David Raymond Amos @DavidRayAmos
Methinks its too bad so sad that my comment about Justice French was blocked the other day N'esy Pas?
https://davidraymondamos3.blogspot.com/2019/03/david-coon-suggests-nursing-home.html
https://www.cbc.ca/news/canada/new-brunswick/nursing-home-court-latest-strike-1.5063911
Nursing home workers barred from strike until court hears province's appeal
Premier Blaine Higgs rejects binding arbitration between nursing homes and 4,100 workers
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 preventing union members from striking in the near
future.
A Court of Appeals judge decided the court will hear a case about whether a lower court judge wrongly denied the province's request for an order effectively preventing the workers at 46 nursing homes from striking.
Justice Raymond French ruled he had sufficient doubt about the correctness of a decision by Court of Queen's Bench Justice PauletteGarnett. The lower court judge ruled Monday against the province's request for a stay of a disputed labour board ruling until a judicial review can be completed.
French also agreed to a requested order that continues to keep the province's Essential Services in Nursing Homes Act in force until the appeal is heard April 17.
"I am convinced that a stay is appropriate," French said.
Jodi Hall, executive director of the New Brunswick Association of Nursing Homes, said she was pleased with the outcome. The group represents the homes involved in the contract dispute.
Jodi
Hall, executive director of the New Brunswick Association of Nursing
Homes, says the group was pleased the court agreed Thursday to keep the
stay going. (Ed Hunter/CBC)
"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 no collective agreement negotiations scheduled.
Union leaders expressed frustration following the ruling.
"This can't go on forever," said Sandy Harding, the regional director of CUPE Maritimes.
Union leaders held a news conference Thursday, expressing disappointment with the court decision. (Shane Magee/CBC)
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 Austin said at a joint news conference Thursday with Green Party Leader David Coon.
BlaineHiggs rejected the idea, saying it wouldn't make financial sense given how many other union contracts are up for renegotiation.
"That's not going to fix this," he said.
Premier Blaine Higgs rejected calls from the opposition and union for binding arbitration to resolve the contract dispute. ( Joe McDonald/CBC)
The
workers, which include licensed practical nurses, resident attendants
and support service workers, have been without a contract for more than
two years.
They voted overwhelmingly in favour of a strike two weeks ago and gave strike notice. This was followed just hours later by a 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.
Joël Michaud, lawyer for the union, said the province is desperate to stop workers from using their right to strike. (CBC)
In
a nutshell, the union argues that going on strike is 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 on the no-strike order having been obtained without the union lawyers present.
She also reasoned that while the question of how many nursing home workers are essential 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.
Christian Michaud, lawyer for the attorney general, said his job is to act with the public's interest in mind. (CBC)
Monday's court
victory was short-lived though. Almost immediately after the decision,
the province served the union papers, saying it was seeking to appeal
the decision.
French granted another stay, preventing a strike before he heard arguments for the leave to appeal.
"I feel he made the decision he felt was accurate in the circumstances," Joël Michaud, 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 a labour board ruling. The board decision called the province's law deeming nursing home workers an essential service unconstitutional.
The union's lawyer said 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," Joël Michaud,
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.
CBC's Journalistic Standards and PracticesA Court of Appeals judge decided the court will hear a case about whether a lower court judge wrongly denied the province's request for an order effectively preventing the workers at 46 nursing homes from striking.
Justice Raymond French ruled he had sufficient doubt about the correctness of a decision by Court of Queen's Bench Justice PauletteGarnett. The lower court judge ruled Monday against the province's request for a stay of a disputed labour board ruling until a judicial review can be completed.
French also agreed to a requested order that continues to keep the province's Essential Services in Nursing Homes Act in force until the appeal is heard April 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
Jodi Hall, executive director of the New Brunswick Association of Nursing Homes, said she was pleased with the outcome. The group represents the homes involved in the contract dispute.
The court ruling leaves the sides awaiting the outcome of another court hearing with no collective agreement negotiations scheduled.
Union leaders expressed frustration following the ruling.
"This can't go on forever," said Sandy Harding, the regional director of CUPE Maritimes.
"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 Austin said at a joint news conference Thursday with Green Party Leader David Coon.
BlaineHiggs rejected the idea, saying it wouldn't make financial sense given how many other union contracts are up for renegotiation.
"That's not going to fix this," he said.
They voted overwhelmingly in favour of a strike two weeks ago and gave strike notice. This was followed just hours later by a 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.
Garnett had sided with the workers, based on the no-strike order having been obtained without the union lawyers present.
She also reasoned that while the question of how many nursing home workers are essential 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.
French granted another stay, preventing a strike before he heard arguments for the leave to appeal.
"I feel he made the decision he felt was accurate in the circumstances," Joël Michaud, 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 a labour board ruling. The board decision called the province's law deeming nursing home workers an essential service unconstitutional.
'Desperate'
The union's lawyer said 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," Joël Michaud,
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.
117 Comments
David R. Amos
Surprise Surpris Surprise
Methinks its too bad so sad that my comment about Justice French was blocked the other day N'esy Pas?
https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
I have crossed paths with Justice Raymond French in the past and I was very impressed at his willingness to listen to both sides and that his very fair decision amazed me Surprise Surprise Surprise N'esy Pas?
https://davidraymondamos3.blogspot.com/2019/03/david-coon-suggests-nursing-home.html
https://www.cbc.ca/news/canada/new-brunswick/nursing-home-strike-decision-1.5058879
Province, nursing home workers in court again after judge allows strike
Government loses bid to extend stay but says it will appeal
Thousands of nursing home workers in
New Brunswick were told Monday that they could go on strike, after a
judge refused to extend an order keeping them on the job.
But the news was immediately overtaken by the province's announcement that it will appeal the ruling, sending both sides in the contract dispute back to court.
Earlier in the day, Justice Paulette Garnett rejected a request from the province and the New Brunswick Association of Nursing Homes to extend the stay of a labour ruling favourable to the union until it can be reviewed.
New Brunswick's Social Development Minister Dorothy Shephard then released a statement saying the province "has no choice" but to appeal Garnett's decision.
"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.
Lawyers for both CUPE and the province appeared in court again late Monday afternoon, this time before Justice Raymond French of the New Brunswick Court of Appeal.
CUPE Lawyer Jöel Michaud and the province's lawyer, Christian Michaud, both reiterated the arguments they made before Garnett on Friday.
French said he is considering a stay until Thursday.
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, who are members of CUPE locals, 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 a 10-day stay.
On Monday, Garnett rescinded that order because CUPE lawyers were not present when it was made.
CUPE, representing 4,100 licensed practical nurses, resident attendants and support workers, argued at a hearing Friday that the stay undermined its ability to bargain.
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.
Negotiations stopped last week, but the union said Monday that it wants to return to the bargaining table.
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.
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."
But the news was immediately overtaken by the province's announcement that it will appeal the ruling, sending both sides in the contract dispute back to court.
Earlier in the day, Justice Paulette Garnett rejected a request from the province and the New Brunswick Association of Nursing Homes to extend the stay of a labour ruling favourable to the union until it can be reviewed.
New Brunswick's Social Development Minister Dorothy Shephard then released a statement saying the province "has no choice" but to appeal Garnett's decision.
"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.
Lawyers for both CUPE and the province appeared in court again late Monday afternoon, this time before Justice Raymond French of the New Brunswick Court of Appeal.
CUPE Lawyer Jöel Michaud and the province's lawyer, Christian Michaud, both reiterated the arguments they made before Garnett on Friday.
French said he is considering a stay until Thursday.
Province sees workers as essential
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, who are members of CUPE locals, 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 a 10-day stay.
On Monday, Garnett rescinded that order because CUPE lawyers were not present when it was made.
CUPE, representing 4,100 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.
Negotiations stopped last week, but the union said Monday that it wants to return to the bargaining table.
Garnett said prolonged bargaining and contract talks, dating back to 2011, have caused "irreparable harm" to nursing home union workers.
.
Jodi Hall, a spokesperson for the New Brunswick Association of Nursing Homes, said it has had the residents' interests in mind.
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."
230 Comments
Commenting is now closed for this story.
David R. Amos
Content disabled
Methinks in the spirit of full disclosure I have crossed paths with Justice Raymond French in the past and I was very impressed at his willingness to listen to closely to both sides and that his very fair decision amazed me.
Surprise Surprise Surprise N'esy Pas?
"Lawyers for both CUPE and the province appeared in court again late Monday afternoon, this time before Justice Raymond French of the New Brunswick Court of Appeal.
CUPE Lawyer Jöel Michaud and the province's lawyer, Christian Michaud, both reiterated the arguments they made before Garnett on Friday.
French said he is considering a stay until Thursday."
https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
Methinks my fellow seniors should consider all the news we are reading today then send a lot of questions to our MPs and MLAs ASAP during budget season N'esy Pas?
https://davidraymondamos3.blogspot.com/2019/03/david-coon-suggests-nursing-home.html
https://www.cbc.ca/news/canada/new-brunswick/georges-dumont-hospital-capacity-1.5060707
Both Moncton hospitals at over 100 per cent capacity
Part of problem continues to be patients taking up beds while they await another level of care
Overcrowding continues at the two hospitals in Moncton, with up to a quarter of beds in at least one of the hospitals being taken up by patients who don't need to be there.
Both the Dr. Georges-L.-Dumont and the Moncton Hospital say they are at an occupancy rate of over 100 per cent.
Gilles Lanteigne, the president and CEO of the Vitalité Health Network, said a lot of the overcrowding is the result of patients who may not need to be in hospital but have nowhere else to go.
"Unfortunately they don't have an alternative. So when you have 20 to 25 percent of your beds occupied by people not needing these services anymore it creates a bit of a tension."
Information Morning - Moncton
Patient overflow
00:00
09:19
Patients waiting in ER
Lanteigne said that the occupancy rate of more than 100 per cent means that in some units every bed is taken, and the hospital has added beds to some rooms or put beds in areas where there wouldn't normally be any.
The overcrowding has increased emergency room waiting times because people who need to be admitted have to wait until beds are freed up.
Lanteigne said staff are working to open up beds quickly, so people can be moved out of the ER.
This isn't the first time overcrowding has become a problem at the Georges Dumont.
In February, CBC News reported that the large number of vacancies at Vitalité has led to a 26 per cent jump in overtime by nurses at the network.
The New Brunswick Nurses Union said the situation could become "catastrophic" if the situation isn't solved.
Then just last week a nurse was attacked at the Georges Dumont and seriously injured.
Taxed system
Lanteigne said the overcrowding is not unique and the whole system is taxed.
He said it's important to get people out of hospital as soon as they are able to — and not only because of the bed crunch.
Staying in hospital too long can have a negative impact on a patient's quality of life, Lanteigne said.
"A person that's in a hospital waiting to go home, it's been demonstrated that every day that they stay in a hospital that is over-extended after they've been discharged, they're losing some some mobilization, that they're losing some autonomy."
With files from Information Morning Moncton
9 Comments
David R. Amos
Methinks my fellow seniors should consider all the news we are reading today then send a lot of questions to our MPs and MLAs ASAP during budget season N'esy Pas?
Perhaps we should consider this article in particular because if there is a strike the hospitals no doubt will be even busier in short order
https://www.cbc.ca/news/canada/new-brunswick/nursing-home-strike-decision-1.5058879
https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
Methinks Justice Paulette Garnett has certainly picked up speed in rendering her decisions since she was chastised by her peers N'esy Pas?
https://davidraymondamos3.blogspot.com/2019/03/david-coon-suggests-nursing-home.html
https://www.cbc.ca/news/canada/new-brunswick/nursing-home-strike-decision-1.5058879
Nursing home strike decision expected today
Decision affecting thousands of New Brunswick workers will be revealed at 1:30 p.m.
Justice Paulette Garnett will reveal
her decision today on whether to extend or rescind the Court of Queen's
Bench ruling that prohibited more than 4,000 New Brunswick nursing home
workers from striking for higher pay and better working conditions.
Garnett will hand down her ruling in court at 1:30 p.m.
Two weeks ago, more than 90 per cent of workers voted in favour of a strike for higher pay and better conditions. But the court of Queen's Bench granted a 10-day stay on March 10, preventing the workers from striking
The New Brunswick government wants the stay extended until a judicial review of the labour board decision is complete, but it's not clear how long that could take.
The union wants the stay rescinded so that its members can strike.
Garnett will hand down her ruling in court at 1:30 p.m.
Two weeks ago, more than 90 per cent of workers voted in favour of a strike for higher pay and better conditions. But the court of Queen's Bench granted a 10-day stay on March 10, preventing the workers from striking
.
In
December 2018, a labour board decision said that a 2009 law forcing
nursing home workers to stay on the job in the event of a strike
violates collective bargaining rights.The New Brunswick government wants the stay extended until a judicial review of the labour board decision is complete, but it's not clear how long that could take.
The union wants the stay rescinded so that its members can strike.
15 Comments
David R. Amos
Methinks my fellow seniors should consider all the news we are reading today then send a lot of questions to our MPs and MLAs ASAP during budget season N'esy Pas?
Perhaps we should consider this article in particular because if there is a strike the hospitals no doubt will be even busier in short order
https://www.cbc.ca/news/canada/new-brunswick/georges-dumont-hospital-capacity-1.5060707
David R. Amos
Methinks Justice Paulette Garnett has certainly picked up speed in rendering her decisions since she was chastised by her peers N'esy Pas?
https://www.cbc.ca/news/canada/new-brunswick/justice-paulette-garnett-chastised-for-very-late-decisions-1.2807772
Justice Paulette Garnett chastised for 'very late' decisions
Canadian Judicial Council says Justice Paulette Garnett will not face discliplinary action
Court
of Queen's Bench Justice Paulette Garnett was the subject of a
complaint by an unknown person to the judicial council last spring, a
year after CBC News reported on several of her overdue decisions.
"The judge had been very late in issuing reasons in a number of cases," the council said in a press release.
"Undue delays in rendering decisions can lessen public confidence in our justice system. ... The judge has acknowledged that she needs to do better in future, She is working to ensure that this situation does not happen again."
Garnett was appointed in 1998 and almost immediately began violating judicial council guidelines, which call for delivering judgments within six months of the conclusion of a hearing.
One of her first cases, a claim for back rent at the Bathurst Supermall made in August of 1998 wasn't decided on for nearly 13 months.
That became a familiar pattern to lawyers and parties in her courtroom for years to come.
In 2005, she presided over a one-day hearing between Fredericton's old Elm City Chrysler dealership, its owners and their bank to resolve questionable transactions. She delivered a decision two years and two months later.
In 2012, she took so long to decide whether employees of Fredericton's Jones Masonry had properly unionized, Gordon Petrie, the company's lawyer, eventually died.
Garnett's decision approving the union was eventually made a month after Petrie's funeral and 15 months after the original hearing, by which time the workers who had voted for the union had all left the company.
New
Brunswick Chief Justice David Smith finally intervened early in 2013,
restricting cases going to Garnett until she brought outstanding
decisions up to date.
It landed in Garnett`s courtroom in the summer of 2011 and she took nearly two years to decide part of the case could continue.
The decision took so long it became an issue at the next hearing when the university unsuccessfully tried to use it to argue former players were now too old to get a team back.
But even after the chief justice's interventions and publicity surrounding delays in her courtroom, Garnett continued to deliver slow rulings.
In August 2013, the dispute over who should win an NB Liquor agency store in Hanwell landed in front of her, a case she took more than seven months to rule on. That case apparently triggered the complaint which the judicial council finally acted on.
Garnett will work 'very diligently' to get decisions done
Robert Pidgeon, the senior associate chief justice of the Superior Court of Quebec, dealt with the complaint about Garnett's tardiness and a second complaint by Fredericton resident Andre Murray about Garnett's "attitude and demeanour" during his time in her court.
Norman Sabourin, the judicial council`s executive director, said Garnett had satisfied Pidgeon that she has improved and noted she had apologized to Murray for being "abrupt" with Murray.
We shouldn't have to wait for a citizen to make a complaint before inquiring into the conduct of a judge.- Norman Sabourin, Canadian Judicial Council"There was an undertaking by the judge to get some coaching and to work very diligently to get her decisions done," said Sabourin.
"The judge acknowledged that her conduct had been at issue. She made an undertaking it would not happen again. Chief Justice Pidgeon decided it was not a case that needed to go further."
Natalie LeBlanc, the registrar of New Brunswick's Court of Queen's Bench, said neither Garnett nor Smith would speak about the council's decision.
"I am advised that no further comment will be offered," LeBlanc told CBC News in an email.
Garnett`s extreme tardiness has been a sore spot in New Brunswick legal circles for 15 years and Sabourin says the case shows the need for the judicial council to respond to problem judges more quickly than it has in the past.
"We shouldn't have to wait for a citizen to make a complaint before inquiring into the conduct of a judge," said Sabourin.
"We think there should be the ability of a council member or the executive director to say, 'There's a concern here, there seems to be something happening and we`re going to initiate a review of that judge's conduct."
About the Author
https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
Perhaps Sharon Teare will listen to me but I am not betting on it for obvious reasons N'esy Pas Mr Higgs?
https://davidraymondamos3.blogspot.com/2019/03/david-coon-suggests-nursing-home.html
https://www.cbc.ca/news/canada/new-brunswick/essential-service-nursing-home-workers-1.5056864
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 17 Mar 2019 18:11:05 -0400
Subject: Perhaps Sharon Teare will listen to me but I am not betting
on it for obvious reasons N'es Pas Mr Higgs?
To: "tyler.campbell" <tyler.campbell@gnb.ca>, "Dorothy.Shephard"
<Dorothy.Shephard@gnb.ca>, "terry.seguin" <terry.seguin@cbc.ca>,
"blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@gnb.ca>,
nbcnhu-csfsnb@bellaliant.net, "robert.gauvin" <robert.gauvin@gnb.ca>,
"bruce.fitch" <bruce.fitch@gnb.ca>, "bruce.northrup"
<bruce.northrup@gnb.ca>, "Shane.Magee" <Shane.Magee@cbc.ca>,
"jean-claude.d'amours" <jean-claude.d'amours@gnb.ca>
Cc: David Amos <david.raymond.amos333@gmail.
Sharon Teare - President
506-609-1633
nbcnhu-csfsnb@bellaliant.net
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 17 Mar 2019 06:46:05 -0400
Subject: The RCMP, the CBC, Paul Harpelle and David Coon should
understand why Rick DeSaulniers the PANB union dude's name reminds me
of other people N'esy Pas Chucky Leblanc?
To: "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "darrow.macintyre"
<darrow.macintyre@cbc.ca>, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"denis.landry2" <denis.landry2@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>,
"dominic.leblanc" <dominic.leblanc@parl.gc.ca>, "Dominic.Cardy"
<Dominic.Cardy@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, "Mitton,
Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)"
<Kevin.A.Arseneau@gnb.ca>, "Kevin.leahy" <Kevin.leahy@rcmp-grc.gc.ca>,
"kris.austin" <kris.austin@gnb.ca>, Rick DeSaulniers
<sweetbends@gmail.com>, "michelle.conroy" <michelle.conroy@gnb.ca>,
Newsroom <Newsroom@globeandmail.com>, "Jody.Wilson-Raybould"
<Jody.Wilson-Raybould@parl.gc.
<robert.mckee@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
"greg.byrne" <greg.byrne@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>,
"Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>, "Gilles.Cote"
<Gilles.Cote@gnb.ca>, "dan. bussieres" <dan.bussieres@gnb.ca>,
"David.Lametti" <David.Lametti@parl.gc.ca>, "Nathalie.Drouin"
<Nathalie.Drouin@justice.gc.ca
<kathleen.roussel@ppsc-sppc.
<Michael.Wernick@pco-bcp.gc.ca
<Katie.Telford@pmo-cpm.gc.ca>, "Hon.Dominic.LeBlanc"
<Hon.Dominic.LeBlanc@canada.ca
<hon.ralph.goodale@canada.ca>, "Frank.McKenna" <Frank.McKenna@td.com>,
"larry.campbell" <larry.campbell@sen.parl.gc.ca
<Larry.Tremblay@rcmp-grc.gc.ca
"sylvie.gadoury" <sylvie.gadoury@radio-canada.
<pablo.rodriguez@parl.gc.ca>, "Catherine.Tait"
<Catherine.Tait@cbc.ca>, "Catherine.Harrop" <Catherine.Harrop@cbc.ca>,
"Catherine.McKenna" <Catherine.McKenna@parl.gc.ca>
Cc: David Amos <david.raymond.amos333@gmail.
<rick.desaulniers@gnb.ca>, "Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
"andrew.scheer" <andrew.scheer@parl.gc.ca>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>
Even you must recall Nathalie Des Rosiers of the CCLA and Special
Agent Richard Deslauriers of the FBI EH Chucky?
https://www.youtube.com/watch?
People's Alliance Fredericton-York MLA Rick Desaulniers meets Blogger!!!!!
69 views
Charles Leblanc
Published on Oct 23, 2018
https://www.cbc.ca/news/
David Coon suggests nursing home workers not fear essential-service designation
Being deemed essential won't hurt union's bargaining power, Green leader says
Hadeel Ibrahim · CBC News · Posted: Mar 15, 2019 7:00 AM AT
"People's Alliance MLA Rick DeSaulniers said it's "hard not to say"
nursing home workers are essential, but he believes the issue can be
resolved with the proper communication. He said the province dropped
the ball by not being involved in the discussions from the beginning.
"If they don't offer [arbitration] and then they end up getting a
court ruling that says these workers are essential, that just turns a
collective bargaining process into collective begging," DeSaulniers
said"
From: Harpelle, Paul (ENB)
Sent: Monday, April 07, 2014 4:22 PM
To: david.raymond.amos@gmail.com
Subject: Registration as an Independant Candidate
Mr. Amos
I have passed your application on to my co-worker who takes care of
the registry.
To make this official, you must still indicate and provide the second
part of the form within 20 days providing the name(s) of your official
agent and official representative.
They can be the same person.
Regards,
Paul Harpelle
Director of Communications & Community Outreach
Directeur des communications et Relations communautaires
Elections NB
Tel/tél 506-444-2105
Your Vote Counts- Votre vote compte
http://thedavidamosrant.
----- Original Message -----
From: "David Amos" <motomaniac333@gmail.com>
To: <Glenn.Greenwald@guardian.co.
"birgittaj" <birgittaj@althingi.is>; "ed.pilkington"
<ed.pilkington@guardian.co.uk>
<steven.blaney@parl.gc.ca>; "roger.l.brown"
<roger.l.brown@rcmp-grc.gc.ca>
Cc: "David Amos" <david.raymond.amos@gmail.com>
<DANIEL.POULIN@CHRC-CCDP.CA>; <abromberg@bnaibrith.ca>;
<habrams@pacificcoast.net>; "ndesrosiers" <ndesrosiers@ccla.org>
Sent: Sunday, August 18, 2013 10:54 PM
Subject: Snowden ain't got nothing on mean old me when it comes to
dealing with corrupt Feds and keeping one's Integrity as well
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sat, 15 Jun 2013 02:40:18 -0300
Subject: YO FBI Special Agent Richard Deslauriers I just called your
office and the nasty Yankee played dumb as usual
To: boston@ic.fbi.gov, washington.field@ic.fbi.gov, "bob.paulson"
<bob.paulson@rcmp-grc.gc.ca>, "Kevin.leahy"
<Kevin.leahy@rcmp-grc.gc.ca>, Brian.Kelly@usdoj.gov,
us.marshals@usdoj.gov, Fred.Wyshak@usdoj.gov, jcarney
<jcarney@carneybassil.com>, bbachrach@bachrachlaw.net
Cc: David Amos <david.raymond.amos@gmail.com>
<birgittaj@althingi.is>, shmurphy@globe.com, Red Ice Creations
<redicecreations@gmail.com>
Clearly I am not joking
Just Dave
By Location Visit Detail
Visit 19,571
Domain Name (Unknown)
IP Address 153.31.113.# (FBI Criminal Justice Information Systems)
ISP FBI Criminal Justice Information Systems
Location Continent : North America
Country : United States (Facts)
State : West Virginia
City : Clarksburg
Lat/Long : 39.2664, -80.3097 (Map)
Language English (U.S.) en-us
Operating System Microsoft WinXP
Browser Internet Explorer 8.0
Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
CLR 2.0.50727; .NET CLR 3.0.04506.648; .NET CLR 3.5.21022; InfoPath.2;
.NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; .NET CLR 1.1.4322; MS-RTC
LM 8; .NET4.0C; .NET4.0E)
Javascript version 1.3
Monitor Resolution : 800 x 600
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Search Engine google.com
Search Words jp morgan and "andrew kosloff"
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Visit Exit Page http://davidamos.blo...-
Out Click
Time Zone UTC-5:00
Visitor's Time Jun 12 2013 4:00:01 pm
Visit Number 19,571
On 6/15/13, David Amos <motomaniac333@gmail.com> wrote:
> FBI Boston
> One Center Plaza
> Suite 600
> Boston, MA 02108
> Phone: (617) 742-5533
> Fax: (617) 223-6327
> E-mail: Boston@ic.fbi.gov
>
> Hours
> Although we operate 24 hours a day, seven days a week, our normal
> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m., Monday
> through Friday. If you need to speak with a FBI representative at any
> time other than during normal business hours, please telephone our
> office at (617) 742-5533.
>
>
> ---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Mon, 10 Jun 2013 01:20:20 -0300
> Subject: Yo Fred Wyshak and Brian Kelly your buddy Whitey's trial is
> finally underway now correct? What the hell do I do with the wiretap
> tapes Sell them on Ebay?
> To: Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov,
> Fred.Wyshak@usdoj.gov, jcarney <jcarney@carneybassil.com>,
> bbachrach@bachrachlaw.net, michael wolfheart
> <wolfheartlodge@live.com>, jonathan.albano@bingham.com,
> shmurphy@globe.com, mvalencia@globe.com
> Cc: David Amos <david.raymond.amos@gmail.com>
> <oldmaison@yahoo.com>, PATRICK.MURPHY@dhs.gov, rounappletree@aol.com
>
>
http://www.bostonglobe.com/
>
> http://www.cbc.ca/news/world/
>
> As the CBC etc yap about Yankee wiretaps and whistleblowers I must ask
> them the obvious question AIN'T THEY FORGETTING SOMETHING????
>
> http://www.youtube.com/watch?
>
> What the hell does the media think my Yankee lawyer served upon the
> USDOJ right after I ran for and seat in the 39th Parliament baseball
> cards?
>
> http://archive.org/details/
>
> http://davidamos.blogspot.ca/
>
> http://www.archive.org/
>
> http://archive.org/details/
>
> FEDERAL EXPRES February 7, 2006
> Senator Arlen Specter
> United States Senate
> Committee on the Judiciary
> 224 Dirksen Senate Office Building
> Washington, DC 20510
>
> Dear Mr. Specter:
>
> I have been asked to forward the enclosed tapes to you from a man
> named, David Amos, a Canadian citizen, in connection with the matters
> raised in the attached letter.
>
> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>
> I believe Mr. Amos has been in contact with you about this previously.
>
> Very truly yours,
> Barry A. Bachrach
> Direct telephone: (508) 926-3403
> Direct facsimile: (508) 929-3003
> Email: bbachrach@bowditch.com
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 17 Mar 2019 18:11:05 -0400
Subject: Perhaps Sharon Teare will listen to me but I am not betting
on it for obvious reasons N'es Pas Mr Higgs?
To: "tyler.campbell" <tyler.campbell@gnb.ca>, "Dorothy.Shephard"
<Dorothy.Shephard@gnb.ca>, "terry.seguin" <terry.seguin@cbc.ca>,
"blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@gnb.ca>,
nbcnhu-csfsnb@bellaliant.net, "robert.gauvin" <robert.gauvin@gnb.ca>,
"bruce.fitch" <bruce.fitch@gnb.ca>, "bruce.northrup"
<bruce.northrup@gnb.ca>, "Shane.Magee" <Shane.Magee@cbc.ca>,
"jean-claude.d'amours" <jean-claude.d'amours@gnb.ca>
Cc: David Amos <david.raymond.amos333@gmail.
Sharon Teare - President
506-609-1633
nbcnhu-csfsnb@bellaliant.net
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 17 Mar 2019 06:46:05 -0400
Subject: The RCMP, the CBC, Paul Harpelle and David Coon should
understand why Rick DeSaulniers the PANB union dude's name reminds me
of other people N'esy Pas Chucky Leblanc?
To: "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "darrow.macintyre"
<darrow.macintyre@cbc.ca>, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"denis.landry2" <denis.landry2@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>,
"dominic.leblanc" <dominic.leblanc@parl.gc.ca>, "Dominic.Cardy"
<Dominic.Cardy@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, "Mitton,
Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)"
<Kevin.A.Arseneau@gnb.ca>, "Kevin.leahy" <Kevin.leahy@rcmp-grc.gc.ca>,
"kris.austin" <kris.austin@gnb.ca>, Rick DeSaulniers
<sweetbends@gmail.com>, "michelle.conroy" <michelle.conroy@gnb.ca>,
Newsroom <Newsroom@globeandmail.com>, "Jody.Wilson-Raybould"
<Jody.Wilson-Raybould@parl.gc.
<robert.mckee@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
"greg.byrne" <greg.byrne@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>,
"Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>, "Gilles.Cote"
<Gilles.Cote@gnb.ca>, "dan. bussieres" <dan.bussieres@gnb.ca>,
"David.Lametti" <David.Lametti@parl.gc.ca>, "Nathalie.Drouin"
<Nathalie.Drouin@justice.gc.ca
<kathleen.roussel@ppsc-sppc.
<Michael.Wernick@pco-bcp.gc.ca
<Katie.Telford@pmo-cpm.gc.ca>, "Hon.Dominic.LeBlanc"
<Hon.Dominic.LeBlanc@canada.ca
<hon.ralph.goodale@canada.ca>, "Frank.McKenna" <Frank.McKenna@td.com>,
"larry.campbell" <larry.campbell@sen.parl.gc.ca
<Larry.Tremblay@rcmp-grc.gc.ca
"sylvie.gadoury" <sylvie.gadoury@radio-canada.
<pablo.rodriguez@parl.gc.ca>, "Catherine.Tait"
<Catherine.Tait@cbc.ca>, "Catherine.Harrop" <Catherine.Harrop@cbc.ca>,
"Catherine.McKenna" <Catherine.McKenna@parl.gc.ca>
Cc: David Amos <david.raymond.amos333@gmail.
<rick.desaulniers@gnb.ca>, "Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
"andrew.scheer" <andrew.scheer@parl.gc.ca>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>
Even you must recall Nathalie Des Rosiers of the CCLA and Special
Agent Richard Deslauriers of the FBI EH Chucky?
https://www.youtube.com/watch?
People's Alliance Fredericton-York MLA Rick Desaulniers meets Blogger!!!!!
69 views
Charles Leblanc
Published on Oct 23, 2018
https://www.cbc.ca/news/
David Coon suggests nursing home workers not fear essential-service designation
Being deemed essential won't hurt union's bargaining power, Green leader says
Hadeel Ibrahim · CBC News · Posted: Mar 15, 2019 7:00 AM AT
"People's Alliance MLA Rick DeSaulniers said it's "hard not to say"
nursing home workers are essential, but he believes the issue can be
resolved with the proper communication. He said the province dropped
the ball by not being involved in the discussions from the beginning.
"If they don't offer [arbitration] and then they end up getting a
court ruling that says these workers are essential, that just turns a
collective bargaining process into collective begging," DeSaulniers
said"
From: Harpelle, Paul (ENB)
Sent: Monday, April 07, 2014 4:22 PM
To: david.raymond.amos@gmail.com
Subject: Registration as an Independant Candidate
Mr. Amos
I have passed your application on to my co-worker who takes care of
the registry.
To make this official, you must still indicate and provide the second
part of the form within 20 days providing the name(s) of your official
agent and official representative.
They can be the same person.
Regards,
Paul Harpelle
Director of Communications & Community Outreach
Directeur des communications et Relations communautaires
Elections NB
Tel/tél 506-444-2105
Your Vote Counts- Votre vote compte
http://thedavidamosrant.
----- Original Message -----
From: "David Amos" <motomaniac333@gmail.com>
To: <Glenn.Greenwald@guardian.co.
"birgittaj" <birgittaj@althingi.is>; "ed.pilkington"
<ed.pilkington@guardian.co.uk>
<steven.blaney@parl.gc.ca>; "roger.l.brown"
<roger.l.brown@rcmp-grc.gc.ca>
Cc: "David Amos" <david.raymond.amos@gmail.com>
<DANIEL.POULIN@CHRC-CCDP.CA>; <abromberg@bnaibrith.ca>;
<habrams@pacificcoast.net>; "ndesrosiers" <ndesrosiers@ccla.org>
Sent: Sunday, August 18, 2013 10:54 PM
Subject: Snowden ain't got nothing on mean old me when it comes to
dealing with corrupt Feds and keeping one's Integrity as well
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sat, 15 Jun 2013 02:40:18 -0300
Subject: YO FBI Special Agent Richard Deslauriers I just called your
office and the nasty Yankee played dumb as usual
To: boston@ic.fbi.gov, washington.field@ic.fbi.gov, "bob.paulson"
<bob.paulson@rcmp-grc.gc.ca>, "Kevin.leahy"
<Kevin.leahy@rcmp-grc.gc.ca>, Brian.Kelly@usdoj.gov,
us.marshals@usdoj.gov, Fred.Wyshak@usdoj.gov, jcarney
<jcarney@carneybassil.com>, bbachrach@bachrachlaw.net
Cc: David Amos <david.raymond.amos@gmail.com>
<birgittaj@althingi.is>, shmurphy@globe.com, Red Ice Creations
<redicecreations@gmail.com>
Clearly I am not joking
Just Dave
By Location Visit Detail
Visit 19,571
Domain Name (Unknown)
IP Address 153.31.113.# (FBI Criminal Justice Information Systems)
ISP FBI Criminal Justice Information Systems
Location Continent : North America
Country : United States (Facts)
State : West Virginia
City : Clarksburg
Lat/Long : 39.2664, -80.3097 (Map)
Language English (U.S.) en-us
Operating System Microsoft WinXP
Browser Internet Explorer 8.0
Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
CLR 2.0.50727; .NET CLR 3.0.04506.648; .NET CLR 3.5.21022; InfoPath.2;
.NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; .NET CLR 1.1.4322; MS-RTC
LM 8; .NET4.0C; .NET4.0E)
Javascript version 1.3
Monitor Resolution : 800 x 600
Color Depth : 32 bits
Time of Visit Jun 12 2013 5:00:01 pm
Last Page View Jun 12 2013 5:00:01 pm
Visit Length 0 seconds
Page Views 1
Referring URL http://www.google.co...
Search Engine google.com
Search Words jp morgan and "andrew kosloff"
Visit Entry Page http://davidamos.blo...-
Visit Exit Page http://davidamos.blo...-
Out Click
Time Zone UTC-5:00
Visitor's Time Jun 12 2013 4:00:01 pm
Visit Number 19,571
On 6/15/13, David Amos <motomaniac333@gmail.com> wrote:
> FBI Boston
> One Center Plaza
> Suite 600
> Boston, MA 02108
> Phone: (617) 742-5533
> Fax: (617) 223-6327
> E-mail: Boston@ic.fbi.gov
>
> Hours
> Although we operate 24 hours a day, seven days a week, our normal
> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m., Monday
> through Friday. If you need to speak with a FBI representative at any
> time other than during normal business hours, please telephone our
> office at (617) 742-5533.
>
>
> ---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Mon, 10 Jun 2013 01:20:20 -0300
> Subject: Yo Fred Wyshak and Brian Kelly your buddy Whitey's trial is
> finally underway now correct? What the hell do I do with the wiretap
> tapes Sell them on Ebay?
> To: Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov,
> Fred.Wyshak@usdoj.gov, jcarney <jcarney@carneybassil.com>,
> bbachrach@bachrachlaw.net, michael wolfheart
> <wolfheartlodge@live.com>, jonathan.albano@bingham.com,
> shmurphy@globe.com, mvalencia@globe.com
> Cc: David Amos <david.raymond.amos@gmail.com>
> <oldmaison@yahoo.com>, PATRICK.MURPHY@dhs.gov, rounappletree@aol.com
>
>
http://www.bostonglobe.com/
>
> http://www.cbc.ca/news/world/
>
> As the CBC etc yap about Yankee wiretaps and whistleblowers I must ask
> them the obvious question AIN'T THEY FORGETTING SOMETHING????
>
> http://www.youtube.com/watch?
>
> What the hell does the media think my Yankee lawyer served upon the
> USDOJ right after I ran for and seat in the 39th Parliament baseball
> cards?
>
> http://archive.org/details/
>
> http://davidamos.blogspot.ca/
>
> http://www.archive.org/
>
> http://archive.org/details/
>
> FEDERAL EXPRES February 7, 2006
> Senator Arlen Specter
> United States Senate
> Committee on the Judiciary
> 224 Dirksen Senate Office Building
> Washington, DC 20510
>
> Dear Mr. Specter:
>
> I have been asked to forward the enclosed tapes to you from a man
> named, David Amos, a Canadian citizen, in connection with the matters
> raised in the attached letter.
>
> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>
> I believe Mr. Amos has been in contact with you about this previously.
>
> Very truly yours,
> Barry A. Bachrach
> Direct telephone: (508) 926-3403
> Direct facsimile: (508) 929-3003
> Email: bbachrach@bowditch.com
David Coon suggests nursing home workers not fear essential-service designation
Being deemed essential won't hurt union's bargaining power, Green leader says
Listen to the full CBC New Brunswick Political Panel podcast by downloading from the CBC Podcast page or subscribing to the podcast in iTunes.
March 14: Should nursing home workers have the right to strike?
The province's 4,100 nursing home workers are in the embroiled in a contract dispute with the New Brunswick Association of Nursing Homes. The union and the provincial government are also fighting over whether the nursing home workers can go on strike. Liberal MLA Jean-Claude D'Amours, Green Party Leader David Coon and People's Alliance MLA Rick DeSaulniers discussed the dispute. The Progressive Conservatives did not send a representative to the panel.
Download March 14: Should nursing home workers have the right to strike?[mp3 file: runs 00:33:04]
Green Party Leader and MLA David Coon says he believes the province wants to deem nursing home workers an essential service because that may limit their ability to strike — a "strong bargaining chip" but one of last resort.
But even if the workers are deemed an essential service, he said, they should be able to have an arbitration process similar to police and firefighters. Or, if they do want to strike, there could be a middle ground.
"And that's the definition of essential services, so what are the number of staff that need to remain on the job while the rest go out on strike?"
The panel discussion on Information Morning Fredericton came after contract negotiations between nursing home workers and the New Brunswick Association of Nursing Homes broke down in advance of a court hearing Friday.
The judge's ruling came after the province asked for a stay of a December 2018 provincial labour board ruling that a law declaring nursing home workers essential service workers violates the Charter of Rights and Freedoms.
The province is appealing that ruling and asked for the 10-day stay to keep workers on the job until the appeal can be heard and the issue of whether the workers are essential can be settled.
Information Morning - Fredericton
Nursing home labour dispute continues
"If they don't offer [arbitration] and then they end up getting a court ruling that says these workers are essential, that just turns a collective bargaining process into collective begging," DeSaulniers said.
The government declined to participate in Thursday's political panel discussions, citing the negotiations.
With files from Information Morning Fredericton
https://www.cbc.ca/news/canada/new-brunswick/nursing-home-labour-court-hearing-1.5054549
Nursing home workers, province head to court Friday
Judge's ruling could decide whether thousands of workers can go on strike
A dispute between New Brunswick nursing homes and thousands of workers heads to court Friday.
Separate applications by the New Brunswick Council of Nursing Home Unions and the provincial government are set to be heard by a Court of Queen's Bench judge in Fredericton. The outcome could affect whether 4,100 workers at 46 nursing homes could walk off the job during a strike.
The province is seeking an order for a long-term stay of a 2018 labour board ruling. The province was granted an interim stay Saturday, a move the union decried. The union's application calls for the judge to rescind that interim stay.
Dave MacLean, a spokesman for the Department of Social Development, declined to comment ahead of the court hearing.
The New Brunswick Council of Nursing Home Unions doesn't believe the short-term stay was proper, spokesman Patrick Roy said
"The process was flawed, there was no need for it," Roy said.
Meanwhile, contract talks between the union, province and New Brunswick Association of Nursing Homes continued for a third day on Wednesday. The sides have agreed to a media blackout on details of the discussions.
The union also held protests in St. Stephen, Edmundston, Saint John and Rogersville.
Hundreds
of nursing home workers and supporters have held protests this week in
various locations around the province, including Moncton on Tuesday. (CBC)
The
legal wrangling comes after the union rejected a tentative agreement
last year. Last week, union members voted overwhelmingly in favour of a
strike mandate. Strike notice was given early Saturday, but the province
was then granted the interim 10-day stay.
The workers include licensed practical nurses, resident attendants and support service workers.
The December 2018 labour board ruling looked at whether the province's Essential Services in Nursing Homes Act is constitutional. The law would keep most workers on the job in the event of a strike. The board decision says the law violates the Charter of Rights and Freedoms.
Dorothy Shephard, the minister of social development, announced the government would seek a judicial review of the labour board decision. A stay effectively puts the decision's effect on hold until the judicial review is complete.
Justice David Smith granted a request for an interim 10-day stay on March 9. Smith also ordered the court hear the province's long-term stay request within 10 days. That is one of the applications that will be considered Friday.
Separate applications by the New Brunswick Council of Nursing Home Unions and the provincial government are set to be heard by a Court of Queen's Bench judge in Fredericton. The outcome could affect whether 4,100 workers at 46 nursing homes could walk off the job during a strike.
The province is seeking an order for a long-term stay of a 2018 labour board ruling. The province was granted an interim stay Saturday, a move the union decried. The union's application calls for the judge to rescind that interim stay.
Dave MacLean, a spokesman for the Department of Social Development, declined to comment ahead of the court hearing.
"The process was flawed, there was no need for it," Roy said.
Meanwhile, contract talks between the union, province and New Brunswick Association of Nursing Homes continued for a third day on Wednesday. The sides have agreed to a media blackout on details of the discussions.
The union also held protests in St. Stephen, Edmundston, Saint John and Rogersville.
The workers include licensed practical nurses, resident attendants and support service workers.
Board called law unconstitutional
The December 2018 labour board ruling looked at whether the province's Essential Services in Nursing Homes Act is constitutional. The law would keep most workers on the job in the event of a strike. The board decision says the law violates the Charter of Rights and Freedoms.
Dorothy Shephard, the minister of social development, announced the government would seek a judicial review of the labour board decision. A stay effectively puts the decision's effect on hold until the judicial review is complete.
Justice David Smith granted a request for an interim 10-day stay on March 9. Smith also ordered the court hear the province's long-term stay request within 10 days. That is one of the applications that will be considered Friday.
About the Author
https://www.cbc.ca/news/canada/new-brunswick/new-brunswick-nursing-home-labour-dispute-strike-explained-1.5049577
What you need to know about the nursing home labour dispute
Talks resumed Monday after thousands of workers prepared to go on strike for higher pay, better conditions
The union representing nursing home
workers is back at the negotiating table after a court order prevented
members across the province from going on strike.
During a tense weekend, the union gave 24 hours' notice a strike, a move that was made moot after the province went to court and received a 10-day stay of an arbitration decision, preventing a strike during that time.
Here's what you need to know about the dispute:
There are more than 4,100 workers at 46 non-profit nursing homes in New Brunswick involved in the labour dispute.
They include licensed practical nurses, resident attendants, support service workers such as dietary and laundry workers and some clerical workers. Registered nurses, who are represented by the New Brunswick Nurses Union, are not involved.
The Canadian Union of Public Employees represents the workers, and the 46 nursing home locals are collectively represented by the New Brunswick Council of Nursing Home Unions.
The list of nursing homes involved can be found at the end of the article.
On
the other side of the table is the New Brunswick Association of Nursing
Homes, which represents all 68 licensed nursing homes in the province.
The majority are operated by non-profit community boards, but there are
also privately owned facilities such as the Shannex properties, which
would not be affected by a strike.
A 2014 report said there are roughly 4,500 residents staying in nursing homes.
The association receives funding from the province that is, in turn, directed to the nursing home boards.
The association considers itself a sector advocate that helps facilitate change while working with nursing homes and government. It does not have authority to implement change.
Until Monday, the province was not represented at the bargaining table, but by the end of the day, it had accepted an invitation from the nursing homes to take part in talks.
Contract negotiations have been going on for more than two years after the workers' last contract expired in October 2016.
A tentative four-year agreement, which included a one per cent pay increase in each year, on par with increases in the hospital sector, was rejected by CUPE members in July 2018.
The union is seeking a pay increase that's "cost of living and little bit more," said union representative Patrick Roy. It's not releasing the exact number.
Current wage rates for nursing home workers range between $18 and $25 an hour, depending on the position, Roy said. Licensed practical nurses are at the higher end of the bracket, earning a bit more than $24 an hour, he said.
The increase isn't necessarily about getting on par with wages in other jurisdictions, he said, noting New Brunswick workers earn about $6 less an hour than their counterparts in Ontario.
Union representative Patrick Roy said workers want more than the pay increase of one per cent a year in a four-year deal. (Radio-Canada)
"We
understand the economic situation in the province, but, I mean, this
idea from the government saying, 'It's one (per cent) or nothing,' is
not acceptable to our members," he said.
The nursing homes association has said the 2018 offer remains on the table.
The union also wants to improve recruitment and retention, Roy said.
"To encourage people to come work in a nursing home, we need to make it more interesting for them and the only way to do that is going to be increasing the wages because the workload is so hard," he said.
"People show up, do some orientation and say, 'I'm not doing this for this pay,' and walk away."
Improving working conditions is another key issue for the union. Roy said the workload increases every year, but the funded hours of care do not. Nursing homes are often operating short-staffed as well, he said, and residents do not receive the mandated 2.9 hours of direct care per day.
Those issues fall outside a collective bargaining agreement and into the hands of legislators. The association said it is committed to advocating for improved hours of care among other improvements.
There have been protests and strike threats since October 2016 and Labour Minister Trevor Holder said talks had reached a deadlock in February 2019.
A strike vote was called for March 7, and the results were overwhelming in favour of a walkout. A simple majority was needed, but the the overall yes vote was above 90 per cent.
Then the union sent notice, at 3 a.m. on March 9 that workers could legally go on strike in 24 hours.
But by the end of that day, the province had gone to the Court of Queen's Bench and received a 10-day stay of the labour board ruling, making any strike by workers in that time illegal.
The province said its hand was forced and the stay was necessary to protect New Brunswickers living in nursing homes and their families.
The unions called the move "underhanded" and said their lawyers weren't involved in the hearing that brought about the stay, so the judge heard a one-sided story.
Both sides agreed to go back to the negotiating table Monday.
Things get a little murky here.
In 2009, the province passed a law to ensure some nursing home staff would remain on the job in the event of a strike. However, the Essential Services in Nursing Homes Act is in dispute and ultimately being ignored by the union.
A 2018 New Brunswick labour board decision concluded the law violates collective bargaining rights under the Canadian Charter of Rights and Freedoms. The union said the decision means the entire law is invalid.
The association said the "decision was unclear," and now the provincial government is seeking a judicial review. It's not clear when the review would take place.
The province did receive a stay of the labour board decision on Saturday, which means that workers at 45 out of 46 nursing homes could not go on strike during a 10-day period.
Dorothy Shephard, the province's minister of social development, said she considers nursing home workers an essential service. (Radio-Canada)
"Our
government feels the care provided to nursing home residents is an
essential service," said Social Development Minister Dorothy Shephard.
This is a critical issue because, according to the union's interpretation, every worker could walk off the job.
Roy said there is still the possibility government could impose separate back-to-work legislation.
If the workers strike, the care of residents falls to management and registered nurses at the nursing homes as well as families, Roy said.
The nursing home association said it is "working closely with our member nursing homes and with government to support the homes and their strike contingency plans, in the event of a CUPE strike."
This isn't new territory. Both sides have been fighting over wage issues, workplace conditions and staffing for years. There have been several labour disputes since the turn of the century alone and the relationship remains fraught.
In 2001, a strike ended after two days when the province pledged to resolve growing workloads and the union signed a four-year contract. Months later, nursing home workers protested the lack of progress on the issue.
The Bernard Lord government introduced back-to-work legislation hours after the 2001 walkout began. Workers said at the time that they voted in favour of a negotiated settlement with a gun to their heads.
Workers have long called for improved working conditions in New Brunswick nursing homes. (Hadeel Ibrahim/CBC)
Following
the brief strike, a government-commissioned study concluded staffing
was a major concern — and, in 2003, the union said residents and workers
are suffering because of it.
In 2010, a retroactive agreement was signed nearly a year and a half after the previous contract had expired.
Workers continued to make headlines in the years since, arguing the workload continues to mount and the province needs to do more to find a resolution.
During a tense weekend, the union gave 24 hours' notice a strike, a move that was made moot after the province went to court and received a 10-day stay of an arbitration decision, preventing a strike during that time.
Here's what you need to know about the dispute:
The players
There are more than 4,100 workers at 46 non-profit nursing homes in New Brunswick involved in the labour dispute.
They include licensed practical nurses, resident attendants, support service workers such as dietary and laundry workers and some clerical workers. Registered nurses, who are represented by the New Brunswick Nurses Union, are not involved.
The Canadian Union of Public Employees represents the workers, and the 46 nursing home locals are collectively represented by the New Brunswick Council of Nursing Home Unions.
The list of nursing homes involved can be found at the end of the article.
A 2014 report said there are roughly 4,500 residents staying in nursing homes.
The association receives funding from the province that is, in turn, directed to the nursing home boards.
The association considers itself a sector advocate that helps facilitate change while working with nursing homes and government. It does not have authority to implement change.
Until Monday, the province was not represented at the bargaining table, but by the end of the day, it had accepted an invitation from the nursing homes to take part in talks.
The negotiations
Contract negotiations have been going on for more than two years after the workers' last contract expired in October 2016.
A tentative four-year agreement, which included a one per cent pay increase in each year, on par with increases in the hospital sector, was rejected by CUPE members in July 2018.
The union is seeking a pay increase that's "cost of living and little bit more," said union representative Patrick Roy. It's not releasing the exact number.
Current wage rates for nursing home workers range between $18 and $25 an hour, depending on the position, Roy said. Licensed practical nurses are at the higher end of the bracket, earning a bit more than $24 an hour, he said.
The increase isn't necessarily about getting on par with wages in other jurisdictions, he said, noting New Brunswick workers earn about $6 less an hour than their counterparts in Ontario.
The nursing homes association has said the 2018 offer remains on the table.
The union also wants to improve recruitment and retention, Roy said.
"To encourage people to come work in a nursing home, we need to make it more interesting for them and the only way to do that is going to be increasing the wages because the workload is so hard," he said.
"People show up, do some orientation and say, 'I'm not doing this for this pay,' and walk away."
Improving working conditions is another key issue for the union. Roy said the workload increases every year, but the funded hours of care do not. Nursing homes are often operating short-staffed as well, he said, and residents do not receive the mandated 2.9 hours of direct care per day.
Those issues fall outside a collective bargaining agreement and into the hands of legislators. The association said it is committed to advocating for improved hours of care among other improvements.
The strike vote
There have been protests and strike threats since October 2016 and Labour Minister Trevor Holder said talks had reached a deadlock in February 2019.
A strike vote was called for March 7, and the results were overwhelming in favour of a walkout. A simple majority was needed, but the the overall yes vote was above 90 per cent.
Then the union sent notice, at 3 a.m. on March 9 that workers could legally go on strike in 24 hours.
But by the end of that day, the province had gone to the Court of Queen's Bench and received a 10-day stay of the labour board ruling, making any strike by workers in that time illegal.
The province said its hand was forced and the stay was necessary to protect New Brunswickers living in nursing homes and their families.
The unions called the move "underhanded" and said their lawyers weren't involved in the hearing that brought about the stay, so the judge heard a one-sided story.
Both sides agreed to go back to the negotiating table Monday.
Who can strike?
Things get a little murky here.
In 2009, the province passed a law to ensure some nursing home staff would remain on the job in the event of a strike. However, the Essential Services in Nursing Homes Act is in dispute and ultimately being ignored by the union.
A 2018 New Brunswick labour board decision concluded the law violates collective bargaining rights under the Canadian Charter of Rights and Freedoms. The union said the decision means the entire law is invalid.
The association said the "decision was unclear," and now the provincial government is seeking a judicial review. It's not clear when the review would take place.
The province did receive a stay of the labour board decision on Saturday, which means that workers at 45 out of 46 nursing homes could not go on strike during a 10-day period.
This is a critical issue because, according to the union's interpretation, every worker could walk off the job.
Roy said there is still the possibility government could impose separate back-to-work legislation.
What about the residents?
If the workers strike, the care of residents falls to management and registered nurses at the nursing homes as well as families, Roy said.
The nursing home association said it is "working closely with our member nursing homes and with government to support the homes and their strike contingency plans, in the event of a CUPE strike."
Familiar issues
This isn't new territory. Both sides have been fighting over wage issues, workplace conditions and staffing for years. There have been several labour disputes since the turn of the century alone and the relationship remains fraught.
In 2001, a strike ended after two days when the province pledged to resolve growing workloads and the union signed a four-year contract. Months later, nursing home workers protested the lack of progress on the issue.
The Bernard Lord government introduced back-to-work legislation hours after the 2001 walkout began. Workers said at the time that they voted in favour of a negotiated settlement with a gun to their heads.
In 2010, a retroactive agreement was signed nearly a year and a half after the previous contract had expired.
Workers continued to make headlines in the years since, arguing the workload continues to mount and the province needs to do more to find a resolution.
Nursing homes involved
- Dalhousie Nursing Home, Dalhousie
- Mount St. Joseph Nursing Home, Miramichi
- Miramichi Senior Citizens Home, Miramichi
- Villa Providence Shediac, Shediac
- Villa Beauséjour, Caraquet
- Les Résidences Mgr. Chiasson, Shippagan
- Victoria Glen Manor, Perth-Andover
- York Manor, Fredericton
- Foyer Notre-Dame-de-Lourdes, Bathurst
- Carleton Manor, Woodstock
- Rocmaura Nursing Home, Saint John
- Kenneth E. Spencer Memorial Home, Moncton
- Grand Manan Nursing Home, Grand Manan
- Villa du Repos, Moncton
- Les Résidences Lucien Saindon, Lamèque
- Church of St. John and St. Stephen Home, Saint John
- Central New Brunswick Nursing Home, Boiestown
- Campbellton Nursing Home, Campbellton
- Kiwanis Nursing Home, Sussex
- Campobello Lodge, Campobello
- Mill Cove Nursing Home, Mill Cove
- Forest Dale Home, Riverside-Albert
- The Salvation Army Lakeview Manor, Riverview
- Foyer Ste-Elizabeth, Baker Brook
- Le Manoir de Grand-Sault, Grand-Sault
- Résidences Mgr. Melanson, Saint-Quentin
- Villa Sormany, Robertville
- Lincourt Manor, St. Stephen
- Foyer St-Thomas de la Vallée de Memramcook, Memramcook
- Les Résidences Inkerman, Inkerman
- Drew Nursing Home, Sackville
- Kennebec Manor, Saint John
- Tobique Valley Manor, Plaster Rock
- Jordan Lifecare Centre, River Glade
- Villa St-Joseph, Tracadie-Sheila
- Turnbull Nursing Home, Saint John
- Foyer Notre-Dame de Saint-Léonard, Saint-Léonard
- River View Manor, Bath
- Tabusintac Nursing Home, Tabusintac
- Dr. V. A. Snow Centre, Hampton
- La Villa Maria, Saint-Louis de Kent
- Foyer Assomption, Rogersville
- Kings Way Care Centre, Quispamsis
- Residence Jodin, Edmundston
- Le Complexe Rendez-Vous, Neguac
With files from Shane Magee
CBC's Journalistic Standards and Practices
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