Premier Doug Ford “blinked” and Canadian Union of Public Employees are ending their province-wide protests meaning kids will be back in classrooms Tuesday.
After the premier pledged in writing to the union that he will repeal his controversial bill overriding Charter rights on Tuesday and return to the bargaining table, CUPE has called off the strike by 55,000 school support staff.
The union’s move came about three hours after Ford offered what he called a “massive olive branch” Monday to “rescind” Bill 28, the Keeping Students in Class Act, that only passed last Thursday.
“We … can confirm that the premier will introduce and support legislation that will repeal Bill 28 in its entirety,” said Laura Walton, president of CUPE’s Ontario School Board Council of Unions, which represents custodians, office staff, educational assistants and early childhood educators.
“This bill will be repealed in a manner that ensures the legislation will deem that it was never a law in Ontario in the first place,” said Walton, who was backed by leaders of public- and private-sector unions, who heralded that Ford had “blinked” after being so heavy handed.
“As a gesture of good faith … (we) will be collapsing our protest sites starting tomorrow.”
That means millions of students and parents could see things return to normal on Tuesday.
Ford, who made his announcement with Education Minister Stephen Lecce, said earlier Monday he was willing to backtrack on the bill that bans strikes and forces a contract on CUPE, invoking the Constitution’s notwithstanding clause to do so.
The offer — which the premier called a “massive olive branch”— was meant to turn down the heat as workers remain off the job for a second day, shutting down schools in many boards.
It came amid talk of a general strike and as thousands of education workers protested out front of Queen’s Park.
Ford had said the government “as a gesture of good faith” was willing to repeal Bill 28 “but only if CUPE agrees to show a similar gesture of good faith by stopping their strike and letting our kids back into their classrooms.”
Students, he added, “don’t deserve to be caught in the middle of these negotiations … for the sake of the students, CUPE please accept this offer. Take strike action off the table and let our kids back in class.”
Once that happens, “we sit down at the table and we negotiate a fair deal, folks. Eventually this has to come to an end. The only people CUPE is hurting are the kids right now.”
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After the union’s announcement, Lecce confirmed “CUPE has agreed to withdraw their strike action and come back to the negotiating table.”
“In return, at the earliest opportunity, we will revoke Bill 28 in its entirety and be at the table so that kids can return to the classroom after two difficult years,” he said.
That means the legislature, which is not sitting this week, will be called back Tuesday.
“As we have always said and called for, kids need to be back in the classroom, where they belong.”
Ford said his government didn’t make the decision to introduce back-to-work legislation and impose contracts — using the Charter’s notwithstanding clause — lightly.
Meanwhile, both the government and CUPE were still awaiting a ruling from the province’s labour board on the strike by support staff, as workers continued to hold rallies outside Progressive Conservative MPP offices across the province.
At a rally with protesters circling the legislature, CUPE Ontario secretary-treasurer Yolanda McClean whipped up the crowd saying “our pressure is working, your pressure is working” after Ford’s remarks.
“We will win.”
But the first step must be for the government to repeal Bill 28, she added.
The government has asked the Ontario Labour Relations Board to rule that the strike by 55,000 school support staff — custodians, early childhood educators, educational assistants, library technicians and others — is illegal. A hearing began last Thursday evening and continued throughout the weekend, wrapping up Sunday afternoon.
Last Thursday, the government passed the bill that pre-emptively banned CUPE’s strike and imposed a four-year contract on school staff.
The move has galvanized the labour movement, with CUPE and other unions — education and others — expected to announce the rally and threat of a broader strike, sources told the Star.
Sources said the move was given the go-ahead on Saturday after a meeting of leaders of the Ontario Federation of Labour.
CUPE was also considering asking all of its members, except those working in medical or nuclear jobs, to walk the picket lines, according to sources close to the union.
The government had maintained the legislation was needed to keep kids in class after two and a half years of disruption because of the pandemic.
“Our goal has been clear — to keep students in class,” Ford said Monday. “We put forward a fair and reasonable offer” that includes the “largest compensation (increase) to education workers in over a decade” as well as protect pensions and benefits.
“We want a deal that’s fair for students, fair for workers, fair for parents and fair for taxpayers. And we know we can get there, as stewards of taxpayers dollars,” Ford also said. “We also have a responsibility to the entire province. A deal with CUPE has massive impacts on broader public service salaries, as well as the government’s ability to invest in services like health care, transit, education and hospital infrastructure alongside other vital public services.”
But the legislation has galvanized the labour movement, including unions that threw their support behind the Conservatives during the last election.
The two sides were far apart when talks broke down — the union seeking about six per cent in annual wage increases, the government offering up to 2.5 per cent a year over four years.
CUPE members face individual fines of $4,000 daily under the legislation every day they are on strike, and the union $500,000. That means a $220 million bill per day.
CUPE has received some donations from other unions, but has said it will fight any fines.
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