Ford government withdraws application to have CUPE strike declared illegal

Premier Doug Ford’s government has backed off its bid to have the Canadian Union of Public Employees’ strike declared “unlawful” as contract talks continue with school support staff.

Thestar.com
Nov. 11, 2022
Kristin Rushwoy and Robert Benzie

Premier Doug Ford’s government has backed off its bid to have the Canadian Union of Public Employees’ strike declared “unlawful” as contract talks continue with school support staff.

With negotiations resuming for a third day on Thursday, Queen’s Park withdrew its application for the Ontario Labour Relations Board to rule the recent walkout illegal.

“We have received confirmation ... that the unlawful strike application filed by the minister of education has been withdrawn,” CUPE’s Ontario School Boards Council of Unions told members via social media.

“No further action or steps will be taken in the matter. No decision will be rendered,” the union said.

The labour board hearings, which began Nov. 3 and continued through last weekend, were essentially moot after Monday when Ford pledged to repeal Bill 28.

That was his controversial legislation, which used the Constitution’s “notwithstanding clause” to impose four-year contracts on workers in an attempt to pre-empt job action by the 55,000 CUPE members.

Ford’s capitulation led to talks resuming Tuesday morning with mediator William Kaplan at a downtown Toronto hotel, under a media blackout.

The province also said it would not fine members for their two-day walkout -- which, under the legislation, meant daily fines of $4,000 for individuals and $500,000 for the union.

Both the union and Ford have said they would not be publicly discussing specifics of the ongoing talks.

“We will be limiting our comments to the media while in mediation to better direct our efforts to reaching a freely negotiated agreement,” CUPE said.

Speaking to reporters on Wednesday, Ford expressed hope a settlement could be reached without any further disruption for students and parents -- or union members.

“I want to work co-operatively with CUPE and other partners to make sure we take care of the lowest paid people within CUPE,” the premier said in Bradford.

“You’ve got to give and take in negotiations. You can’t be hardcore. You can’t be running out there and spiking the football and doing cartwheels. We aren’t doing that. We just want the kids in class,” he said.

“That’s my number-one focus, making sure we’re there for the kids. We’re there for the parents and we’re there for the workers as well -- and also we’re there for the employers. So we just want to get this thing done, but we’ve got to be fair.”

The Star revealed Tuesday that Ford’s government has improved the wage offer to CUPE to increases of more than 3.5 per cent for workers earning less than $43,000 and around two per cent for those making more.

Both the province and the union disputed those figures, but three sources from camps privy to the high-level talks have confirmed the offer is in that range.

In Ford’s legislation that overrode Charter rights, the government gave the lowest-paid CUPE members 2.5 per cent annual raises and those making more than $43,000 a 1.5 per cent yearly hike.

That law, Bill 28, will be repealed Monday when the house resumes after the Remembrance Day break.

CUPE has said it will not sign off on any tentative deal until the legislation is rescinded.