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Can Toronto Declare the TTC an "essential service"?

by David Doorey May 8, 2008
written by David Doorey May 8, 2008

You might have seen the flurry of articles recently on a motion put to Toronto city council that the TTC be declared an essential service.   The provincial government would have to actually pass the law making the TTC “essential” for the purposes of labour relations, and I’m not sure that the Liberals would want to take that on.  For one thing, banning strikes can actually increase costs to the public employer since bargaining disputes  will be settled by interest arbitration.  Secondly, legislating TTC employees as “essential” in order to prevent them from striking will almost certainly result in yet another rebuke from the International Labour Organization, which has time and time again ruled that Canada’s obsession with back-to-work legislation violates Canada’s international law obligations.   Canada’s abysmal record of compliance with ILO Convention 87 (on freedom of association) is already an embarrassment.   And, thirdly, the labour movement is waiting in the wings for a good test case to bring to the Supreme Court challenging back-to-work legislation as a violation the Charter of Rights and Freedoms (Section 2(d)).  That issue is alive again after the  Court’s ruling last summer in Health Services, where the Court said that Section 2(d) should provide at least as much protection as ILO Convention 87.   ILO Convention 87 clearly does prevent back-to-work legislation for transit workers.  So we wait to see how all this plays out…

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial 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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Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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There’s many measures in academia that rank influence based on number of citations of academic articles.

Advice to new scholars:

If these rankings matter to you, do NOT focus your publications on Canadian labour & employment law. The potential audience is WAY too small!

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I use Steve Martin’s template for making a personal connection with his fans to make a personal connection with my students.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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Some numbers from Stats Can:

- Union density⬇️from 38% in 1981 to 29% in 2022.

- Over same period, % of men in unions⬇️ by 16%, but remained stable for women.

- Result: women (31%) more likely to be unionized in Canada than men (26%)

🧵 /1

https://www150.statcan.gc.ca/n1/pub/36-28-0001/2022011/article/00001-eng.htm

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