As a group of education workers have a strike date looming on Friday, the province is signifying that it will act against job action that could disrupt students being in the classroom.
The province on Monday announced it intends to invoke the notwithstanding clause to legislate against education workers represented by the Canadian Union of Public Employees from hitting the picket lines.
While also blocking the union's ability to legally strike, the legislation would establish a four-year agreement between the government and the nearly 55,000 education workers represented by CUPE.
This will be the third time the Ford government has invoked the notwithstanding clause.
In a tweet, Education Minister Stephen Lecce said, “we offered to the union, in good faith, a better option, a higher pay representing 10 per cent over the course of this mandate, maintaining the best pension, the very best benefits, and a very generous sick leave program of 131 days.”
Kids have been through so much.
— Stephen Lecce (@Sflecce) October 31, 2022
That is why we will not waver from our conviction that every student deserves to be in class. pic.twitter.com/sF0igz7qNy
According to Lecce, CUPE has rejected the government's offers and insists on nearly 50 per cent increases in compensation or they would strike.
CUPE Ontario president Fred Hahn said Lecce's characterization that the government has no choice but to introduce the legislation is wrong.
He has a choice to offer an adequate salary increase that compensates for over a decade of wage cuts," Hahn said. "He has a choice to invest in education to ensure adequate staffing levels from the classrooms to the libraries. And he has a choice to continue negotiations without having the threat of ramming through a contract full of concessions and wage cuts over the heads of frontline workers.”
The legislation would impose that the workers will receive a salary increase marginally above the government's original offer back in August. The contract would provide employees with the top end of their salary below $43,000 annually with a 2.5 per cent increase, with a 1.5 per cent for employees above that threshold.
Additionally, workers would get an increase in benefits contributions resulting in a $6,120 annual employer contribution per employee by Aug. 31, 2026, funding through the Support for Students Fund, sick leave and short-term disability leave, a $4.5 million in funding for apprenticeship training, and an extension of modified job security provisions.
“Lecce calls this offer a generous one,” Hahn said. “A half percent wage increase to an already-insulting offer isn’t generous. An additional 200 bucks in the pockets of workers earning 39K isn’t generous. It wouldn’t even be generous to accept our proposal – it would be necessary, reasonable, and affordable. It’s simply what’s needed in our schools.”
MPP Kevin Holland (PC, Thunder Bay–Atikokan) said the government is delivering on its promise to keep students in class.
"The Keeping Students in Class Act will establish a fair and fiscally responsible four-year collective agreement with CUPE education workers across Ontario," Holland said in an emailed statement. "Our government will stand up for families and never waiver in our commitment to ensure their children remain in the classroom right through to the end of the school year.”
However, Hahn is not backing down.
“On Friday, regardless of what this government does, we will be engaging in a province-wide political protest where no CUPE education worker will be on the job until we get a real deal. Our members will not have their rights legislated away. Now’s the time to stand up for ourselves and public education and that’s just what we’re going to do,” Hahn wrote.
At least four school boards in the province have said they would have to close schools in the event of a strike. No boards in northwestern Ontario have said they would be in a similar position.
