If #Bill28 just imposed a 'collective agreement' w/out notwithstanding clause, then situation would be similar to that which occurred with the Putting Students First Act, 2012:

canlii.ca/t/51whv

That law essentially imposed a contract, & was found to violate Charter.
Ok, now gearing up for the CUPE press conference.

In the battle of duelling placards, CUPE's has "Respect Charter Rights, Repeal Bill 28" Image
CUPE Press conference about to begin. Big crowd. Mark Hancock, national president of CUPE speaking.

Huge contingent of unions. Basically the entire Canadian union movement. Pretty impressive showing!

Symbolic of fact that Ford Government threatened collective bargaining.
Hancock:

Bill28 was a threat to collective bargaining and all Canadians with notwithstanding clause. United labor movement like never before.

[Maybe the Conservatives ARE the workers' party after all!]
Hancock:

Government confirmed it "will rescind Bill28". Credit to power of workers and unions across Canada.

[And some lawyers 😀]
Hancock: Not done yet. 55,000 workers who still need help to make ends meet. We will stand by them until they get a fair deal.
I think this is @waltonmom now.

We did not leave the bargaining table, as Ford claimed. Ford promises to introduce legislation to repeal #Bill28 in its entirety.

Historical win for Labour Movement that will appear in texts books (including my own .. shameless plug).
CUPE will withdraw protests starting tomorrow as show of good faith to government's promise.

This all started because of attack on education workers have been overworked, under-appreciated, and legislated into poverty.
The mobilization of members brought this historical win and it will now help us to win a fair collective bargaining agreement.

We have our bargaining rights back.

Members said, "hell no, not today". We're going back to the bargaining table to continue the fight.
Now Bea Bruske, @PresidentCLC:

Ford pushed through draconian legislation. Glad he walked back this wreckless legislation. Now ask him to put his money where his mouth and give workers a fair deal.

Canada's unions will be back again if needed.
Now Karen Brown, @ETFOcb.

Elementary teachers stand in solidarity with other workers. We will not stand by while a government uses notwithstanding clause to strip workers of fundamental rights. Never.

This was an unprecedented attack on workers' rights.
Now, @Lanampayne, @UniforTheUnion President.

Congrats to CUPE education workers. For their courage and resolve. The bargaining table is the only place this will be settled.

Bill28 was an unprecedented attack on workers, and we were ready for an unprecedented response.
Payne:

We will not stand for notwithstanding clause being used to take away workers' rights. Not today, not tomorrow, not ever. National Board voted to take 'whatever action is needed to defeat Bill28'.
Now @JPHornick, President of @OPSEU:

OPSEU stands with all workers across Ontario. We are being called upon to come together to stand for what is right.

Ford government has brought together largest public sector & private sector union to resist unprecedented attack on workers
Hornick:

Ford is still trying to divide us, with talk of public vs private sector unions. First they came for educational workers, but when govt's come after one of us, they come after all of us.

Workers united will shut this province down whenever we need to. Solidarity.
Quite the rousing presentation.

Can we just pause for a moment to express the amazing job of @fordnation and @Sflecce in mobilizing the Canadian labour movement.

👏👏👏
The NDP has agreed to return to legislature to repeal #Bill28.

Hancock asked if he could explain what would have happened in terms of general strike.

"One day I will write a book and you can buy it"

Zinger.
Learning that #Bill28 was drafted "long ago".

CUPE "did not walk away from the bargaining table".

With Bill28 repealed, we are back to the regular bargaining process. Right to strike back, duty to bargain in good faith back.
Hard to overstate how much of a screw up this was by the Conservatives.

Nothing that happened after Bill28 was passed was surprising. Entirely expected for anyone who knows anything about the labour relations world.
Nice shout out to Steven Barrett, who along with a bunch of other very good lawyers on both sides of the debate spent a beautiful fall weekend working 20 hours days litigating a complicated and rushed case.
That's it for the unions' press conference. Quite a day in Canadian labour and labour law history.

The revolution was televised.//

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More from @TheLawofWork

Nov 10
Well, that’s a good question. Let’s unpack it.

Both parties can agree to refer a bargaining dispute to binding arbitration. But this rarely happens.

Why? Because one side or both doesn’t want arb.

Why? Because Arbitration can be both conservative & unpredictable.

So … 🧵
If a party is trying to achieve a major or novel gain, they may be concerned that an arbitrator won’t award it. Arbitration is not usually the best forum for making huge gains.

Many arbitrators lean towards ‘splitting the difference’ in the parties’ proposals. Conservative.
So maybe CUPE doubts arbitration will result in wage increase, other benefits it’s seeking in terms of catching its members up to real wage losses due to inflation, for example.

But CUPE also has a tradition of resisting interest arb on principle. Better to bargain own deals.
Read 8 tweets
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
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
Nov 4
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)
Read 4 tweets
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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