N.B. unions declare victory in casual-worker lawsuit against government
Last Updated: Thursday, June 18, 2009 | 10:31 AM AT
CBC News
Several New Brunswick unions are declaring victory in a court battle over casual workers employed by the provincial government.
Court of Queen's Bench Justice Paulette Garnett ruled on Wednesday that the New Brunswick Public Service Labour Relation Act violates the Charter rights of casual and seasonal workers.
"We are very pleased with this victory," said Daniel Légère, president of Canadian Union of Public Employees New Brunswick in a statement released on Thursday. "We have casual workers in this province who have been working as 'casual' in the public sector for years. Those workers have no rights, earn less and have no benefits."
Garnett said in her decision that the Charter imposes on the province an obligation to extend protective legislation to unprotected groups.
"For many years the province has subjected 'casuals' to practices which can only be described as unfair," the ruling said.
CUPE, the New Brunswick Union of Public and Private Employees and several other individuals started the legal challenge in September 2005 to win rights for casual workers.
N.B. has 1 year to change law
The judge is giving the province one year to remedy this situation.
Garnett's decision could affect thousands of temporary or seasonal workers employed by the New Brunswick government.
Bob Hicks, the regional director of CUPE Maritimes, said his union will pick up about 6,000 employees because of Garnett's ruling.
"Once they're in the unions, unions will have the right to negotiate their wages," Hicks said.
"Unions will also have the right to negotiate benefits, like health and dental, layoff and recall rights, pension plans and any other rights under the collective agreement that other union members enjoy."
The impact of the ruling will be felt by many unions that represent workers employed by the provincial government.
Marilyn Quinn, the president of the New Brunswick Nurses Union, said casuals have been taken advantage of for a long time and this court decision should change that
"They work without job security, they work without benefits and for some unions, they work without the same rate of pay as other workers," Quinn said.
Human Resources Minister Rick Brewer is not commenting on the court decision.
