Ford government to pass legislation today forcing contract on education workers

The provincial legislation put forth by the Ford government that would force a contract on school support staff is expected to pass at Queen’s Park on Thursday, Nov. 3.

The union representing the workers says they plan to walk off the job on Friday, Nov. 4 despite the legislation that would make a strike illegal.

The province’s legislation includes a four-year contract and would ban strikes, with steep fines if workers do not comply. The proposed law states that CUPE members could face fines of up to $4,000 per day and the union could face fines of up to $500,000 per day.

The Canadian Union of Public Employees (CUPE) said it presented a counter-offer late on Tuesday, Nov. 1 but Education Minister Stephen Lecce said on Wednesday, Nov. 2 that the government will not negotiate unless the union cancels its job action.

CUPE later said the government had rejected its latest offer. The union represents approximately 55,000 education workers including librarians, early childhood educators, educational assistants and custodians.

“At this point, without anything changing, we are on strike until further notice starting Friday unless a deal is reached,” said Laura Walton, president of CUPE’s Ontario School Board Council of Unions, while speaking to reporters on Wednesday.

“The question you need to be asking the government is, why are you still determined to remove the rights of workers rather than coming to the table and negotiating.”

CUPE had been seeking annual raises of about 11.7 per cent. The government is proposing to legislate a contract with raises of 2.5 per cent a year for workers making less than $43,000 per year and 1.5 per cent for all others.

Walton says the wage proposal in the legislation is “actually less than it was before.”

“They’ve put in more pieces that would actually prevent workers from getting the 2.5 (per cent),” said Walton.

The union intends to picket in front of member of provincial parliament (MPP) offices on Friday, and not outside of schools.

The Ford government has been pushing the back-to-work legislation since Monday after the union gave five-days notice of a province wide strike on if a deal was not reached by Friday.

Boards that plan to switch to online learning if a strike happens include the Ottawa Catholic School Board (OCSB), the Catholic Board of Eastern Ontario and the Upper Canada District School Board. 

The OCSB said CUPE represents over 1300 full-time/term OCSB employees and 700 casual positions, and will legally be able to strike as of Nov. 4. 

The Renfrew County District School Board (RCDSB) informed parents that in the event of a walkout by staff in support of school support workers, all schools will be closed.

The Renfrew County Catholic District School Board (RCCDSB) runs 19 primary schools and two secondary schools, all of which are English, informed parents the doors will stay open and expects the 550 employees that provide education for over 5000 students in 16 different communities to carry on its educational commitments.

Trudeau tells Ford use of notwithstanding clause is ‘wrong’

The province intends to use the notwithstanding clause to protect its proposed back-to-work legislation from legal challenges. The clause allows the legislature to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.

Prime Minister Justin Trudeau apparently expressed his disapproval of the use of the clause to Ford in a call on Wednesday.

“The Prime Minister emphasized the critical importance of standing up for Canadians’ rights and freedoms, including workers’ rights,” Trudeau told Ford, according to a readout of the call provided by the Prime Minister’s Office.

“He was clear that the pre-emptive use of the Canadian Charter of Rights and Freedoms’ notwithstanding clause is wrong and inappropriate, and should only ever be used in the most exceptional of circumstances.”

Ford responded by telling the prime minister that a work stoppage would have an “unacceptable” effect on students, according to the premier’s office. The premier and Lecce have continued to express desire to keep children in class following two years of on-and-off school closures due to the COVID-19 pandemic.

Earlier Wednesday, Trudeau said his government was looking at its options to respond to Ford’s use of the notwithstanding clause.

Several other unions, including the teachers’ unions currently in bargaining with the government, have expressed solidarity with CUPE. The most notable example is the Labourers’ International Union of North America – LiUNA – which endorsed Ford’s Progressive Conservatives in the spring election.

Joel Harden, the New Democratic Party (MPP) for Ottawa Centre, told Wake Up With Rob Snow on Nov. 3 that the fact that the current government is threatening to invoke the notwithstanding clause rather than bargain with CUPE in good faith, tells the people the way this government likes to barter. 

“I think we are going to have a game of chicken right up until midnight,” said Harden. “I wish the premier would back up some of the things I have heard him say about how much he respects the workers of the province. He is the leader. The buck stops with him. He has to tell the education minister and the bargaining team that these workers deserve a fair settlement.”

Listen to the full interview with MPP Joel Harden below: