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Canadian Law of Work Forum (CLWF)
Law of Work Archive

YUFA and York University Reach a Tentative Agreement

by David Doorey February 9, 2016
written by David Doorey February 9, 2016

Soooo, I was in the process of writing a blog entry about the legalities of a strike vote scheduled to take place this week at York University when I received an email informing me that the faculty union (YUFA) and the University have reached a tentative agreement.
Therefore, I have deleted my ramblings about the law of strike votes and the legal right of employers to

York and its largest Faculty Union Have Reached a Tentative Settlement

York and its largest Faculty Union Have Reached a Tentative Settlement


unilaterally impose terms and conditions of employment on unionized employees.  Instead, here is a quick primer on what happens now.
Since 1995, the Ontario Labour Relations Act has required mandatory ratification votes.  This requirement is found in Section 44.  This means that even though the union’s bargaining team and the employer’s bargaining team have agreed that the terms of the deal make sense, no collective agreement comes into force unless a majority of employees in the bargaining unit vote to accept the deal.   At York, that vote will take place between February 23-25.
Although relatively uncommon, it does happen occasionally that bargaining unit employees reject a proposed settlement.  For example, this happened a couple of years back during the extended York Region transit strike. And, more directly, it happened last year when contract faculty represented by CUPE were on strike at York.
Will York full-time professors accept the proposed contract settlement later this month?  I really have no idea because I know nothing about the terms of the settlement.  If the deal is rejected, bargaining would resume, and I no doubt will be returning the blog entry I thought I was about to write dealing with the laws governing strike votes.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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RSandillRicha Sandill@RSandill·
24 Feb

@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

CLWF@CanLawWorkForum

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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TheLawofWorkDavid J. Doorey@TheLawofWork·
24 Feb

Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

Jacobin@jacobinmag

Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

Reply on Twitter 1364623976174092316Retweet on Twitter 13646239761740923168Like on Twitter 136462397617409231613Twitter 1364623976174092316
CanLawWorkForumCLWF@CanLawWorkForum·
24 Feb

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364605259071561730Retweet on Twitter 13646052590715617304Like on Twitter 13646052590715617304Twitter 1364605259071561730
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