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The Law of Work
Law of Work Archive

York Strike Update: Tory MPP Introduces Back-to-Work Bill

by David Doorey December 3, 2008
written by David Doorey December 3, 2008

A Conservative MPP (Peter Shurman) introduced a private members’ bill that would order the striking CUPE 3092 members back to work and end the strike.  The Bill itself is whacky:  it purports to have the government impose a collective agreement, rather than send the matter to interest arbitration, which would be the usual course of action.  And while it does not generally say what those terms would be, it does require the new collective agreement to have a 3 year term. This is what the employer wants, whereas the union wants a 2 year agreement.  So Shurman would like the government to legislate a term the employer has not been able to obtain through bargaining.
This Bill has zero chance of becoming legislation.  Private Member’s Bill rarely pass.  If you want to learn how a Private Member’s Bill can become law in Ontario, see this Chart.
This is really just a publicity stunt by the MPP to get his name in the paper and perhaps start a discussion in the legislature.  The only way that back-to-work legislation to end the York strike would come about is if the Liberals move on this.  My sources tells me that there is little appetite in the Government for getting involved in this before the December break.  But things can change quickly, so what do I know?

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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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