Unfortunately, the issue of labour relations makes news mostly when there is a strike. This contributes to the public perception that strikes are common, when in fact they are quite rare. In today’s papers, there are stories of a pending strike of VIVA transit workers next Monday, and of a strike already happening at the University of Windsor. Many York students will be effected if the VIVA bus drivers strike. They want parity with the TTC drivers, who recently struck (in part) to win parity with Mississauga transit drivers. Your textbooks often call this bargaining strategy ‘whipsawing’.
The Windsor strike is more unusual in that there are relatively few examples of an entire university faculty going on strike. Obviously, classes are cancelled. If the strike drags on, watch to see if the Provincial government steps in to legislate the workers back to work. If they do, could the back-to-work legislation provide a good opportunity to test whether “freedom of association” under the Charter includes a ‘right to strike’ in the post-Health Services world? Recall that the Supreme Court ruled in that case that the Charter should be interpreted to provide “at least the level of protection” as ILO Conventions that Canada has ratified. Canada has ratified Convention 98, which includes a right to strike and prohibits ‘back to work’ legislation in most cases.
Strikes at U. of Windsor and (maybe) VIVA
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