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The Law of Work
Law of Work Archive

The Strike Continues … Mostly

by David Doorey December 1, 2008
written by David Doorey December 1, 2008

Mediation again broke down this weekend as York and CUPE, Local 3093 seem unable to find a settlement zone.   This means the classes remain cancelled for most York students.  Classes resume at Osgoode Hall today for undergrad law students.  But, even there, things are far from normal.  What the Senate approved was York’s remediation plan, which did not require classes to be taught per se.  Instead, it allowed professors some flexibility in deciding how to proceed so that the courses are completed.  Some profs are teaching the course electronically, while others are teaching their courses as reading courses.  
But all of the Osgoode profs will be concluding their classes, whether they want to or not.  The trouble for faculty anywhere at York who do not want to cross the picket line is that they have no contractual right to refuse to cross a legal picket line.  Therefore, they can be disciplined for refusing to teach a course that has received an exemption.  It’s not clear what position CUPE 3093 is taking in that regard — whether it expects professors to risk discipline by ignoring the Employer’s demand to resume teaching.  Do you think a prof should be disciplined for refusing to teach a course the University has exempted from the no-classes policy?
As noted before, no student at York is required to cross a picket line or attend a course that has received an exemption from the no-classes policy.  Therefore, any profs teaching exempted courses may face the difficulty of having to make up the course for students who do not come to class.
In the meantime, we are getting closer to the possibility of classes being cancelled for the remainder of the calendar year.  Keep tuned…

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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 #Gig to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

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jamesbrad263Brad James@jamesbrad263·
7h

@TheLawofWork @OFLabour Thanks for giving me space on your blog last December to bloviate and whine about this broad topic: https://lawofwork.ca/james_whysoquiet/

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
8h

It is rather striking that the @OFLabour is not leading a charge for improved access to collective bargaining.

Emphasizing improved labor standards over collective bargaining rights.

Brad James@jamesbrad263

Private sector union membership is slipping. Ways to address that could include better rights for employees to form unions (as BC has done) or building a broader-based bargaining system for franchise workers. But those aren't in this list of goals from Ontario's union federation. https://twitter.com/OFLabour/status/1559242326391791616

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greenhousenytSteven Greenhouse@greenhousenyt·
22h

Breaking- NLRB says workers at Amazon warehouse in Albany NY area file petition for union election for 400 workers to join Amazon Labor Union

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