On the second day of the CUPE educational workers' protest that left 1,000s of Catholic school students at home and parents scrambling, Ontario Premier Doug Ford blinked first, offering to rescind the use of the Notwithstanding clause if CUPE members would head back to work.
CUPE leadership responded quickly, indicating that they would be back to work on Tuesday, Nov. 7.
The strike's effect on children attending public schools in Halton was less because only custodial staff are CUPE members, allowing the schools to remain open.
The Halton Catholic District School Board (HCDSB) was forced to close its schools since CUPE represents custodial staff, EAs, DECEs, ESL instructors, IT technicians, library technicians and school and board administrative office staff, among others.
Education Minister Lecce released the following public statement at 12:18 p.m. on Nov. 7: "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. As we have always said and called for, kids need to be back in the classroom, where they belong."
"We are pleased to get back to the negotiating table," said Susy Viana-Azevedo, President of CUPE Local 5200, representing 1050 HCDSB education workers. "As a sign of good faith, we are collapsing our protest lines. The repeal of Bill 28 has given us back our right to strike and collective bargaining, thanks to the united efforts of workers."
On Sunday, Oct. 31, CUPE threatened to strike on Friday, Nov. 4, if a settlement couldn't be reached. In reaction to the threat, the Ford government pushed through legislation (Bill 28) which used the Notwithstanding clause to bypass labour negotiations by pushing through a contract and making strike action illegal.
The two sides negotiated up to the deadline but couldn't resolve their differences.
The notwithstanding clause was initially intended as a way for provinces to opt out of federal government overreach, and up until recently, it had never been used.