A lawyer for the Canadian Union of Public Employees told the board that if it complied with the government’s request to declare the strike illegal, it would send a message that labor laws and collective bargaining rights no longer exist.
The Progressive Conservative government included the non-applicability clause in its education worker legislation that banned strikes and imposed a four-year contract on union members, saying it plans to use the clause to protect itself from constitutional challenges.
Thousands of workers, including teaching assistants, custodians and librarians, walked off the job on Friday in protest and CUPE has indicated the strike could continue indefinitely.
Citing case law, CUPE lawyer Steven Barrett argued that Ontario has used the clause to address labor issues in an unprecedented and inappropriate way.
Government lawyer Ferina Murji addressed the risks of the labor council undermining the province’s own labor laws if it fails to declare the walkout illegal.
Board President Brian O’Byrne said he hoped Sunday would be the last day of the hearing.
