Thread by @TheLawofWork

I'm reading @CUPEOntario's response to the Ontario government's illegal strike application. Some points:

- top notch lawyers from @GPLLP are counsel

- Government named CUPE-Ontario as respondent, but "CUPE Ontario" is not a union. Suspect that OLRB will permit correction here.

- CUPE denies that it called for an unlawful strike or that one is occurring.

- CUPE argues it is engaged in a political protest vs draconian legislation, which is protected expression.

- IF this protest is a 'strike', then definition of strike in OLRA is a Charter violation.

A couple of arguments I discussed in my Tweets are in the response:

1. It is not a 'strike' if the employer voluntary closes for the day. There was no workplace to go to today. Schools voluntarily closed before any action occurred.

2. The govt is relying on actions occurring before #Bill28 passed & arguing they are made retroactively unlawful bc of Bill 28. That's nuts.

A threat by CUPE to hold a strike made when making that threat is lawful cannot be retroactively made unlawful!

CUPE also argues that even if the OLRB were to find an unlawful strike is occurring, OLRB should decline to exercise its discretion to do anything about it.

Here, the govt did not act with 'clean hands'. It strips constitutionally protect rights from workers.

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