A union lawyer said on Saturday that the Ontario Labour Relations Board will send a message that labour laws and collective bargaining rights no longer exist if it complies with a government request to declare a strike by regional education workers illegal.

Speaking at a hearing that will determine the legality of the withdrawal by 55,000 members of the Canadian Union of Public Employees, Steven Barrett, the chairman of the board, urged not to side with the Ontario government after it passed legislation banning strikes and imposing a four-year contract on union members.

Thousands of workers, including education assistants, library clerks, and librarians, walked off the job on Friday in protest, and CUPE indicated that the strike could last indefinitely. Barrett, who called the legislation "Orwellian," also argued that the contract should be considered "imposed" because it was not produced through collective bargaining negotiations. Barrett also added in the session that lasted until late Saturday evening, "Standing with the government here... actually sends a message that there is no more labour law, no more collective bargaining."

The Progressive Conservative government included the clause nonetheless in its education workers' legislation, saying it intends to use it to protect against constitutional challenges. Chairman Brian O'Brien told Barrett that the province has the right to protest the clause nonetheless under the constitution, although doing so may be "politically risky," adding: "Under our laws, governments can legally do this kind of thing. Although some of us may find it detestable or worse, they still have the right to do it, and under the law, when we have a collective agreement, we are not supposed to strike. The reality is there is a collective agreement, whether you like it or not."

Moreover, Barrett argued, citing legal precedents, that Ontario has used the clause to address labour issues in an unprecedented and inappropriate manner, saying: "The last ability to object to this assault is here, and if you put an end to it, nothing will remain." "If you suppress these protests by an order from you... what is left for these workers to do? Look for another job?"

In the same context, the Saturday session started at 9 a.m. and lasted more than 14 hours, with the discussions intensifying between government lawyer Verena Morji and CUPE's legal team at times. Morji accused the union lawyer of acting "with complete disregard for respect and decency." Earlier in the day, Morji said the labour board risks undermining provincial labour laws if it fails to declare the strike illegal and added that such withdrawal is illegal because the Labour Relations Act prohibits striking while contracts are in effect. She also argued that CUPE leadership knowingly advised education workers to engage in an illegal strike.