The Law of Work
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

Media and the Toronto Strike

by David Doorey July 20, 2009
written by David Doorey July 20, 2009

I’ve done loads of media interviews about the Toronto strike now.  Since not much is happening on the legal front, there isn’t really all that much to say, to be honest.  I’ve been asked about how this dispute might end up in interest arbitration, whether it was unlawful for Mayor Miller to take the City’s offer public last week, and whether the City could (or should) put its last offer directly to the striking workers.  
Yesterday I was on a talk-radio show on AM640 hosted by Arlene Bynon.  Arlene’s apparent take on the strike was that this was some sort of a water-shed moment in the history of Canadian public sector labour relations and that the ‘public’ was fed up and would somehow rise up and demand change–meaning, apparently, they would demand that public sector workers make no more money and have no better benefits than private sector, non-union workers performing similar work.  
So I ask a question like, “Well, what are the options to bring such a revolution about?”   Arlene noted in response that some callers have called for a Ronald Reagan like response by Miller–Reagan famously dismissed a bunch of striking air traffic controllers.  Trouble is, of course, it is illegal to dismiss strikers in this country simply because they are exercising the legal right to strike, so Miller would be breaking the law by pulling a Reagan.  The terminated workers would almost certainly be ordered back to work by the labour board and the city would be ordered to pay them their lost wages.  Perhaps Arlene and her listeners might think a Mayor breaking labour laws is the sort of leadership the City needs, but I doubt most Canadians feel that way.  A typical caller to a show like Arlene’s might then say, “Well the law is stupid and it should be changed!”.  
O.K., so how might that happen?  The answer is that the City has absolutely no ability to change that law.  It would have to be the province that does that, and not even Mike Harris, the most prolific anti-union Premier the province has seen in over half a century ever seriously considered amending labour laws to permit employers to dismiss any worker who goes on strike.  Is Arlene suggesting that the ‘public’ is so angry that a provincial party could get elected in Ontario running on a promise to abolish the right of public sector workers to engage in collective bargaining and/or to strike?  I suspect that, outside of Toronto and this particular point in time, nobody really cares about that sort of thing, and that once this strike ends, which it will, life will very quickly return to normal, talk radio hosts will stop talking about public sector workers, and the public will stop talking about public sector labour relations.
What about just treating all city workers as essential and banning their right to strike?  Well, besides setting up a Charter challenge exploring the scope of the right to collective bargaining and strike, that strategy would mean substituting interest arbitration in the place of strikes, which is exactly the process that the City (Councilor Michael Walker apparently excepted) and the Provincial government do not want in this strike, because they do not like the uncertainty  of that process.
So maybe Arlene is suggesting that the public will revolt by turfing David Miller and replacing him with someone who runs a campaign based on the rhetoric of putting public sector unions in their place.  Maybe that will happen.  But, again, what could that new Mayor actually do to put the rhetoric into action?  He or she could bargain hard to try and ‘break’ the union, talk tough, refuse to back down, and all that.  Maybe a new Mayor would threaten to contract out the city services. My very quick scan of the last collective agreement indicates that the employer is restricted in its right to contract out bargaining unit work (from the Local 416 Agreement, see about page 95-96):

The City confirms that during the term of this Collective Agreement and any extension by law, there shall be no new contracting out of work of the Local 416 bargaining unit resulting directly or indirectly in the layoff or loss of employment of permanent employees. 

If the City attempted to eliminate that clause, and to contract out garbage collection, daycare services, etc., there would no doubt be another strike a few years from now.  And we will be right back where we are now.  So, I will watch for that uprising Arlene is urging, but I think the odds are better that a 60 year old could win the British Open.

1 comment
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
100 Prominent Canadian Academics on the Employee Free Choice Act
next post
Injunction Decision in Christie Pits Picketing Dispute

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018


Follow Us On Social Media

Substack
Bluesky

BlueSky Latest Posts

No posts available.

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • Constructive Dismissal
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gender
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • New Zealand
  • Newfoundland
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • Tax Law
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.