York to Order Ratification Vote

   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.