Miller Says Toronto Won't Request Back to Work Legislation

The Globe and Mail reported today that the the City of Toronto won’t requested back to work legislation in the ongoing City of Toronto strike.  Of course, that doesn’t matter much, since the decision on back to work legislation is the Provinces’, and Premier McGuinty hasn’t ruled out legislation.  He’s allowed the Windsor city strike to go one for 12 weeks now.  In  2002, legislation was passed after 16 days (I think) by the Conservative party, but even the new Tory leader, Tim Hudak, who is no friend of workers’ rights, says it is too soon for Back to Work legislation.  So don’t expect a quick legislative intervention. 
I looked quickly, but didn’t see either party in the Toronto strike proposing interest arbitration.  Mayor Miller said yesterday that he is against back to work legislation in part because of the unexpected and often high cost of settlements imposed by arbitrators.  In Windsor, CUPE is pushing for interest arbitration, and the City is refusing that option.  Since the City of Toronto appears not to be moving on its demand for concessions from the union, it would not surprise me if the Toronto CUPE locals soon come around to the same idea.  It is highly unlikely, for example, that an arbitrator would cancel outright the banked sick days benefit that the City wants to replace (but you never know, of course). 
Interest arbitration is an option because the Labour Relations Act allows the parties to ‘agree’ at any time to send all issues in dispute to binding arbitration and thereby end the strike.  See section 40.