Provincial engineers allege Ontario government is unlawfully locking them out

Signage for newly-announced Highway 413 is seen during a news conference in Caledon, Ont., Tuesday, April 30, 2024. THE CANADIAN PRESS/Cole Burston

Ontario government engineers participating in rotating strikes that involve stopping work on Highway 413 and the Bradford Bypass amid contract negotiations are alleging the province is now unlawfully locking them out and interfering with their right to strike.

Members of the Professional Engineers Government of Ontario, which represents more than 600 professional engineers and land surveyors who work for the province, have filed a complaint with the Ontario Labour Relations Board.

They have been in a legal strike position since Oct. 8 and late last month started rotating strikes, withdrawing services from the key Ontario infrastructure projects. They now say the government is effectively suspending those workers by telling them they cannot return to work "until further notice by the employer."

"The (government's) intent is clear: by indefinitely banning from the workplace those who withdraw their services, the (government) sends a message to any possible second rotation of strikers that they too will be indefinitely banned from the workplace," PEGO wrote in its submission to the labour board.

"The lockout is unlawful because the (government) seeks to deter employees from exercising their right to strike through discipline, threats and coercion. The...assertion of the authority to determine how long employees withdraw their services is contrary to the employees’ right to withdraw their services in accordance with the strike plans developed by PEGO."

Treasury Board President Caroline Mulroney said in question period Monday that the government has held numerous bargaining sessions with PEGO in an effort to negotiate a fair deal.

"With respect to the latest lockout, employees represented by PEGO have decided to fully withdraw their services, and they have been reminded of the relevant terms and conditions of their employment," she said. 

"Like any employee who refuses to work, PEGO employees who refuse to work will not be paid. But this information was clearly communicated to PEGO leadership and PEGO represented-employees. The government respects PEGO’s rights and remains committed to reaching a fair and reasonable deal at the table."

PEGO president Nihar Bhatt has said members’ earnings have fallen so far behind that they sometimes earn half of what people in similar positions at municipalities make.

So far no meaningful progress has been made in bargaining with the Treasury Board Secretariat even though the engineers have been without a contract for 20 months, Bhatt said. He did not give a specific percentage increase he is looking for but said it is "significant."

This report by The Canadian Press was first published Nov. 4, 2024.