New Brunswick·NewA judge has dismissed the province’s application for a stay of the labour board’s decision, ordering it to rescind library worker layoffs and reinstate the hours of school administrative assistants, noting a lack of proof that it would cause widespread disruption.Province argued irreparable harm if forced to reverse layoffsAllyson McCormack · CBC News · Posted: Aug 27, 2025 7:17 PM EDT | Last Updated: 11 minutes agoTheresa McAllister, Canadian Union of Public Employees Local 2745 president, said she hopes the decision puts an end to the matter. (Allyson McCormack/CBC)A judge has dismissed the province’s application for a stay of a labour board decision, ordering it to rescind library worker layoffs and reinstate the hours of school administrative assistants.Justice Thomas Christie said it may be inconvenient for the province, but there was a lack of evidence that there will be “irreparable harm” or “widespread disruption” by bringing back those workers.Christie also ordered the province to pay the legal costs for the Canadian Union of Public Employees in the amount of $2,500.All that is being required is compliance with their own collection agreement, Christie said. The province’s lawyer Keith Mullin argued the reinstatement of workers would cause irreparable harm to the employer. (Allyson McCormack/CBC)On July 29, the New Brunswick labour board found the province violated its duty under labour laws to bargain in good faith, negotiating contracts knowing that layoffs were soon to follow. The province was ordered to reinstate those workers, and their hours. But after three weeks without movement, the Court of King’s Bench stepped in last week to issue the province an order to comply. Instead, the province applied for a judicial review and a stay of that labour board decision.Theresa McAllister, Canadian Union of Public Employees Local 2745 president, said she’s hopeful Christie’s ruling on Wednesday will put the matter to rest. “I am relieved to say the least, for myself and for the members,” she said. “It’s big and it plays havoc more than most people would realize … So it does give you a sense of relief and moving forward, hopefully.”Theresa McAllister says she hopes the court’s ruling sends a clear message to other employers about challenging a labour board decision. (Allyson McCormack/CBC)McAllister said it’s unlikely anything will change before the return to class, but said she expects the union and the employer to “work together and try to get it done as seamlessly as possible.”She said the changes will affect close to 100 people, taking into account the layoffs, bumping and movement that followed, with some workers moving into other positions.McAllister said she hopes the ruling sends a clear message to other employers to think hard about challenging a labour board decision. Irreparable harm The province’s lawyer, Keith Mullin, argued the reinstatement of workers, and possible bumping that might have to follow, would cause irreparable harm to the employer. Mullin added that if the province lays off workers again after a new contract is negotiated, that disruption in school staffing would happen not once, but twice. The harm is self-evident, Mullin said.But CUPE lawyer Brenda Comeau said any harm done to the province is self-inflicted, arguing the province had time to sort this out following the July 29 decision.”It’s a temporary inconvenience,” Comeau said, pointing out that school staffing changes are typically sorted out in a single day for the following school year.Comeau said this is simply labour relations, not irreparable harm.She said irreparable harm can’t be assumed, it has to be proven. Otherwise, there would be a stay in every proceeding, she said.ABOUT THE AUTHORAllyson McCormack is a producer with CBC New Brunswick, based in Fredericton. She has been with CBC News since 2008.
Judge orders province to reinstate library workers, pay CUPE’s legal bills
