CUPE members and supporters on 1st Avenue West while picketing the constituency office of MPP Rick Byers this morning in Owen Sound.

Grey Bruce education workers walked off the job today, joining 55,000 CUPE members striking in the face of $4,000 daily fines.

Negotiations between CUPE and the Ontario government had collapsed before the Progressive Conservative government enacted Bill 28 Thursday.

CUPE locals 1176 and 3447 and their members on the home stretch of a sign-waving stroll around the 900 block of 1st and 2nd avenues west to the constant sound of horn-honking support.

Bill 28, Keeping Students in Class Act, 2022 imposes contracts on CUPE members while banning them from striking at any point during the contract, two of the clauses defended by the Ford administration with the invocation of the notwithstanding sections of the Canadian Charter of Rights and Freedoms, and despite the Human Rights Code.

Ontario education minister Stephen Lecce says his ministry filed its rejection of the strike action with the Ontario Labour Relations Board this morning.

CUPE leaders have said the union will pay any fines levied against its members. At up to $4,000 per day per striking member, plus the fines of up to $500,000 per day, the union could be responsible for paying over $220 million each day the strike continues.

The non-partisan Office of the Legislative Assembly of Ontario provides online public access to the Ontario legislature, giving an opportunity to examine the language of Bill 28:

From the bill's explanatory note:

The Bill enacts the Keeping Students in Class Act, 2022.

The Act addresses the labour disputes involving school board employees represented by the Canadian Union of Public Employees.

The Act provides for new collective agreements. The central terms for those collective agreements are set out in the Schedule. The Act requires the termination of any strike or lock-out and prohibits strikes or lock-outs during the term of the collective agreement.

The Act is declared to operate notwithstanding sections 2, 7 and 15 of the Canadian Charter of Rights and Freedoms and the Act will apply despite the Human Rights Code.

The Act limits the jurisdiction of the Ontario Labour Relations Board, arbitrators and other tribunals to make certain inquiries or decisions. It also provides for there to be no causes of action or proceedings against the Crown for certain acts. Certain proceedings are deemed to have been dismissed.

The Act provides for regulations, which may be retroactive.  Regulations providing for transitional matters will prevail over the Act in the event of a conflict.

Section 5 resets, by deem, all applicable collective agreements:

5 (1)  As soon as this Act receives Royal Assent, new collective agreements between every employer and the bargaining agent are deemed to be in operation with respect to every bargaining unit.

Section 13 invokes the Ontario government's right to opt out of the Canadian Charter of Rights and Freedoms, an integral negotiated condition of the creation and implementation of the Charter, and the Human Rights Code:

Application of Charter and Human Rights Code

Charter

13 (1)  Pursuant to subsection 33 (1) of the Canadian Charter of Rights and Freedoms, this Act is declared to operate notwithstanding sections 2, 7 and 15 of the Canadian Charter of Rights and Freedoms.

Human Rights Code

(2)  This Act applies despite the Human Rights Code.

Section 14 forestalls any inquiries or decisions made by the Ontario Labour Relations Board, an avenue taken by labour representatives in previous disputes:

Restrictions on jurisdiction

Limit on jurisdiction of OLRB

14 (1)  The Ontario Labour Relations Board shall not inquire into or make a decision on whether a provision of this Act or of the new central terms, or a regulation made, or any action taken under this Act, is constitutional or is in conflict with the Human Rights Code.

Same

(2)  The Ontario Labour Relations Board shall not inquire into or make a decision on whether any action by the Crown or by any of the Crown’s current or former ministers, agents, appointees or employees under this Act is constitutional or is in conflict with the Human Rights Code.

by Staff
David Galway