Sneak peak at cover of third edition of The Law of Work!
Coming this spring.
Lots of new material, and as always the only Canadian book that examines all 3 work law regimes in detail—Common Law, Regulatory, and Collective Bargaining. And how those regimes interact.
There you have it folks, Ontario Conservatives are the first Canadian government to use the Notwithstanding clause to override Constitutionally protected Labour Rights.
Quite a day in Canadian Labour law and Constitutional history.
So, anyone else waiting around for a decision of the Ontario Labour Relations Board tonight.
Or is it just us labour law nerds?
#CUPE
#OnPoli
#CharterOfRights
Ontario government could have continued to bargain, then if no deal was reached, introduced carefully crafted back-to-work legislation with interest arbitration to settle dispute.
Had they done that, there may have been no strike and no Charter violation.
They had choices.
The Keeping Students in Class, 2022 Act:
- Includes notwithstanding clause: Ontario can violate workers' Charter rights for up to 5 years
- allows Govt to violate Human Rights Code
- Prohibits strikes, $4000/day fine for individuals, $500K day for union.
- Imposes a contract.
It’s not back to work legislation if workers never left work.
It’s a prohibition on the Charter protected right to strike and an imposed contract. Big difference.
Either you support unprecedented government overreach to quash fundamental Charter rights.
Or
You support a province wide general strike to resist unprecedented government overreach quashing fundamental Charter rights.
Will the Ontario government pull out their new toy, the notwithstanding clause, to stop collective bargaining and strikes at GO Transit too?
Or is this tool just for female dominated lower waged more precarious workers?
Dear High School teachers:
Had several teachers reach out asking if I could speak to their classes about the
#Bill28
, Charter issues.
I could prepare a 15 minute video targeting grade 11 & 12 that could be shown. If questions, you could send them to me.
Any interest?
Here at Queen’s Park,
@Sflecce
announces that no deal reached with CUPE
@osbcucscso
- says CUPE refused to remove strike threat - back to work legislation will be passed, and impose four-year contract on 55,000 support staff
#onted
#onpoli
#cupe
Ontario Conservative government: “If you are sick stay home”
Same government: “we are reducing amount of legal sick days, cutting paid sick leave, and repealing rule prohibiting employers from requiring doctor’s notes whenever employee takes a sick day”
#CoronaVirusCanada
On today’s instalment of “Is MOE Stephen Lecce violating the Labour Relations Act?”, we ask if his constant public communications telling CUPE & its members to “put students first” & not strike amounts to unlawful ‘interference in administration of a union’.
You know who has been noticeably quiet through this Bill28 controversy?
Minister of Labour
@MonteMcNaughton
, the guy who tried to sell Conservatives as the party of the workers.
Remember the much hyped ‘right to disconnect’ law that included no right to disconnect?
That guy.
BREAKING: Fewer workers want to work in highly stressful jobs for shit pay with legislated wage freezes.
A truly stunning realization down at Queens Park.
NEW: Ford government’s internal briefing documents admit low wages, Bill 124 have been contributing to health care staffing issues.
Based on FOI work by
@isaaccallan
#onpoli
I really can’t see how Ontario government’s plan to legislate a forced collective agreement while banning right to strike can withstand a Charter challenge
Which leads me to think we will see today the first use of notwithstanding clause in Canadian history in a labour dispute.
Teachers picketing across the street from my home office where I am working on an article on the right to strike in Canada.
By the sounds of the constant honking from cars driving by, there’s seem to be considerable level of support for the
#teachers
in the ‘hood!
#LawofWork
To be clear, cuz seems to be some confusion:
Once Bill28 is repealed, we're back into the normal rules of bargaining
- Means normal, legal 'duty to bargain in good faith' applies.
- Imposed contract gone
+ CUPE is still in a legal strike position (need to give 5 days' notice)
My daughter was told today that she can’t take physics in grade 11 because of class cancellations due to
@fordnation
and
@OntarioPCParty
.
Great leadership, dickheads.
#Onpoli
This is such a weird political hill to die on.
I’m a foreigner so don’t speak Manitoban. But the Conservatives are campaigning on a big promise to NOT help find the bodies of indigenous women murdered by a serial killer?
Are conservatives really that sick?
This campaign ad is the 2023 equivalent of Stephen Harper's "barbaric practices snitch line". A brand that sticks to a party. Years to live down.
Well done
@PC_Manitoba
#mbpoli
Reminder that none of us this was necessary.
The Ontario government chose to be provocative and unnecessarily aggressive. I assume this was done to appear tough to those in their base who despise collective bargaining.
Ontario government could have continued to bargain, then if no deal was reached, introduced carefully crafted back-to-work legislation with interest arbitration to settle dispute.
Had they done that, there may have been no strike and no Charter violation.
They had choices.
For labor law folks, this clip captures point I made about Govt violating duty to bargain.
MOE Lecce states clearly that govt refused to bargain unless CUPE withdrew its intention to engage in a lawful strike. Anyone think this ISN'T bad faith bargaining?
1/2
I’m at a Freshly Squeezed. When paying it ask you to add a tip. Asked employee if they get the tip and he said no, the company keeps it.
What kind of f&*cked up corporate theft is this bullshit?
Pass a law that all tips go to employees. Period.
Conservatives: century long lease of a public park to a foreign corporation is ‘just a standard lease’
@maritstiles
of
@OntarioNDP
: oh, well if it’s just a standard lease, show it to citizens.
Conservatives: No its secret.
And of course this is one of the HUGE concerns at play here, why the entire labour movement is behind CUPE.
If governments decide to use notwithstanding clause as simply a collective bargaining hammer, then we are basically no longer a real democracy. Govt just imposes contracts
A little story is turning into a bigger story after
@globeandmail
says it can’t or won’t say who purchased large ads condemning teachers and using fake photos from Poland. In a time when fake news is an international scandal, seems an odd position for newspapers to take.
NEW: A Toronto school trustee has filed a complaint with Canada’s ad standards body over anti-teacher attack ads from a fake parents’ group.
The Globe and Mail told PressProgress they “cannot disclose” the true identity of the mystery group.
#onpoli
Incredible hot take.
Or, the government broke the law by saying it wouldn't bargain unless the union agreed not to strike and the union said that's not how bargaining works.
So the Ford government enacted the most draconian labor legislation ever, & is now forced to back down
Last week the
@fordnation
said if CUPE took the strike off the table they'd negotiate a deal.
CUPE said no, they would strike.
Now Ford says he will rescind Bill 28 and the back to work legislation if CUPE goes back to work.
This could have happened last week with no strike.
This is the stupidest thing I have ever read by a supposed serious politician.
These are not grown up people ready to lead a nation. They’re cartoon characters. Let’s hope he gets annihilated in the election & federal Conservatives choose an adult next time.
Some folks thought we were being dramatic when we predicted that using the notwithstanding clause as a collective bargaining hammer would lead to province wide strikes.
Here's what I said to a reporter in an interview last week.
I'm no soothsayer. I just know labour history.
BREAKING: So
@fordnation
received almost $600,000 in donations from developers. In return did they get the
#Greenbelt
? Think it's time for the OPP to open a file. Agree?
Mississauga Councillor Parrish calls on cities to “act like CUPE” and “take a sledgehammer” to the Ontario Conservatives plans to encourage suburban sprawl through the green belt to enrich their developer friends.
“We’re too polite”.
Person running
#ServiceOntario
outlet in Welland had contract cancelled by government, no damages provided, she had to then pay severance pay to employees (not help from government). She's left with nothing.
Same government paying Walmart, Staples to take the work.
NEW - A ServiceOntario owner who had their business of 23 years closed by the Ford government speaks to CityNews in a broadcast exclusive. Hear why Claudia Savonia feels she’s been “Left high and dry”
WATCH -
Actually, Canada had its Tiananmen Square moment 70 years before Tiananmen Square.
It's called the Winnipeg General Strike and Bloody Saturday. The gentile treatment of insurrectionists in Ottawa could not be more different.
This story about workers not showing up for work and the harm it causes employers would have worked better if it also discussed the flip side, employers who schedule workers last minute, change schedules, and cancel shifts.
Quite an allegation. Unions essentially arguing that Conservatives are prepared to let people die if it pushes their privatization of health care agenda.
Ontario's five largest healthcare unions joined forces to warn the public about the crashing healthcare system, saying they believe the Ford government is intentionally manufacturing the crisis to justify privatization.
@TinaYazdani
Now Basu is referencing how Quebec just overrides people's rights all the time with notwithstanding clause.
That's where we are at folks. Ontario is now justifying its draconian use of notwithstanding clause by arguing "LOOK, QUEBEC GETS AWAY WITH THIS ALL THE TIME".
Sad day.
Friends, we're trying to get a family out of
#Ukraine
including 7 children ages 9-22 & their moms. They're sheltered in a small house 3 hrs from Polish border. If they can make it to Poland, we'll fly them to Toronto, find a home.
If you can help at all:
Ontario Place was such a fun (and cheap) place to go when I was a kid.
But why have cheap, fun, and accessible when you can have expensive spas owned by foreign corporations!
This morning's
#OLRB
hearing in Min. of Education v. CUPE begins at 9 am. Watch it here:
I will comment until I need to be a dad.
First up: OLRB decision on whether
@Sflecce
& another senior govt official can/should be ordered to appear as witnesses.
😂 Banning tolls on all highways except the one that has tolls is so on Ontario Conservative brand.
Pretending to do stuff.
Like banning unpaid training that is already illegal & introducing a much hyped “right to disconnect” that doesn’t include a right to disconnect.
Her complaint is her wages are too low.
PP’s solution is to lower federal taxes. It’s the only answer they have. Religious like faith in tax cuts as cure for every ill.
She hardly pays any federal tax.
What she needs is provincial labour law reform.
After 8 years of Justin Trudeau, people like Nicole, who did everything right, are struggling to eat, heat & house themselves.
We will reward hard work with lower taxes, so Nicole brings home more of each dollar she earns.
#BringItHome
I'm reading
@CUPEOntario
's response to the Ontario government's illegal strike application. Some points:
- top notch lawyers from
@GPLLP
are counsel
- Government named CUPE-Ontario as respondent, but "CUPE Ontario" is not a union. Suspect that OLRB will permit correction here.
Yes.
I suspect
#Bill28
will be challenged at the
@ILO
.
And there is no question it violates Canada’s legal obligations under ILO Conventions 87 & 98.
The ILO will rule this and that decision will join many others in which Canada has violated international labor laws
The Keeping Students in Class, 2022 Act:
- Includes notwithstanding clause: Ontario can violate workers' Charter rights for up to 5 years
- allows Govt to violate Human Rights Code
- Prohibits strikes, $4000/day fine for individuals, $500K day for union.
- Imposes a contract.
Why does this government feel the need to constantly spin collective bargaining in the media?
Why not just shut up, as the mediator suggested?
Because we’re now gearing up for a new job phase in the battle of public opinion. Can the govt turn public opinion against the workers?
We’re getting real life evidence to support all of us who noted that if the “trucker convoy’ were strikers the police would have shut the protest down almost immediately.
Interesting wording in CUPE’s press release.
“The agreement is no where near everything workers & students deserve, however it’s all the government is willing to give”
Hardly a ringing endorsement from the union’s bargaining committee, but gets the govt a vote.
Look who’s surfaced.
Minister of Labour in government that walked away from bargaining table, imposed a crappy collective agreement, banned right to strike, and invoked notwithstanding clause to quash labor rights….
Now says govt and labor need to work together. Lol.
Seems like Lecce got some legal advice (finally). Lecce being careful to say that the government will "stay at the table" and try to get a deal, even though CUPE has given a strike notice.
Giving a strike notice is a perfectly normal & legal tool for unions to build leverage.
My idea for a new law that I’ve called “No Bonuses if Layoffs Act” got a lot of Likes!
Simple rule: Illegal to pay bonuses to execs or senior managers in a year in which any employee has been laid off.
Would be very popular law (except for execs).
@SeamusORegan
@MaritStiles
Really a big surprise that people aren’t rushing to become teachers in Ontario. Or nurses.
What with all the support and praise they receive from our political leaders in the province.
My mom worked almost 20 yrs for Eatons. When 64, Eatons “downsized” her & gave her employment standards minimum notice. She was due to retire with full pension 9 months later.
This scummy company led me to become a labour lawyer & shaped my attitude about employment law.
Seriously, what percentage of Torontonians are going to use a giant spa?
There really was no better use of this prime public real estate? Just mind-boggling political incompetence by
@fordnation
Conservatives.
NEW: Therme, the Company behind Ontario Place spa says it’s ‘working furiously’ to redesign and address criticism.
Some city councillors say it has a long way to go.
#onpoli
For what's it worth, the new Keeping Students in Class Act is a clear and obvious violation of Ontario's international law obligations under
@ilo
core Conventions 87 & 98, which Canada has ratified.
Look for yet another rebuke from the ILO's expert bodies.
Now that arguments are done & decision written (I assume): I’d be surprised if OLRB doesn’t find this is an unlawful strike
CUPEs lawyers were fantastic, but case law isn’t on their side. I could be wrong.
I also don’t think it matters much. This is now about power & politics.
Hwy 413 is possibly the most blatantly corrupt political act in Ontario in my lifetime. I can’t think of anything worse.
And corruption is obvious. It will destroy vital agricultural land, and achieve nothing of value for Ontarians.
Disgusting.
The spectacle of a political party passing legislation to override its own corruption is something.
The Ontario Place scandal is the next domino to fall.
The Conservatives run Ontario like an organized crime ring.
NEW: The Ford government will table legislation at 1pm that will reverse the Greenbelt land swaps and codify the boundaries of the protected lands in legislation.
The housing minister will speak at 1:30 from Queens Park.
#onpoli
Scott Moe, Premier of
#Saskatchewan
, explaining that fundamental Charter rights for marginalized communities should only be protected if the majority wants them to have rights.
Stunning take on the Canadian Charter of Rights and Freedoms.
Professor Emeritus Patrick Macklem of
@UTLaw
has filed a complaint with
#OPP
requesting investigation into corruption by Ontario Conservatives on Greenbelt/
#Highway413
fiasco.
Patrick Macklem - Below is the text of a request I filed... | Facebook
These two stories the same day in the
@TorontoStar
provide a great snapshot of the state of political economy in Canada today.
Which political parties have platforms that would check runaway executive compensation and reduce child poverty?
Good place to start!
Can’t over emphasize how quickly the power of the state, police, and the courts would have cracked down on strikers in a labour dispute blocking an international border crossing.
A multi-billion $$ third highway going in the same direction as two existing highways to appease real estate donors takes priority over health care in this Conservative government.
Hallway health care: Ontario Health metrics put numbers to strained system
The number of hallway health-care patients has hit its highest-ever level, according to Ontario Health
via
@Thetrilliumca
Peter MacKay says he didn’t send or approve the asinine Tweet sent in his name criticizing Trudeau’s yoga activities. Says the idiots he hired did it.
So far so good.
Taking a strike vote is not threatening a strike. Votes are a normal part of collective bargaining that the law encourages.
Taking a strike vote is not threatening a strike. Votes are a normal part of collective bargaining that the law encourages
Taking a strike vote is not …
#BREAKING
- Education minister Lecce out with a statement following news the elementary teachers union will hold a strike vote between mid-September and mid-October.
“Threatening another strike and creating anxiety for parents and students just weeks before the start of the…
Almost 50% of survey respondents support mass sympathy strike by other unions to support Doug Ford's attack on education workers and Charter rights.
Government totally overplayed its hand. Completely unnecessary aggressive and bullying behaviour.
New Abacus Data poll indicates 48% of respondents are in favour of other unions staging a sympathy strike to protest the Ford govt’s Bill 28.
Ford gov’t seems to be relying on internal polling indicating parents want schools to remain open (or so I’ve heard)
#onpoli
#onted
The
@fordnation
Conservative government in
#Ontario
just sold a cherished piece of lakefront public property to a European corporation for 95 years.
This after they sold the greenbelt to donor developers.
Majority Conservative governments are horrific for the public good.
NEW: Therme, the company behind a controversial waterpark and spa that’s set to take over a major portion of Ontario Place has signed a 95-year lease with the province of Ontario, Global News has learned.
#onpoli
OLRB Chair question: Isn't there something wrong with a system that just allows a govt to completely strip bargaining rights & destroy the historical compromise & then say "tough" to the workers?
Puts govt lawyer in position of having to say: "fairness has nothing to do with it"
Employment law quiz:
Human rights legislation prohibits employers from giving preference based on family status (ie being a daughter).
Explain whether any exception exists that permits the Doug Ford government to bounce their children around from job to job.
Or what about the back room puppet masters who came up with the horribly flawed legal strategy to legislate an agreement and use the notwithstanding clause?
Those folks remain hidden from the public, but someone has been giving some very bad legal advice down at Queens Park.
Erin’s central message is essential:
All lawyers, all law societies, everyone interested in the judicial system in Canada must strenuously resists & call out the Ford government’s stated intention to stack the judiciary with judges who will do bidding for conservative agenda.
I have something to say about the state of the Justice System in Ontario. I hope some of you will join me in standing up and demanding better from our elected officials.
Carolyn Mulroney just has no judgement at all.
First she agrees to be the puppet AG who defends using notwithstanding clause as an everyday political tool to push thru unconstitutional laws.
Then she accepts a sham patronage knowing it will be panned.
And for what purpose?
Any labour lawyers out there concerned about a Minister acting on behalf of employer in bargaining publicly chastising the union for considering a strike vote and telling the union it “needs to” not take a strike vote?
Unlawful interference with administration of a union?
My message to parents is clear: this government will do whatever it takes to ensure your kids return to normal and stable classrooms. Full stop.
@CUPEOntario
needs to immediately halt this march to a potential strike in September and focus on keeping kids in class.
Okay fine folks, its 9 p.m. and I'm afraid I need to sign off for the evening.
Life has interfered with this noble cause of live tweeting this very important case. As an author of multiple books on the subject, I can say that what the Ford govt is doing here is very scary.
We are done here for the night folks.
OLRB hearing resuming tomorrow morning at 9 a.m. when the Chair will issue his decision on whether Minister Lecce and/or a senior official will be required to testify.
Night everyone.
This is important. Ontario has withdrawn from 80 year long compromise that is foundation of our system.
It has imposed an even greater restriction on right to strike (complete ban) WHILE also refusing to bargain in good faith.
OLRB Chair asks, is it just "too bad, so sad"?
Also most people would be surprised to learn how little their lives are affected by the federal government.
Our daily lives are FAR more influenced by provincial and municipal governments in Canada.
Almost everything people blame Trudeau for is not federal responsibility.
It’s popular to dunk on govt.
Especially the federal govt. Who some think doesn’t do big things well.
These views have limited basis in fact.
There are lots of areas for improvement.
But you’d be surprised at how well the fed govt does on some things.
Here’s a🧵 1/n
#cdnpoli
Recall government’s strategy with CUPE education workers was to demonize this basic, normal step of taking a strike vote.
Watch for Lecce to do same again. Ignore that.
The law is designed to encourage strike votes. It’s mundane and normal. Expect overwhelming support too.
More secret back room deals with Conservative corporate supporters.
If Ontario never elects a majority Conservative government again it will be too soon.
#EXCLUSIVE
- The Ford government will use taxpayer dollars to retrofit two Walmart stores that will also host ServiceOntario outlets, CityNews has learned. This is in addition to the sole-sourced deal handed to Staples that will also see taxpayer $ used.
Ontario is last in every comparison of post-education finding, 10th out of 10. Report lays blame for crisis in education squarely at the door of
@fordnation
Conservatives.
“If a lefty mayor gets in there, God help the people of Toronto,” Mr. Ford adds.
“If a left-wing mayor gets in there, we’re toast.”
But he adds he wouldn’t rescind the strong mayor powers, says it’s up to people to decide.
He’s saying education workers must take whatever the govt gives them & not fight for a penny more.
Don’t forget his govt could have, but did not, refer bargaining issues to a neutral arbitrator. He didn’t want a neutral involved. He chose to be autocratic & impose a contract.
I have so many great memories of Ontario Place as a kid. Paddle boating around the lake, watching movies in the cinesphere, etc. And we had no money. You didn’t need money.
Selling off this park to a foreign corporation to build a high end spa & parking lot is unforgivable.
Distressed to see removal of trees begin at Ontario Place.
The Province decided to break all rules of good planning, environmental & democratic process to impose their plans for a private water spa that doesn’t belong on our waterfront.
They can still make another choice.
CUPE might argue that govt always or very early on decided it was going to legislate a contract, ban strikes, & use notwithstanding clause.
If true, then collective bargaining was a sham. This would be relevant to OLRB's discretion to grant a remedy to govt.
The Conservatives’ argument is now that they are farming out ServiceOntario jobs to giant American corporations and paying those corporations for the pleasure (!) because …
Checks notes..
Ontarians want to shop for pencils while they wait in line.
Some advice, if you find yourself in a hole, stop digging.
Ontarians deserve answers on these sole-sourced ServiceOntario contracts with American-owned big-box stores.
The Conservatives need to come clean about why they’re using taxpayer dollars to help Staples & Walmart. 1/2
The political right in Canada always make same mistakes.
Get a majority due to Liberal fatigue, then shift too far right for mainstream Canadians, allowing Liberals back.
Selling off Green Belt to developers, contracting out public health care = beginning of end for Tories.
Reminder: the govt lawyers are just messengers sent out to do the government’s dirty work. If NDP was in power they would be defending NDP laws.
The lawyers are not your enemy if you hate Bill28. The Conservative govt is.
People should direct their anger and frustration at
@fordnation
,
@Sflecce
and the politicians who supported this unprecedented attack on Ontario workers.
Not the lawyers who are given the unenviable task of spending their weekend trying to defend it in a public forum.
If govt is correct, it means a govt can take a statute that is ruled unlawful (violates Charter), incorporate statute into a new Bill with a notwithstanding clause, and POOF, the unconstitutional law becomes constitutional.
Easy road map for sleazy govts to trump Charter rights.
People should direct their anger and frustration at
@fordnation
,
@Sflecce
and the politicians who supported this unprecedented attack on Ontario workers.
Not the lawyers who are given the unenviable task of spending their weekend trying to defend it in a public forum.
Both Jerry Dias and Warren Smokey Thomas, leaders of major Canadian unions who stood with Conservative Premier Doug Ford for photo ops for weak labour law reforms, were later accused of serious fraud by their unions and left in disgrace.
#CanLab