Labor & Employment Law

Now What? York University TAs and Contract Faculty Reject Offer

By Michael Fitzgibbon

The Globe and Mail article begins:

"Striking teaching assistants and contract faculty at York University have voted to reject a three-year deal, leaving in limbo the fate of 50,000 students who have been out of class for more than two months."

The Union recommended that its members reject the deal and, in light of the results of the vote, the conflict continues.  The opposition Conservative government is urging the Liberals to pass legislation that would put an end to the strike.  The Star notes that "Premier Dalton McGuinty and his cabinet have maintained they would not wish to get involved in the collective bargaining process."  We'll see how this shakes out in light of the vote. (Professor Doorey at York has some comments).

The entire discussion raises fundamental (and difficult) labour relations questions (some of which were eloquently discussed so many years ago in The Woods report on Canadian industrial relations: recommendations and observations a document I would commend to you):  When, if ever, should the government intervene to end an otherwise legal strike (or lockout)?  Is it a sufficient reason that the fate of 50,000 students are left in limbo?  Should politics come into the mix or should industrial action and power be allowed to play itself out to its conclusion without legislative interference? 

The basic question, is "should the government intervene in this case and why or why not?"

Full post as published by Thoughts from a Management Lawyer on January 21, 2009 (boomark / email).