STANDING UP TO FORD, STANDING UP FOR WORKERS
A BEHIND-THE-SCENES LOOK AT HOW ETFO GEARED UP TO FIGHT BILL 28
BY HEATHER AGGUS AND CARLA PEREIRA W
hen the Ford gov- ernment came for one of us – our Canadian Union of Public Employ- ees (CUPE) edu-
cation worker colleagues – by enacting Bill 28, it came for all of us in the labour com- munity. We stood united to defend and pro- tect workers from an outrageous attack on their democratic rights, and we won. Our collective power inspired a historic
moment in labour history. The Elementary Teachers’ Federation of Ontario (ETFO) played a key role in mobilizing solidarity to push back against the Ford government’s draconian legislation, which was designed to override the Canadian Charter of Rights and Freedoms and strip CUPE members of their constitutionally protected right to engage in free and fair collective bargaining. Here is a timeline of ETFO’s work in the lead-up to the repeal of Bill 28:
SUNDAY, OCTOBER 30: Central negotiations between CUPE, school board bargaining agencies and the govern- ment reach impasse. CUPE issues notice of its intention to engage in a full withdrawal of services strike on Friday, November 4.
MONDAY, OCTOBER 31:
In response to CUPE’s strike notice, the Ford government’s Education Minister Stephen Lecce tables the Keeping Students in Class Act 2022 (Bill 28) in the Ontario Legislature.
8 ETFO VOICE | WINTER 2022
Bill 28 curbs CUPE education workers’ rights by:
• making any form of strike action illegal. On conviction, individual CUPE mem- bers would be liable for a fine of up to $4,000 per strike day; the union would be liable for a fine of up to $500,000 per strike day;
• bypassing free and fair collective bargain- ing for CUPE education workers by imposing an unconstitutional central agreement. Among other things, the im- posed agreement reduces CUPE educa- tion workers’ sick leave entitlements and cuts their benefit funding;
• including “notwithstanding” language that overrides the Charter rights of CUPE education workers, as well as their human rights as defined in Ontario’s Human Rights Code; and
• preventing the Ontario Labour Relations Board (OLRB), arbitrators and other tribunals from reaching decisions that may go against any aspect of the govern- ment’s legislation.
The broader labour community is deeply
concerned about the precedent that is being set with the introduction of Bill 28, includ- ing its significant negative impact on the democratic and collective bargaining rights of all workers in Ontario. Many outside of labour also express
concerns about Bill 28. The Canadian Civil Liberties Association condemns the Ford
government’s disregard of the Charter: “The notwithstanding clause was never meant to be used in contract negotiations, or as a casual tool to disrupt basic human rights safeguarded in our Charter. This misuse and the flagrant disregard for individual rights is wrong, and it is dangerous to our constitu- tional democracy … If the government can use the clause now without consequence, it won’t hesitate to do so again.” On the same day Bill 28 is introduced in
the Legislature, ETFO is scheduled to be at the central bargaining table with the govern- ment and the Council of Trustees’ Associa- tions. In protest, ETFO decides to end talks for the day. ETFO President Karen Brown tells government representatives at the table: “Since the beginning of the 2022 bargaining round, ETFO has approached negotiations in a constructive and respectful manner. I want to be frank with you to say that
the events of the last 24 hours make it clear your government is not approaching bar- gaining in the same way. Given what will be unfolding this afternoon, I want to let you know that we are not prepared to ne- gotiate with you today. Being here on the same day and time that the government introduces draconian legislation that im- poses a collective agreement on our CUPE colleagues is unacceptable to us. Conse- quently, we will not meet with you today. The action of this government goes against everything we believe in. It is an affront to constitutional rights and disregards the principles of democracy.”
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