Labour Board Tosses CUPE Complaint Over Back-To-Work Order

The New Brunswick Labour and Employment Board has dismissed a complaint by CUPE New Brunswick over the province’s back-to-work order for striking health care and laundry workers.

The Higgs government implemented a mandatory order on Friday, saying the strike action was having a “significant impact” on the health care sector.

Under the order, health care and laundry workers in CUPE locals 1252, 1190 and 1251 were required to return to work at their next scheduled shift starting Friday night.

CUPE filed a complaint with the board on Sunday, alleging the province was using “intimidation and threat” to keep employees from “exercising their right to strike” under the Public Service Labour Relations Act.

The province initially responded by saying that the board lacked jurisdiction to consider the order under the act. It also said that the order is lawful under the act and denied the union’s allegations.

In dismissing the complaint, board chairperson David Mombourquette said the board is not satisfied that the province violated the act.

According to the board’s decision, the reasons for the ruling will follow at a later date.

Meanwhile, thousands of other CUPE New Brunswick workers remain on the picket line, including school bus drivers, custodians, educational assistants, social workers, and corrections officers.

Pensions remain a major sticking point, with the province wanting to move the two school-based groups to its shared-risk plan, and CUPE wanting the issue off the table.

But the two sides have moved closer to one another on the issue of wages. The province’s most recent offer included an annual two per cent wage increase over five years, plus a 25-cent hourly wage adjustment each year, while CUPE made a similar counter-offer with a 50-cent hourly wage adjustment in years four and five.

As of Monday morning, no new talks had been scheduled between CUPE and the Higgs government.