Ontario tables legislation to keep education workers from striking, CUPE to stage protest

The Ontario government has tabled legislation that will impose a four-year contract on education workers and not allow them to legally walk off the job.

The Canadian Union of Public Employees (CUPE), who represent about 55,000 Ontario education workers, gave five days’ notice of a potential provincewide strike on Sunday morning if a new deal isn’t reached with the government by Friday.

Despite the legislation, CUPE said education workers would stage a provincewide protest and walk off the job this Friday.

Laura Walton, president of CUPE’s Ontario School Board Council of Unions, says whether workers continue to protest after Friday “will be left up to what happens.”

The government had been offering raises of two per cent a year for workers making less than $40,000 and 1.25 per cent for all others, and Lecce says the new deal would give 2.5 per cent annual raises to workers making less than $43,000 and 1.5 per cent raises for all others.

Education Minister Stephen Lecce is expected to hold a press conference at 2 p.m. He said kids faced disruption in schools with teacher job action three years ago, which was then followed by the COVID-19 pandemic, and Lecce says nothing should stand in the way of a kid’s right to learn.

The union says it will be looking at every avenue to fight the legislation. A release from the province says to protect against legal challenges, they will be using the notwithstanding clause to avoid constitutional challenges.

The clause allows the legislature to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.

The government legislation states that CUPE members would face fines of up to $4,000 per day if they strike.

Fred Hahn, president of CUPE Ontario, tells CityNews the legislation is a “monstrous overreach” and said they are using a “nuclear option.”

CUPE has been seeking annual salary increases of 11.7 per cent as well as overtime at twice the regular pay rate, 30 minutes of paid prep time per day for educational assistants and ECEs, an increase in benefits and professional development for all workers.

Negotiations were expected to continue with a mediator on Nov. 1.

Related:

• Negotiations stalled between CUPE and provincial government, no progress made

• Ontario education workers protest stalled contract talks at PC party meeting

Some school boards have already released plans for students should education workers walk off the job on Friday with some saying they would be forced to cancel all classes should a strike happen.

The Elementary Teachers’ Federation of Ontario (ETFO), which is also currently negotiating a new contract with the government, said it had walked away from the bargaining table with the Ford government following news of the legislation.

“ETFO could not, in good conscience, sit across the table from the government, and so we ended negotiations for the day,” read a statement.

Both the Ontario English Catholic Teachers’ Association (OECTA) and Ontario Secondary School Teachers’ Federation (OSSTF) released statements standing in solidarity with CUPE workers.

Both unions said imposing an agreement violates and disrupts the rights of members to have free, fair and meaningful collective bargaining.

“The use of the notwithstanding clause to further trample workers’ constitutional rights is shameful, but not unexpected,” read the OECTA statement. “This is a government with a long history of repeatedly and deliberately neglecting students, families, education workers, and teachers, turning its back on all Ontarians.”

With files from Meredith Bond and Michael Ranger