Susan A. Toth Aislyn Griffin

Alexander P. Polishuk (retired)

Andrew F. Camman

Anthony F. Steele

June 16, 2015

Ontario Public Service Employees Union 100 Lesmill Rd.

Toronto, ON

M3B 3P8

Attention: Smokey Thomas, President, OPSEU

BY EMAIL:

To Whom It May Concern;

Re: CECBA Reform Group

We have been retained by a group of union dues-paying OPSEU members, the CECBA

Reform Group (“CRG”), to represent their interest in establishing meaningful strike rights, particularly in light of the Supreme Court of Canada’s recent trilogy of Freedom of Association decisions earlier this year1.

The CRG has received financial support from over 1000 members of the Corrections Bargaining Unit and informal support from significantly more. I am sure you are aware that CRG’s leadership is comprised of Glenn Stockfish (Maplehurst Correctional Complex), Barry Roy (Ontario Correctional Institute), Kerry Kaufman (Toronto South Detention Centre), Conrad Gareau (Toronto East Detention Centre), and Larry Agustin (Toronto South Detention Centre).

We are encouraged with OPSEU’s recent position in the May 14, 2015 edition of “TableTalk” that “zero” bargaining unit members is the right number required for Essential Services to allow for a meaningful strike.” Any other number, negotiated or imposed, for a “partial” right to strike, is actually no right to strike at all. Either correctional staff are nonessential, and have a right to meaningfully strike, or they are essential, and have a right to alternative effective and fair means to resolve bargaining disputes, such as binding arbitration.

Despite the rhetoric espoused by OPSEU we have serious concerns about the authenticity of its position. We would like a confirmation from OPSEU that it intends to assert its members' rights to meaningful strikes, which means no correctional staff would work during a strike for any period of time. Should OPSEU sign an Essential Services Agreement for any number above 0%, we have instructions to bring a representative application to protect our correctional workers rights.

We look forward to your commitment to protecting the Freedom of Association rights that have recently been strongly endorsed and affirmed by the Supreme Court of Canada. A response by June 30th , 2015 confirming this commitment would be appreciated. Should you have any questions or concerns, please do not hesitate to contact the undersigned.

Yours very truly,

POLISHUK, CAMMAN & STEELE

Andrew Camman

AC/st

1 Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1, and Meredith v. Canada (Attorney General), 2015 SCC 2.

535 Talbot Street, London ON N6A 2S5 Telephone 519.858.8005 Facsimile 519.858.4013

email: web:

www.pcslawyers.com

cc: Philip Shearer ();

Ron Elliot, Regional Vice-President, (),

Len Elliott (),

Eduardo (Eddy) Almeida, 1st Vice-President/Treasurer (),

Drew Finucane (),

Debbie Tungatt, Regional Vice-President, (),

Sara Labelle, Regional Vice-President ,

Gord Longhi

Sean Platt ,

Gareth Jones, Regional Vice-President ,

Chrisy Tremblay ,

Edie Strachan ,

Ibrahim Bozai ,

Myles Magner, Regional Vice-President ,

Jeff Arbus, Regional Vice-President ,

Michel Bisaillon , Felicia Fahey ,

Ed Arvelin ,

Carl Thibodeau, Regional Vice-President ,

Glen Archer