OPSEU legally challenges Bill 115, vows to have it repealed
Thursday, October 11, 2012 by: SooToday.com Staff
NEWS RELEASE
ONTARIO PUBLIC SERVICE
EMPLOYEES UNION (OPSEU)
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OPSEU files legal challenge in defense of bargaining rights
TORONTO - The Ontario Public Service Employees Union filed a legal challenge to Bill 115 on Thursday, October 11, 2012.
OSSTF, ETFO and CUPE have filed similar challenges in an effort to protect the Charter right to bargain.
"Collective bargaining is essential to democracy," said OPSEU President, Warren (Smokey) Thomas. "By legislating education worker contracts across Ontario, McGuinty Liberals have denied workers their rights under the Canadian Charter of Rights and Freedoms. This is in turn a threat to all collective bargaining in both the public and private sectors."
"Furthermore, Bill 115 allows the government the power to interfere with the right to strike. This is unacceptable," said Thomas.
"The Ontario Liberals' legislation is unconstitutional," said Thomas. "Collective bargaining rights are essential to democracy: They are protected under the Charter for a reason."
"We were correct in warning that Bill 115 was just the beginning," said Thomas. "The proposed Protecting Public Services Act is more of the same. It would allow the government to determine the outcome of contract negotiations before they've even begun."
"We've filed a legal challenge to Bill 115, and will do what it takes to ensure it is repealed. The Ontario Liberals cannot be allowed to get away with this flagrant disregard for democracy. We are taking a stand for all education workers, for all working people in this province, for our students, and all those who depend on public services," said Thomas. "This is a fight worth fighting."
Legislation affecting Ontario's education workers is compounded by cuts to the Ontario Public Service, attempts to take control of pension plans, and chronic underfunding of social services including healthcare, education and social services.
OPSEU represents more than 130,000 workers, including 2000 members at Ontario's Boards of Education.
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KMF61MCF 10/11/2012 1:13:13 PM ReportI thought Mike Harris was bad. Shame on the Ontario Liberals.
speed7 10/11/2012 2:41:35 PM ReportNot paricularly immpressed with all the pariies right now. Its a pretty big eyesore at the least to see underhanded politicians rearing their ugly heads. Their teacher hating campaign might draw near a close. I didnt think the perequisite was you had to be an actor before bieng a politician? Welcome to Hollywood in the North!
Justin Tetreault 10/11/2012 3:32:04 PM ReportI suppose McGuinty could have just fired tons of teachers like Mike Harris did in order to control costs.
Instead he's trying to save their jobs by freezing their salaries.
diggie 10/11/2012 3:50:59 PM ReportJustin - it is not about saving jobs - the Ontario Liberal government is contravening the Charter of Rights! Unionized workers have a right to bargain. Revenue will always be accrued through taxes - a Liberal government was elected to not castrate public employees, to not be totalitarian in it's policies, to not spend insane amounts of money on "sustainable energy" projects, and to make cuts to big business, the wealthiest, and perhaps the pensions and payrolls of Members of Provincial Parliament!
Justin Tetreault 10/11/2012 4:43:35 PM Report"Ontario Liberal government is contravening the Charter of Rights!"
That's for a court to decide.
"Unionized workers have a right to bargain."
They also have a duty to bargain in good faith, which they didn't by walking away from the negotiation table after a few hours.
"Revenue will always be accrued through taxes"
Ok, so you'd like the government to raise taxes in a fragile economy. Awesome.
"a Liberal government was elected to not castrate public employees"
So you'd rather the government take the PC approach and just fire thousands of workers?
"to not be totalitarian in it's policies"
The Liberals have a minority government. This passed the legislature. The Liberals didn't do this themselves
"to not spend insane amounts of money on "sustainable energy" projects"
The Liberals ran multiple elections on green energy promises. They were elected specifically to spend money on sustainable energy projects.
"and to make cuts to big business, the wealthiest"
What does this even mean?
"and perhaps the pensions and payrolls of Members of Provincial Parliament!"
MPPs froze their own salaries years ago and they did it for 5 years, not the 2 years they are asking for teachers. And they don't have pensions, unlike the gold plated pension plan that teachers have.
Jimssm 10/11/2012 4:56:43 PM ReportJustin...
I'm not sure why you're bringing up teachers, this isn't the teacher's union.
The gov't is freezing the wages of everyone except police, ambulance drivers, and firemen.....oh, and the upper management.
I'm In 10/11/2012 5:01:06 PM ReportJustin: What are you talking about MPP's don't have pensions, Tony Martin has a Provincial and a Federal Government Pension, just ask him.
I'm In 10/11/2012 5:04:02 PM ReportAnd Tony will never have to work another day in his life, I work in the Public Sector and like teachers and we have to pay into it for it to be decent.
diggie 10/11/2012 5:09:45 PM Report"Ontario Liberal government is contravening the Charter of Rights!"
That's for a court to decide.
Good. Then Democracy will be practiced and followed.
"Unionized workers have a right to bargain."
Let me make it clear Justin: When the teachers union executive went into the collective bargaining process, they were met with former tax lawyers, bankruptcy and solvency lawyers and corporate lawyers and given no chance for the bargaining process. They walked away - only because the Liberal Government was there with these corporate lawyers who were treating the process as though Ontario was bankrupt! These lawyers were not willing to negotiate - that is totalitarianism! Get it right, you know what the government did!
"Revenue will always be accrued through taxes"
No, I did not say raise taxes - but revenue is always going to be collected - the Liberal government needs to spend it wisely and not attack teachers - YES attack...
"a Liberal government was elected to not castrate public employees"
So you'd rather the government take the PC approach and just fire thousands of workers?
No - they need to be a LIBERAL government
"to not be totalitarian in it's policies"
The Liberals have a minority government. This passed the legislature. The Liberals didn't do this themselves
COP OUT
"to not spend insane amounts of money on "sustainable energy" projects"
The Liberals ran multiple elections on green energy promises. They were elected specifically to spend money on sustainable energy projects.
Have YOU read any research coming out of Europe where these initiatives are being abandoned!!
"and to make cuts to big business, the wealthiest"
TAX THE RICH, FEED THE POOR
"and perhaps the pensions and payrolls of Members of Provincial Parliament!"
MPPs froze their own salaries years ago and they did it for 5 years, not the 2 years they are asking for teachers. And they don't have pensions, unlike the gold plated pension plan that teachers have.
Come on - seriously!! MPPs' are Platinum plated if teachers' are gold plated!
Hatch 10/11/2012 5:49:45 PM ReportRepeal the bill then layoff teachers to compensate for the cost difference.
Problem solved
In the end the teachers will have their constitutional rights restored but less of them working.
Justin Tetreault 10/11/2012 5:58:17 PM Report"Justin...
I'm not sure why you're bringing up teachers, this isn't the teacher's union. "
Bill 115 was the Putting Students First Act, 2012. OPSEU represents some educational workers.
Justin Tetreault 10/11/2012 6:00:30 PM Report"The gov't is freezing the wages of everyone except police, ambulance drivers, and firemen.....oh, and the upper management."
What are you talking about? The government just proposed a 3 year freeze for public sector managers and to cap their pay.
http://news.ontario.ca/mof/en/2012/09/capping-executive-compensation-and-freezing-pay-for-public-sector-managers.html
Justin Tetreault 10/11/2012 6:04:52 PM Report"Justin: What are you talking about MPP's don't have pensions, Tony Martin has a Provincial and a Federal Government Pension, just ask him."
MPP pensions were phased out in 1996. Tony Martin has an MP pension.
diggie 10/11/2012 6:09:10 PM ReportWhy would any society want to lay off teachers or any other worker who improves our quality of life?? Laying off anyone is not an option. We in Ontario are not in the same boat as Spain or Greece - get real Liberals. Why not find BETTER solutions, eh Hatch!!
riverman 10/11/2012 6:09:32 PM ReportJustin:
Thank you.
diggie 10/11/2012 6:11:11 PM ReportMPPS are paid in Lieu of Pension.
Teachers contribute to their pension every paycheque, which is more than income tax deductions - so do you GET IT! Nobody pays for teachers pensions except teachers!
diggie 10/11/2012 6:12:50 PM ReportReally...MPPs have no pension - are you sure? No pension at all? Explain, please...
riverman 10/11/2012 6:17:28 PM ReportHere you go, diggie:
http://www.chathamthisweek.com/2011/10/27/retired-and-defeated-mpps-receive-compensation
Justin Tetreault 10/11/2012 6:24:44 PM ReportThat's severance pay, not a pension. Their defined benefit pension was ended in 1996.
diggie 10/11/2012 7:41:28 PM ReportSo remember, the issue here is the legality of Bill 115. Democracy should run it's course and examine the Bill... MPPS contribute to an LIRA and receive compensation equivalent to a pension if managed properly.
NO to Bill 115. YES to democratic process and constitional rights.
Leaving the building now. Thanks.
speed7 10/13/2012 7:45:51 PM ReportJustin , no offense but you are wrong when you say teachers only had wage freezes for 2 years. Its been ongoing for many years off and on. If you look back they've had the wage freezes starting in 2009 and previuously in other years. Also in reference to gold plated pensions? No I disagree with that. They pay into there own pension plan. Its not handed over. Politicians have the gold plate not teachers. Now they were asking to dip into that and force them to retire later after 3 years I beleive it was. Not to mention other things bieng taken away. You cannot compare a teacher to a politician . Big difference. I am surprised you would remark and make such statements. YOu seemed very intellectual in your posts. But I dont think you totally understand teaching. I think you would make for a good politician though.
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