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  • Subject Name : Law

Slide 1: Introduction

The key purpose of good faith is to foster collaboration and mutual understanding. It is in this context that employers have made numerous attempts to reduce the importance of labour union and CUPE to public education in Ontario. The first phase of government-imposed cuts to education occurred in 2012. These cuts led to the imposition of the so-called "workload-reduction plan," which reduced postsecondary staffing by 5,700 full-time positions and led to the layoffs of over 20,000 postsecondary faculty and staff by the time it was fully implemented in 2016 (Canadian Union of Public Employees, 2018). The second phase of cuts took place in 2018 when the Ford government introduced its anti-union legislation, Bill 148, which included provisions that imposed mandatory arbitration on all union-regulated collective agreements (McGill University, 2019). These cuts led to the imposition of a wage freeze for workers and non-professional faculty and staff that was in effect from September 1, 2018 to June 30, 2019

Slide 2 : Chapter 7: Union Renewal and CUPE 

The chapter begins with a historical overview of CUPE that traces its growth from the beginning of organized labour in Canada to the modern union. Throughout this period, the union has faced unique challenges, such as a high level of member mobility and member turnover, the challenges of an aging membership base, increasing union density, declining industry-specific bargaining units, and declining union membership. However, it has developed new ways of meeting its members’ needs and building a strong and diverse union that has become increasingly relevant to the Canadian labour movement. According to the authors, CUPE has a clear vision of what it wants to accomplish over the long term and is organized to achieve it. Union renewal is embedded in this vision and is guided by five “cornerstones,” which are: a shared vision or goal, internal solidarity, member engagement, external solidarity, and a culture of renewal.

Slide 3 to 6: Ontario Education workers Serve Five days  Strike Notice

workers Serve Five days  Strike Notice

Ontario education workers served a five-day strike notice on the Ministry of Education to protest its bargaining strategy, according to a press release from the Ontario Secondary School Teachers' Federation. The teachers allege that the ministry is refusing to consider the recommendations that were made during the last round of bargaining, which were put forward by a task force. The OSSTF notes that it has not yet received a response from the ministry regarding the proposed changes. The union has not yet formally served a strike notice. In recent years, the Ontario government has made education workers a priority. It has made funding available to the union so that it can better serve its members, while continuing to work towards a collective agreement. A new bargaining process is scheduled to begin in January. The next round of bargaining is expected to be particularly difficult, as the teachers are seeking to secure a return to full-day kindergarten, a return to the current full-day pre-kinder.

bargaining committee’s negotiating

The bargaining committee’s negotiating team has requested that the OSBCU use only its bargaining mandate to negotiate with the school boards (OSSBs) and the education workers’ associations (OSEWs) over the terms and conditions of an agreement. We ask the OSBCU to do the same. The OSBCU has a responsibility to represent all educational workers, including teachers, educational assistants, office and secretarial support staff, and cafeteria, maintenance and security workers. We’ve been told that bargaining to create contracts that include all educational workers, while keeping them united, is the way to get a fair deal.

The needs of education workers and the importance of their work in Ontario’s schools cannot be overstated. They are critical to the school system’s functioning and the provision of quality education for all students. They are at the forefront of protecting and caring for our children, so we cannot afford to continue to neglect their needs or lack the resources to provide the necessary training and support (Mills, 2023). The Education Quality and Accountability Commission (EQAC) proposed in their 2020 budget cuts are not only cutting education funding but also cutting the EQAO’s capacity to assess whether schools are able to provide quality education. It is unacceptable for the Ford government to cut education funding, but then take measures that directly affect teachers and the quality of education our children receive. As workers, we should not be forced to do more with less, and we should be able to have the resources necessary to do our jobs (Baker, 2023).

CUPE Strike

CUPE Education Strike 2022

Legal Rights for Working parents are Available After the Strike is Over Although there may be some relief during a strike, these rights and protections are typically only available after the strike ends and employees have returned to work. No longer striking parents may still have many legal rights and protections. Employees who are on leave, or have resigned or been dismissed from their job due to a strike, may be entitled to various benefits, including termination benefits, sick leave pay, and pension or group insurance benefits. This may help parents to keep a roof over their heads during the strike and while they look for alternative employment during a period of economic instability. At this stage, legal advice is essential to help parents understand their legal rights during a strike and to help them navigate through the complicated legal and practical issues that may arise. Our lawyers can help you understand your legal rights and options and will provide you with the best options for resolving your situation.

Non-unionized employees in Ontario May be compensated under the Fair Workplaces, Better Jobs Act in the same manner and with the same protection as unionized employees, who are entitled to monetary compensation if they lose income during a labor dispute. For example, the government will provide a partial payment during a strike to employees whose employers use temporary replacement labor. In general, employers can refuse requests for special treatment because of personal problems if that could “interfere with the carrying out of business” (Schram, 2023). Employees cannot be penalized for a breach of the law (Schram, 2023). In Canada, it’s common for employers to pay partial salaries to strike employees as a gesture of goodwill.

Slide 9: The Need for Honesty in Negotiations

Joseph explains that the university’s position is that it is not the university’s job to negotiate on workers' behalf. According to Joseph, McMaster University is now in a unique place because it is a private university with the legal mandate to serve its students. As such, McMaster University has to meet certain social responsibilities. Joseph says this translates into the university’s commitment to set the standard. Joseph adds that McMaster University can set a higher standard by changing its stance to accept that the university has a social responsibility to meet workers' needs. The term “good faith” is an integral part of the Canadian labor market. It is often used to express honesty and transparency in negotiations. This series explains that in the case of teaching and research assistants at McMaster University, university leadership has implied that the workers are asking for an unreasonable hourly wage, without acknowledging the fact that these students are limited in the number of hours they can work while pursuing.

Slide 10: Struggle for Education Workers’ Rights

Struggle for Education Workers’ Rights

The struggle for education workers' rights is an ongoing battle in many parts of the world, as teachers, professors, and other educational professionals fight for fair treatment, job security, and better working conditions. These struggles often arise due to various factors, including government policies, budget cuts, and changes in educational practices. One of the primary concerns for education workers is job security. Many schools and universities rely heavily on part-time or adjunct faculty, who often work without the same job security or benefits as full-time employees. This can make it difficult for these workers to plan their lives or make ends meet, leading to financial instability and stress.

Slide 11: CUPE Ontario Education Workers' Historic Collective Bargaining Victory 

Historic Collective Bargaining Victory

The education workers of CUPE Ontario went on strike, demanding better working conditions, job security, and fair wages. After weeks of negotiations, they secured a historic collective bargaining victory. The agreement covers more than 55,000 education workers in Ontario and includes the following:

Slide 12: Conclusion

Labor disputes in the education sector have led to strikes and disruptions to student learning, with teachers and other education workers demanding better working conditions, increased wages, and improved job security. These disputes have often been characterized by tense negotiations between education unions and the government, with both sides holding firm to their positions. the Ontario government has tried to resolve these disputes and improve working conditions for education workers. In 2019, the government reached a deal with the Ontario Secondary School Teachers' Federation (OSSTF) that included a modest salary increase and some improvements to working conditions. The government has also introduced legislation to reduce class sizes and increase the number of teachers and education workers in Ontario schools.

Slide 13: References

Sefton, T. (2023). The Precarity of Extracurricular Education in Ontario Schools during Labour Strife. Canadian Journal of Educational Administration and Policy, (201), 28-38.

Karimi, S. (2020). Strikes in the Canadian Higher Education Sector: The Feasibility of Compulsory Binding Arbitration. International Journal of Higher Education9(2), 54-62.

Howard, P. S., & James, C. E. (2019). When dreams take flight: How teachers imagine and implement an environment that nurtures Blackness at an Africentric school in Toronto, Ontario. Curriculum inquiry49(3), 313-337.

Blustein, D. L., Kenny, M. E., Di Fabio, A., & Guichard, J. (2019). Expanding the impact of the psychology of working: Engaging psychology in the struggle for decent work and human rights. Journal of Career Assessment27(1), 3-28.

Pelissari, L. B. (2019). INTEGRATED HIGH SCHOOL AND THE STRUGGLE OF THE WORKERS: CHALLENGES OF THE PUBLIC POLICIES FOR PROFESSIONAL EDUCATION. ETD Educação Temática Digital21(3), 626-644.

Walchuk, B. (2022). Education for education workers: CUPE Local 3906 and the expansion of academic training. Where learning deeply matters: Reflections on the past, present, and future of teaching at McMaster University1(1).

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