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:
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.
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.
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'.
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.
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With Bill28 repealed, we are back to the regular bargaining process.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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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.
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".
- 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.