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The Law of Work
Law of Work Archive

York to Order Ratification Vote

by David Doorey January 10, 2009
written by David Doorey January 10, 2009

   Perhaps the powers that be at York are regular readers of Doorey’s Workplace Law Blog.  If they are, they would have been reading about how it might be time to order a ratification vote of the striking employees on the employer’s last offer.   That is a good strategy when the employer believes there is dissension in the ranks, and that the membership wants the strike to end, even if the union executive doesn’t.
York has finally decided to try its luck at this strategy.   The risk is, of course, that the union membership might soundly rejects the employer’s offer, like what happened this week at OC Transpo in Ottawa (where it was the government that ordered the vote).   If that happens, the employer could be in trouble, because it will mean that it needs to offer more or else face the continuation of the strike for some time.  Two other things.   The employer can only order a vote once, so this is it.  And if the membership soundly rejects the employer’s offer, this could become important evidence in the event this strike later goes to interest arbitration, because interest arbitrators try to replicate what would have been bargained by the parties had the strike been permitted to continue.  It is a risky gamble for York.  But, then again, bargaining doesn’t seem to be going anywhere, so it is probably worth finding out where the strikers stand.
It should take about a week for the Ministry of Labour to arrange and then conduct the vote.

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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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David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
1h

Ya, I wrote a blog piece on this, but the sentence itself is ambiguous! Does it mean you CAN join a picket line on your lunch hour, or you CAN’T?

Grammar. But local folks told me they are banning people from picketing at lunch.

🫡 @andreaharrington@mastodon.social @angrycrank

@JohnSandlos @TheLawofWork

Reply on Twitter 1621293270956392452 Retweet on Twitter 1621293270956392452 Like on Twitter 1621293270956392452 1 Twitter 1621293270956392452
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
3h

Put together a quick blog post on a subject we've been discussing on Twitter.

"Is Memorial University Illegally Preventing Workers from Joining Picket Lines?"

What do you think?

https://lawofwork.ca/memorialpicketing/

#MemorialStrike #LabourLaw #FreedomofAssociation #CanLab

Reply on Twitter 1621277482719629312 Retweet on Twitter 1621277482719629312 2 Like on Twitter 1621277482719629312 2 Twitter 1621277482719629312
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
6h

STOP MAKING SENSE!

Anthony Francis Dale @anthonyfdale

@TheLawofWork @MemorialU If there is a right to support other employees during non-working time, starting point must be the irrelevance of the fact that lunch is "paid". As Ontario Board said in 1982 Adams Mine case, employer otherwise could prevent exercise of a right by paying money.

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