Bill 124 update: AMAPCEO ready for upcoming appeal dates; remedy discussions continue

From June 20-22, AMAPCEO and the other members of the coalition of 40 unions fighting Bill 124 will appear in court for the government’s appeal of the Superior Court’s decision to strike down the unconstitutional wage-restraining legislation.

In November 2022, the Superior Court ruled that Bill 124 infringed on the rights to freedom of association and collective bargaining. While AMAPCEO urged the government to heed the court’s decision, show public servants the respect they deserve, and avoid throwing good money after bad, the government filed its appeal at the very end of the year.

There are a few possible outcomes of next week’s appeal:

1. If the government’s appeal is successful, the coalition of unions will appeal that decision and continue to fight.
2. If the government loses their appeal, they may request leave from the Supreme Court to appeal that decision as well, or;
3. the government may consider using the notwithstanding clause, an option that would be complicated for them by recent arbitration decisions awarding remedy to bargaining units who do not have the ability to strike, and by the strong public outcry that followed the use of the clause last fall. 

Rest assured that the legal representatives for the coalition of unions are strong and well-prepared for this fight, and that we will continue to fight for our members’ rights for as long as it takes.  

Parallel to our preparations for the appeal, AMAPCEO formally requested a meeting in February with the Ontario Public Service (OPS) Employer to action the remedy clause negotiated in the recent OPS Collective Agreement.

AMAPCEO and other unions have maintained ongoing formal and informal conversations with the OPS Employer since triggering the reopener clause. However, with the government pursuing next week’s appeal, the OPS Employer remains without instructions from the government that would enable meaningful remedy negotiations to proceed.

To date, the only remedies to Bill 124 that have occurred have been for bargaining units designated as essential who, as such, have access to arbitration. AMAPCEO has two such units at Public Health Ontario and WayPoint. All other public servants with the right to strike action remain in informal discussions as the appeal moves forward.

Your union remains open to discussions with the OPS Employer as the summer unfolds and we will continue to keep our eye on the outcomes of any additional arbitration decisions that land in the coming weeks. AMAPCEO also continues to stand united with the many public sector unions impacted by Bill 124.

We urge all AMAPCEO members impacted by Bill 124 to keep their eyes on their inbox over the next few weeks, and to ensure that their subscription preferences are up to date.