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The Law of Work
Law of Work Archive

Is McGuinty Two-Faced on the Issue of Back to Work Legislation?

by David Doorey January 24, 2009
written by David Doorey January 24, 2009

The United Food and Commercial Workers has made an interesting point in a press release.   I noted earlier that McGuinty and the Ontario Liberals have suggested they can’t order striking York employees back to work for fear of that a court could rule that doing so violates the workers’ right to strike and engage in collective bargaining.  I explained that argument in the earlier post.
The UFCW points out that McGuinty is being a hypocrite if he is defending his decision not to order the strikers back to work on the basis of the Supreme Court’s Health Services decision when, at the same time, it continues to argue that agricultural workers, among the most disadvantaged workers in Canada, should not have a right to strike or even to engage in collective bargaining.  The Union is referring to the McGuinty government’s position in the litigation in Fraser v. Ontario, a case I have explained earlier.
The Union has a point, don’t you think?

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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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On the other hand… McGuinty Now Ordering Back to Work at York

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