Thursday, October 08, 2015
Text Size

OSBCC Bargaining Update No. 20




Don't Let Anyone Violate your Legal Work-To-Rule

Dear Sisters and Brothers,

CUPE Local 1328 is collecting information from the School Based Educational Support Staff in our Work to Rule Phase 1 and 2 Instructions.

If Principal’s and/or Managers are still pressuring you to VIOLATE your Work-to-Rule Legal Job Action you need to ask them this Question:

What will happen if I refuse?

Have you been threatened, intimidated, punished or disciplined?

CUPE Provincial & National will then add the specific name of the Principal/Manager to CUPE’s Legal Team for further action.

Not only can the employer be held responsible for violating the Ministry of Labour’s Legal Work-to-Rule Job Action Law’s but so can each Manager/Principal be held responsible individually for purposely standing in the way of a Legal Job Action.

We belong to CUPE NATIONAL; that being said you might not understand that even though you think this is a Provincial action by the OSBCC (Ontario School Board Coordinating Committee) a division of the Ontario District; WE ARE CUPE NATIONAL!  We have Unlimited Support & Legal funding!

So Stay Strong & UNITED and know you are being HEARD across Ontario & Canada!

The emails, texts, voice messages coming in from our other CUPE Locals in the Province & across Canada & the United States is overwhelming!

Everyone knows Ontario & that Education Workers are the backbone of Ontario’s Education System hand in hand with our Teachers making a safe and stable learning environment for our STUDENTS - our Future Generation!

Click here to fill in form

CUPE 1328 Complaint Form

(Against violation of Work-to-Rule)

Please fill in the form listed below and email it to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or fax it to 416 512-9869

Print Name of Member(s):_______________________________________________________________





School/Work Location:__________________________________________________________________

Name of Principal/Vice Principal:__________________________________________________________

Please describe in detail what has happened and what was said to you directly. Use the reverse page to write your comments. Please print clearly.

In Solidarity



Denise's Letter to TCDSB



Phase 2 Work-to-Rule: Legal Rights

September 29, 2015

Good afternoon Sisters and Brothers,

This is to inform you that a notice has been issued to administration from Angela Gauthier, the Director of Education,  regarding the employers position pertaining to Phase 2 of our Work To Rule Action which began today.

Please note that we are under our legal right to refuse to do  General  Student Supervision. Therefore, we are requesting that our members stand UNITED and strong and ONLY provide supervision to your assigned special education students.

*Lunch duty, hall duty, yard or stair duty only for special Ed students in your care.

Phase 2 Work-to-Rule: Legal Rights

*To be clear: Our employer received advanced notification by CUPE that  SBESS will not be performing certain duties  such as general supervision and our employer should have made alternate arrangements to ensure student safety.

*It is therefore your LEGAL RIGHT under the Ontario Labour Relations Act to engage in the Phase 2 Work to Rule with your union.

* It is illegal under the Ontario Labour Relation Act for your employer to interfere with, discipline, intimidate or otherwise punish you for exercising your legal right to work to rule.

*If your employer directs you to violate the Phase 2 Work to Rule directions, tell them you are exercising  your legal right to work to rule as directed by your union and will not perform those duties. The only exception would be where student safety would be jeopardized.


Let us be UNITED and STRONG as we move forward with our Work to Rule Phase 2 Instructions.

We remain hopeful that OCSTA and the Provincial Government will reach a new central agreement in the very near future.

In Solidarity,

Lina Naccarato                                                                                                Strike Committee




Work-To-Rule Phase 2 Instructions

Click Here to read more



Robo Call # 4 (Sept. 28, 2015)

Greetings Sister or Brother, this is Lina Naccarato, President of CUPE Local 1328 located at 209 Sheppard Avenue E in Toronto. Our Union Office number is 416 512-9493

This message is for the CUPE Local 1328 member in your household.

We will now be entering PHASE 2 of our Provincial Work to Rule Job Action effective tomorrow, September 29th as a tentative deal could not be reached this evening.

An additional list of instructions will be emailed to you tonight and a further information package will arrive to your school/work location this week. It will include CUPE wristbands and an additional Strike Pay Application which requires your PRINTED name and SIGNATURE, please ensure your work location fills out the ONE form and please fax it into our Union office at 416 512-9869 as soon as possible with your school name listed on the top.

Sisters and Brothers, let us stand united in Solidarity and follow all of the Phase 2 Work to Rule instructions that are provided to us by the OSBCC.

We encourage our members to wear your lanyards, buttons and wristbands and please continue to advocate for "WHO WE ARE" as education support workers.

Your continued support will provide support for our Central Bargaining committee team as they move through negotiations.  Let us remain hopeful that a tentative agreement will be reached soon.

Any updates will be communicated to you as always.

If you missed any part of this broadcast it will be posted on our website at

To repeat this entire message, please press 8.  To remove yourself from this calling list, please press 9.

Thank you and take care.




OSBCC Bargaining Update No. 19


Page 2


Robo Call # 3 (Sept. 14, 2015)

Greetings Sister or Brother, this is Lina Naccarato, President of CUPE Local 1328 located 
at 209 Sheppard Avenue E in Toronto. Our Union Office number is 416 512-9493
This message is for the CUPE Local 1328 member in your household. 

All school and work locations should have received our 1328 information packages 
which included our forms, lanyards, buttons, pencils and information booklets.  If you 
are missing any materials or need more, please contact our Union office.

Please continue to support our Work to Rule - Phase 1, which will continue until further 
notice. We encourage all members to follow the Phase 1 instructions which include 
following your collective agreement. For instance,  some of the 14 points include taking 
all  of your breaks and lunch period, not coming in early or staying late. Collectively, all 
of our job actions are important. 

Also, as needed, CUPE and the Ontario School Board Coordinating Committee will 
continue to provide us with further details regarding any other job action as we move 

Let us continue to show our strength and Solidarity as CUPE Local 1328 members on 
the following Central bargaining dates which are September 15th, 16th and 17th.  
Please consider wearing our 1328 lanyards and buttons to demonstrate and show our 
support for our Central negotiation team.

As we move forward Sisters and Brothers, let us remain united and hopeful that a 
proposed settlement/agreement will be reached at the Central bargaining table in the 
near future.

Any updates will be communicated to you as always.
If you missed any part of this broadcast it will be posted on our website at

Thank you and take care.


Page 1 of 3

  • CUPE National President Paul Moist announces retirement after 12 years at the helm

    OTTAWA – After 12 years at the helm of Canada’s largest union, CUPE National President, Paul Moist announced he will not stand for re-election at CUPE’s National Convention next November. “CUPE members serve Canadians around-the-clock, 365 days a year, delivering public services such as Medicare and Public Education that makes Canada a fairer more just society,” said Moist. “I have been honoured to work for those members throughout most of my adult life.”

    “But after 40 years of membership, 32 years of full-time union work, and the last 12 years as National President, it is time I stepped aside and let a new generation of leaders emerge within CUPE.” said Moist.

    Moist is CUPE’s 5th National President, the first ever from Western Canada.  Since his election in 2003 as the head of Canada’s largest union:

    • CUPE has added 100,000 new members, and today represents 634,000 workers.
    • CUPE’s National Strike Fund has grown from $13 million to over $80 million today.
    • CUPE’s connection to the Canadian Labour Congress, Public Services International (a global public service union body representing over 20 million members), the New Democratic Party of Canada, and a wide range of social justice groups, including the Council of Canadians and the Canada Health Coalition, has increased.

    CUPE is full of talented activists and I am confident that delegates at our upcoming National Convention will select a great leader to lead the union forward.” added Moist.

    In retirement, Moist plans to continue his activism with the NDP and social justice groups such as the Council of Canadians.

    The Canadian Union of Public Employees is Canada’s largest union, with over 634,000 members across the country. CUPE represents workers in health care, emergency services, education, early learning and child care, municipalities, social services, libraries, utilities, transportation, airlines and more.

    CUPE’s National Convention will be held in Vancouver from November 2 to 6.

    For information:
    Philippe Gagnon
    CUPE Media Relations

  • CUPE education workers in Ontario serve notice to start job action September 10

    CUPE education workers in Ontario served notice yesterday that province-wide job action will begin on September 10.

    “Our members’ work is important to student success in our schools,” said CUPE’s Ontario School Boards Coordinating Committee (OSBCC) Chair, Terri Preston. “We need all parties to understand how serious our members are about the services we provide and being treated with respect at work.”

    The OSBCC, negotiating on behalf of the 55,000 workers of the Canadian Union of Public Employees (CUPE), filed their intentions with the province and the Council of Trustees Association (CTA) Thursday evening. Under the new School Board Collective Bargaining Act the Union has to provide five days’ notice prior to any job action. 

    On August 29, CUPE locals representing education workers across four School Board systems in Ontario, voted on a plan of escalating job action beginning the first week of school. “We’re moving forward with this plan and the first step begins with work-to-rule on September 10,” said Preston.

    Education workers represented include educational assistants, office administrators, custodians, tradespeople, instructors, library technicians, early childhood educators, IT specialists, speech pathologists and many others. CUPE represents education workers in elementary and secondary schools, in public and Catholic boards and in both the French and English systems. They help keep the schools safe, clean and well organized while providing extra support to ensure all students have the opportunity to reach their potential.

    For more information, please contact:

    Mario Emond
    CUPE Communications

    Kevin Wilson
    CUPE Communications

  • Tom Mulcair’s pension announcement is great news for workers

    Tom Mulcair and the NDP announced a bigger, better public pension system – just when Canadians desperately need it.

    Mulcair is committed to expanding the CPP and QPP.

    The NDP has already committed to boost the Guaranteed Income Support (GIS) for the poorest seniors by $400 million each year. And to reverse the Harper Conservative’s cuts to OAS-GIS by moving the age of eligibility back to 65 from 67.

    And Tom Mulcair promised that pensions already earned will be there for workers. Federal employers will not be allowed to renege on past pension promises.

    CUPE has been concerned for some time about a crisis in our pension system if reforms aren’t made soon. Tom Mulcair and the NDP have offered real solutions to ensure our pensions are well run and sustainable.

    Canadian workers deserve to retire with dignity, and now they have a chance to do so. 

  • NDP completely onside with flight attendant demands

    CUPE’s Political Action Committee is working hard to turn out the flight attendant vote on October 19. As federally regulated workers, government policy directly affects our health and safety, and bargaining rights. 

    Recently, we sent a questionnaire to all the major parties asking them if they would scrap regulations and laws that are detrimental to us, and implement beneficial new ones like an affordable national child care program. The NDP, Green Party, Bloc, and Liberals have now responded. Despite our many attempts to reach them, the CPC has not.

    Before you vote, assess which party most strongly supports our interests, especially on the commitment to scrapping the 1:50 flight attendant ratio.

    Here is our analysis of what each of the three respondents had to say:

    New Democratic Party (NDP)

    The NDP has answered “yes” to all questions, including  scrapping 1:50 – without conditions. During the Harper government we have worked closely with our allies in the party, especially Hoang Mai and Mike Sullivan who are members on the Standing Committee for Transportation, Infrastructure and Communities. Both Hoang and Mike were the only Members of Parliament who took the time to show up at the May 22, 2014 Transport Canada meeting about 1:50, and strongly condemned TC for proposing to change the regulation. We think an NDP government is our best bet for scrapping 1:50.

    Liberal Party                              

    Most of the Liberal Party’s answers were nuanced with various conditions. On scrapping 1:50, for example, the devil is in the details. They would scrap 1:50 after consultation “with stakeholders and experts”. During the Harper government, CUPE’s expert research showing that 1:50 does not provide an equivalent level of safety to 1:40 has been ignored. More consultation is not a promise to scrap 1:50.

    Green Party

    Like the NDP, the Green Party seemed pretty unequivocal in scrapping 1:50. Though they won’t be able to scrap the legislation since they can’t form government, they will keep advocating for its reversal.

    Bloc québécois

    The Bloc responded favorably to five of our six issues, including the reversal of the 1:50 ratio. However, the Bloc is opposed to a national child care program.