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The Law of Work
Law of Work Archive

Are Councillors Stupid Enough to Vote to Extend the Strike?

by David Doorey July 30, 2009
written by David Doorey July 30, 2009

Boy, this Toronto strike has all sorts of twists and turns.  The outside workers are now set to vote on the deal and could be ready to return to work as early as tomorrow.  And life would then quickly return to normal.
But the blustering anti-Miller councillors have been giggling with excitement of getting their names in the papers and on the radio, threatening to vote against the proposed settlement.  A vote against a settlement is usually a vote to continue the strike.  Are these councillors really prepared to do that?  Are they that stupid?
Keep in mind that if this settlement falls apart because of politics at council, there is a very good chance it will end up at interest arbitration after another period of prolonged strike.  And guess what?  Miller is absolutely correct when he says that an interest arbitrator could–after a longer strike–very well award a worse agreement for the city then the one in this current offer.  If that happens, it is absolutely the fault of the councillors who vote ‘no’ tomorrow.
That is why I expect the deal to be ratified tomorrow by council.  The little clan of anti-Miller councillors will vote no, because their main goal is to undermine Miller and they oppose most things Miller supports on principle. But they also know that the deal will probably pass anyways, because most of the other councillors are sensible.  That way they can say “I was tough” and the others weren’t.  But even though I want the strike to end, I have to admit that, as a labour law professor, it sure would be interesting to watch how a ‘no’ vote at council would play out.
Part of the fun is that the councillors who oppose the deal are all over the map on what they actually think should happen.  They appear to want a smaller raise and the absolute removal of sick pay.   But they also didn’t want a strike at all, as if the union would have just given up those things without a fight if someone other than Miller were in charge.  Only in make-believe world would the employer get everything it wanted without a strike.
Note also that Miller is the only Mayor to even try to bargain an end to the sick pay benefit.  He could have just left it there, as did previous Mayors and councils.  The sick pay was fine for Mayor Lastman all those years, and to the councils in power then, which included many of the current councillors who are now all hot and bothered about the fact that Miller has bargained a phase out of the plan.  It’s all petty politics, it seems to me.
But the question remains:  Are the councillors dumb enough to vote ‘no’?   Who knows, they just might be.

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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.).

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