social Development Minister Dorothy Shephard. “While the labour board has deemed a section of the legislation to be unconstitutional, we remain committed to doing all we can to ensure the safety and security of nursing home residents.

“The legislation has been in place for 10 years, but the board ruled in December that a section of the act is unconstitutional,” said Shephard. “The board subsequently denied the government’s request to suspend its decision in order for the government to be provided time to remediate the section of the act ruled unconstitutional, so we decided to request a stay of the board’s decision.”

Shephard said that while she respects the collective bargaining process and the right of unionized workers to strike, the government’s top priority remains ensuring nursing home residents are receiving the care they require and deserve.

“I believe firmly that the hard-working men and women who care for nursing home residents are entitled to the right to strike,” she said. “But I also believe very strongly that the service they provide should be designated essential so an appropriate number of essential staff are in place to ensure the safety and well-being of the residents.”

The provincial government will request the stay until it receives a ruling in the judicial review it requested last week. The province has asked the Court of Queen’s Bench to review the ruling by the Labour and Employment Board.

Shephard said she was pleased to learn the New Brunswick Association of Nursing Homes has formally asked the New Brunswick Council of Nursing Home Unions to return to the bargaining table on Monday.

“That is good news,” she said. “It is our understanding that the association’s last offer to the union was comparable to the most recent agreement with CUPE hospital workers and would ensure wage parity with employees performing similar functions in hospitals. There is only one way to reach an agreement – by having both sides at the table.”