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David J. Doorey🇨🇦 Profile picture
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Nov 4 • 4 tweets • 2 min read
Getting ready to watch the #OLRB hearing on the Ontario government's unlawful strike application against @CUPEOntario, et al.

You can watch it here:

I will add some commentary if I think of anything clever.

🧵
The key pieces of legislation involved in this case are:

Labour Relations Act: ontario.ca/laws/statute/9…

Bill 28: Keeping Students in School, Act:
ola.org/en/legislative…
Government is arguing that CUPE Ontario called and encouraged an unlawful strike of its members and that strike happened.

Strike is defined in s. 1 of OLRA (see attached)
Section 100 of OLRA permits the OLRB to make an declaration that an unlawful strike has occurred and to "in its discretion" make any other order directing anyone to do anything to stop the unlawful strike.

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More from @TheLawofWork

David J. Doorey🇨🇦 Profile picture
Nov 6
And I'm back in the hearing!

But I'm not sure where we are at. AG Counsel Robin Basu is talking. Will take a minute to catch up.

What are you all having for breakfast?
Was asked if OLRB hearings have ever gone this late before?

I remember this case involving 'unlawful strike' at TTC.

Chair Whitaker got the application at 4:30 a.m., held a phone hearing overnight (without union counsel present), & issued a decision.

canlii.ca/t/1nftc
Basu is addressing CUPE's argument that OLRA must be interpreted consistent with "Charter values", which includes respecting rights to collective bargaining and to strike.

He argues that Charter values includes "notwithstanding clause". And Charter values are "fraught".
Read 54 tweets
David J. Doorey🇨🇦 Profile picture
Nov 5
This morning's #OLRB hearing in Min. of Education v. CUPE begins at 9 am. Watch it here:

I will comment until I need to be a dad.

First up: OLRB decision on whether @Sflecce & another senior govt official can/should be ordered to appear as witnesses.
Recap:

1. OLRB denied intervenor status to other ONT unions. This will speed up the hearing, which is govt's goal.

2. OLRB permitted govt to fix a mistake in name of respondent, from CUPE-ONT to CUPE.

3. OLRB reserved on CUPE's request for @Sflecce to be summons to testify.
Today the case will move into actual merits of case.

Govt is seeking a declaration that education workers are engaged in an unlawful strike supported & encouraged by CUPE leaders.

OLRA, s. 100 grants OLRB a discretion to make orders re unlawful strike

canlii.org/en/on/laws/sta…
Read 104 tweets
David J. Doorey🇨🇦 Profile picture
Nov 4
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.
Read 5 tweets

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