LCBO strike will continue until Ford government signs return-to-work protocol: union

A tentative agreement reached Friday between the Liquor Control Board of Ontario (LCBO) and the union representing its employees is in jeopardy as the two sides fail to agree on the terms of a return-to-work protocol.

The LCBO accused the Ontario Public Service Employees Union (OPSEU) of introducing “significant new monetary demands” into the back-to-work protocol it filed, something the union has disputed. The Crown corporation said it would pursue an unfair labour practice charge.

“Introducing new requirements after a preliminary agreement has been reached amounts to negotiating in bad faith,” the LCBO said.

OPSEU President JP Hornick said the document contained no new financial demands, beyond the “boilerplate language” calling for “compensation” for members for days they had not been paid because of the strike.

On Friday evening, the LCBO reported that it had submitted an updated protocol to OPSEU that “focuses on the safe return of employees.”

“A return-to-work protocol is a draft document that is typically passed back and forth between employees and employers to outline exactly what that looks like. It’s a normal process to ask for some acknowledgement that the employees have been hit hard by the strike, that they’ve been forced to leave due to circumstances that were somehow beyond the control of the LCBO,” Hornick said in an interview with CTV News Channel Friday night, acknowledging that OPSEU had received the Crown corporation’s response.

Hornick hopes the situation will “calm down a bit” so both sides can exchange proposals on how to get workers back to safety and reopen stores.

“I’m cautiously optimistic that calm will return and that we can get that done,” Hornick said.

“I know there is a dialogue going on now, and I imagine we should be able to get somewhere.”

The LCBO also released details of the signed agreement in its statement on Friday evening. These include that no stores will be closed due to the expansion of the alcohol sector during the term of the new contract. A “non-binding, joint committee consisting of union and management staff has also been established to work on the best implementation of the market plans.” This appears to have resolved the union’s main point of contention at the negotiating table.

OPSEU has repeatedly requested the province and the LCBO to explain in the new contract how they intend to address the loss of revenue due to the expansion of alcohol sales, particularly ready-to-drink beverages.

The interim agreement also includes wage increases over three years, including a 3 percent increase in the first year; the conversion of 1,000 temporary workers into permanent part-time positions; the appointment of an additional 60 permanent part-time workers; and improved access to benefits.

Deal was announced just before 1 p.m.

The LCBO announced the tentative agreement just before 1 p.m., and the union released its own statement about 30 minutes later, noting that the agreement would “protect jobs in every community as well as the government revenue generated by the sale of LCBO.”

OPSEU was scheduled to speak to reporters at 3 p.m., but instead OPSEU spokesperson Katie Arnup stepped outside and informed those gathered at the Sheraton hotel on Queen Street that availability would be delayed and that the “strike continues.”

About an hour later, Hornick held a press conference calling on the province to return to the table.

“Everybody at this table wants to get back to work, but there’s no agreement on how to do it. This (the return-to-work protocol) is how you resolve a strike. Let’s do it,” Hornick said.

Hornick said the union submitted the return-to-work protocol to the LCBO Friday morning and has yet to receive a response, even after the tentative agreement was announced.

Hornick said similar language has been used during the last three strikes the union has organized in Ontario.

“All three of the other settlements, for example, actually provided financial compensation for a number of days of strikes. But I’m also going to tell you that it’s not a stumbling block here. We make a proposal, and what normally happens is the employer comes up with their proposal, and then you find a solution,” Hornick said.

“If the LCBO’s position is that none of this should be compensated, then at least explain that so we can deal with it as adults at the table. I’m not interested in negotiating in the media, frankly. We’ve been quiet for days trying to get this deal done. Let’s continue that trend. Let’s get it done.”

The sudden change of tone within the union came shortly after Finance Minister Peter Bethlenfalvy appeared on CP24 to express his enthusiasm for the end of the strike.

The LCBO had previously said the strike would formally end at 12:01 a.m. Monday, pending ratification of the deal by OPSEU members. Stores would reopen for in-person shopping the following day, it said.

“It’s Friday, it’s sunny, and what a great time to announce that we have a preliminary deal,” Bethlenfalvy told CP24. “This is a good deal for workers, and it’s really good for our modernization going forward. It’s a good day for people who want more convenience and choice, so we’re moving forward, and I’m very excited.”

The LCBO stores have been closed since OPSEU members went on strike on July 5.

Talks between the two sides resumed on Wednesday for the first time in nearly two weeks. In a statement earlier on Friday, the LCBO said a mediator “provided invaluable assistance in reaching a preliminary agreement between the parties.”

“We understand that the strike has caused significant inconvenience to our employees, partners and customers who rely on our services. We thank everyone for their patience and understanding as we resume normal operations,” the LCBO said at the time.