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Strike Ends (Maybe) at Brandon University. Are Profs "Essential"?

by David Doorey November 28, 2011
written by David Doorey November 28, 2011

This may come as a surprise to many outside of Manitoba, but there was a faculty strike that shut down Brandon University for over a month, locking some 3000 students out of classes.  The strike ended tentatively last Friday when a deal was reached between the union and employer.  This was the longest work stoppage ever at a Manitoba university at 45 days. The strike here at York in 1997 lasted 55 days.
Last week, the Manitoba NDP government used its statutory power to order the professors to vote on the employer’s last offer. However, a tentative deal was reached before that vote took place.  Now the faculty will vote on the proposed deal, suggesting that the government’s move provoked the parties to find their own settlement. In a somewhat unusual move, classes appear to be starting today (Monday), even though the union members won’t finish voting on the deal until the weekend.  What if they reject the settlement?  I guess the strike would start up again.  No details about the tentative deal have been released.
As usual, there are calls by students (and their parents) to “sue” the professors for engaging in a lawful strike, and for the government to declare university professors “essential” so that they cannot strike at all.
What do you think?

Should professors like me be entitled to strike if we do not like how our employer is treating us, or if we think a strike will allow us to win a better employment contract?
Or should we add professors to the growing list of workers who should not have a right to strike?

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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Here's my latest in @jacobinmag.

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New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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