**Updated** Labour board ruling upheld in nursing home workers case

CKTB News- murder trial

**Updated at 11:50 a.m.**

A judge has upheld a New Brunswick labour board ruling regarding essential services legislation in the event of a strike by nursing home workers.

The labour board ruled in December that a section of the Essential Services in Nursing Homes Act was unconstitutional.

The provincial government filed for a judicial review in March after workers at 45 of the province’s 46 nursing homes voted overwhelmingly in favour of a strike.

Chief Justice Tracey DeWare reserved her decision on the matter on May 24th.

In her ruling on Wednesday, DeWare gave government six months to amend the legislation to meet the requirements of the Canadian Charter of Rights and Freedoms which guarantees freedom of association.

During that time, until January 2020, workers will be unable to strike.

Sharon Teare, President of the NB Council of Nursing Home Unions, says she's pleased the labour board's decision was upheld, but says the recruitment and retention crisis in nursing homes can't wait six months.

She's calling on government to recall the Legislature immediately to amend the law in accordance with the expectations of the two tribunals that have ruled on the matter.

CUPE is suggesting the use of binding arbitration, but the government is persisting on binding arbitration with conditions.