By resisting the back-to-work order, each union member faced fines of up to $1,000 a day. Since a tentative deal has been reached, this could tilt the scales towards unions who disregard federal use of Section 107.
Yesterday, Mark Hancock, CUPE’s national president, stood in front of dozens of reporters outside Toronto-Pearson airport, undeterred.
“If it means folks like me going to jail, so be it. If it means our union being fined, then so be it,” he said. Hancock insisted he does not believe the government’s order will survive a court challenge, which could take up to 10 years to go through the legal system — and now that a tentative deal has been made it is unclear whether charges will be pursued.
You are correct, full strikes by essential workers are considered illegal. Back in 2005, the teachers union in BC got in trouble for a similar situation where they continued a strike after being ordered back to work and were considered on an “illegal” strike because they are essential workers.
The union was fined $500,000 and told not to pay strike pay. However, after the strike (which ended favourably for the teachers), the union took the gov all the way up to the supreme court and they won, so I doubt that any fines placed in this case would hold up.