Membership Message

UPDATE: OCTOBER 26th, 2020

The parties had a conference call today with the Labour Board.  There are outstanding issues where the Province has not disclosed requested information by CUPE.

The board has ordered the November 4th – 6th dates be used to deal with the documentation issue.

A conference call will happen on November 13th.

Hearing dates will be November 16th – 18th, 2020.

This is not a postponement as the first dates are being used to deal with outstanding issues prior to going forth with the hearing.

As more information becomes available, it will be released.


As stated in my membership message on Saturday, the dates in regards to the hearing may be pushed back. It was communicated on social media that CUPE was trying to stall the hearing and push the process even further down the road.

We have received an update from Legal. There have been motions filed and we were briefed on them; however there were no changes that were of significance in regards to changes in dates of the hearing to this group or this Executive.

September 11th, 2020 – Conference call with the Labour Board outlining the following:

  • Virtual hearing
  • Zoom platform
  • Primary dates: November 4th -6th , backup dates November 16th-18th
  • CUPE to request the production of documents from PNB (Province of NB) by September 18th with PNB to reply by September 25th
  • If PNB had not produced documents, CUPE to file request for disclosure by October 2nd with supporting documents
  • PNB will have until October 9th to reply
  • CUPE to submit affidavits or will-say statements to all parties by October 9th
  • PNB has until October 16th to do the same
  • CUPE and NBU will provide their affidavits or will-say statements as rebuttal evidence by October 25th
  • A second conference call will occur on October 26th

As you can see, there are many moving parts to this hearing for things to be done properly.

What CUPE has done:

  • Request was sent for documents to PNB on September 18th. DOH sent some information on September 21st. On September 22nd, we requested further documents from PNB.
  • On September 25th, CUPE received notice from PNB Legal counsel refusing our request for documents. On the same day, CUPE reiterated the request and the reasons why. The letter also stated that the documents would be needed in a timely manner otherwise CUPE would be forced to ask the Board for an adjustment to the timelines.
  • On October 2nd, CUPE submitted to the Board written arguments for the Board to support the request for the production of documents from PNB.
  • On October 8th, CUPE wrote to the Board asking for an extension of the submission dates of the affidavits/will-say statements from the October 9th to October 16th (1 week). This would provide the other parties’ time to review our documents and reply. As well since PNB has not sent the requested documents, CUPE further requested we use the alternative dates of November 16th-18th.
  • On October 9th, NBU advised the Board it agreed with the extension of the timelines for submitting documents; however are opposed to changing the primary dates. Their reasoning is that the MSP Component is in bargaining for the alternate dates.
  • On October 9th, PNB formally denied our request for documents.
  • On October 9th, the Board ruled:
    • CUPE – Affidavits/Will-say statements to be submitted by October 16th
    • PNB will provide the same by October 23rd
    • All parties can present rebuttals, will-say statements, affidavits by October 30th
    • The hearing will be held on November 4th – 6th as originally agreed
  • On October 14th, CUPE filed written submissions to rebut those stated by PNB with respect to requested documents.
  • On October 16th, CUPE filed 4 affidavits with the Board and a 5th affidavit to be filed on October 19th

This is factually what I know as of Sunday, October 25th.  I am sure things will continue to develop as the hearing date moves closer. At the end of the day, my mind is still searching for a reason why PNB wouldn’t want to give out the documents that support their decision……..

When I receive any further updates, as I am sure there will be many, I will continue to communicate them.




Andrew McLean

President, Local 4848