This Tuesday, May 26, your OPS Unified Central Employee Relations Committee (CERC) entered into our formal hearing at the Ontario Labour Relations Board (OLRB) in our challenge of the provincial government’s Return-to-Office (RTO) mandate.
We were cheered on by members across the province during four incredible lunch-time rallies that made it clear that our fight wasn’t only at the labour board in Toronto. Thank you to every member who took on the fight and organized these regional rallies – the power and solidarity from these events sent a clear message that workers in OPS Unified will not back down in our fight for the right to bargain our working conditions!
We headed into our formal hearing prepared to present our case to the adjudicator that the Ford government’s unilateral RTO mandate was a breach of the freeze provisions as outlined in Section 86(1) of the Labour Relations Act. We had the opportunity to present our case in full, emphasizing that the Ford government’s mandate was implemented after OPSEU/SEFPO served notice to bargain, making it a clear breach of the statutory freeze provision that prohibits employers from making unilateral changes to working conditions once bargaining has commenced. We made sure to emphasize that our challenge is not about us asking for something new – it’s about protecting established working conditions and respecting the collective agreement. Members of OPS Unified already had the ability to work remotely, and they deserve stability and fairness during the bargaining process.
The employer presented a case that relied on their claim they have the unilateral right to direct work and argued that the Hybrid Work model was never intended as a permanent work model. This is despite the Secretary of the Cabinet Memo sent to all staff in March 2022 which stated hybrid work will be part of the plan for the future of work in the OPS. With both sides having the opportunity to present their cases in full, the formal hearing was concluded and we will not need to meet again on June 5, 2026.
The decision is now in the hands of the Chair of the Ontario Labour Relations Board, Brian O’Byrne, who will take our arguments into consideration and issue a final decision on if the RTO mandate was a breach of the freeze provisions. While we do not have a set timeline for when this decision will be issued, we do anticipate that it will come before the end of the year.
We want to extend sincere gratitude to every member who has taken action against the RTO mandate – you are the reason we were able to deliver our arguments from a place of strength and solidarity.
While the formal hearing has concluded, our fight to defend the bargaining rights of 32,000 OPS Unified workers across Ontario continues! Keep an eye out for future actions and we will continue to keep members updated as our challenge progresses.
In Solidarity,
Your OPS Unified CERC Team