I must, unfortunately, remind everyone again that you ARE LEGALLY LIABLE for your language, words and comments posted here. Any threats, insinuations of threats, violent language, derogatory comments etc. HAVE REPERCUSSIONS.
Please remember to keep all of your comments clean and productive.
I invite everyone to email me (see Contact Info for my email address) to report inappropriate comments and I will deal with them accordingly.
Thank you
YorkStrike2008
Frequently Asked Questions:
Is there a cost to Class Members of joining the Class Action?
No.
Class Members (You) are not liable to pay any of the expenses of the litigation, whether lawyers’ fees or costs. Recovery of costs and other expenses is contingent upon a recovery being obtained (meaning a settlement with York University is reached or damages are awarded by a court). If no recovery is obtained, Class Members will owe nothing for costs and other expenses.
The sole contingency upon which Juroviesky & Ricci shall be compensated is a recovery in the litigation (meaning a settlement with York University is reached or damages are awarded by a court), whether by settlement or judgment. Juroviesky & Ricci will request that the court approve legal fees of 25% of the total recovery in addition to the Juroviesky & Ricci reasonable disbursements in the litigation plus applicable taxes. “Disbursements” shall include but not be limited to costs of travel expenses, telephone, copying, fax transmission, depositions, investigators, messengers, mediation expenses, computer research fees, other computer service fees, court fees, expert fees, other consultation, class action and paralegal fees and expenses. Any recovery in the litigation shall first be used to reimburse disbursements.
In the event that the litigation is resolved by settlement under terms involving any “in-kind” payment, the contingency fee agreement shall apply to such “in-kind” payment.
In 2000, a Class Action was launched by the law offices of Polten & Hodder (Ciano v. York University). This action was dismissed by the Ontario Superior Court of Justice before it reached the Certification level. York University made a motion for Summary Judgment on the basis that there was no genuine issue for trial in that there was no “evidence of damages sustained as a result of the strike which was an essential element of the cause of action” and that “[l]oss of class time was not proof of the damages.”
The reason that our Class Action against York University is different than Ciano v. York University is that our claims arise from legislation whereas Ciano v. York University was based solely on common-law principles. Our claims are being made under the Consumer Protection Act, 2002 which was not in effect in 2000 when the previous Class Action was launched. Unlike in the Ciano v. York University action, under the Consumer Protection Act, 2002 actual damages need not be proven.
If you withdrew from your winter or fall semester classes and received a full refund of the tuition you paid, you continue to be eligible to sign up for the Class Action. However, any money you have already received from York University cannot be claimed again by signing up. If you have received a refund from York University, the only damages you may receive in the event of recovery in the litigation (meaning a settlement is reached or damages are awarded by a court) is the non-refunded tuition, and those damages outside of the tuition for which you already received a refund.
Additionally, if you have withdrawn from either your fall or winter semester at York University, and you have received no refund from York University, you are eligible to sign up.
Naturally, in the case where the action is unsuccessful, you may receive NO lost tuition or costs.
If the “Back-to Work Legislation” is passed, it will have no effect on the Class Action itself. The action is based on the Consumer Protection Act, 2002, in that York University students are entitled to receive the level and quality of education that they were told they would receive upon paying their tuition. If the Striking Workers return to work, there will be no effect on the past three months and the detrimental effect the Strike has had on the quality of education York University Students would receive.
The Statement of Claim is currently seeking the widest range of damages possible. For example such items as loss of income; tuition reimbursement; reimbursement for housing; and other living costs, etc. However the court always has the ability to rule out certain types of damages in our claim, and as such, the claim for damages may be narrowed significantly by the court before or after Class Certification.
This action should have no effect on your decision to return to classes at York University in the event that the “Back-to-Work Legislation” is passed. Regardless of your personal choice of returning to York University or not, you will continue to be eligible to sign up for the Class Action.
York University does not have a policy in writing (that was available to us), regarding expulsion for bringing a cause of action against the University. Nonetheless, everyone in Canada has a right to be able to pursue legal action against any organization, individual, or authority that breaches a contract or fails to provide a service within the specified terms of an agreement. York University is responsible for providing students with an education within and expected period allotted (as pleaded in the Statement of Claim), and any extension of the semester or term would be in violation of the agreement made between them and students. Unless Students agreed in writing to terms stating that York University may expel students and/or void their legal right to sue the school under a valid cause of action, then York CANNOT expel any students for participating in this Class Action and participating in a legal cause of action.
Furthermore, it’s highly unlikely that York is going to expel 20%+ of its student body for being members of an injured Class.
Press Released from Juroviesky and Ricci LLP:
TORONTO, Jan. 25 /CNW/ – In the wake of the Ontario government’s failure to acquire a unanimous consensus regarding the passage of the York University back-to-work legislation, the law offices of Juroviesky and Ricci LLP have filed a class action lawsuit in the Ontario Superior Court of Justice against York University alleging class wide violations of various statutory and common law duties to the students of York University.
The suit claims that the students of York University are entitled to a refund of the students’ tuition and other fees paid to York, and for damages (direct and indirect) for losses suffered by students enrolled in full and part time programs at York University for the Fall/Winter 2008/2009 semester. For further details, please see the press release and materials posted on Juroviesky and Ricci’s website www.yorktookmymoney.com and/or www.jrclassactions.com.
According to Henry Juroviesky of Juroviesky and Ricci LLP, “It’s unfortunate that this matter has evolved into a stalemate labor negotiation between York University and the Union, and has lost its primary focal point, namely the welfare of the York University students, and as such the only practical option the students have for immediate relief and the possibility to salvage their academic track is via the court system through this class action.”
Note that the detailed statement of claim filed with the Ontario Superior Court of Justice is the result of an extensive and independent investigation conducted by Juroviesky and Ricci LLP. In respect of Canada, to the knowledge of Juroviesky and Ricci LLP, no other statement of claim has been filed in this matter against the Defendant and no other law firms, as at the time of filing its statement of claim, represent plaintiffs in this litigation.
Because lawyers at Juroviesky and Ricci LLP have conducted a thorough investigation on this matter, they are in a superior position to answer questions about the claims alleged in the statement of claim, and can be contacted to discuss this case through the telephone number and/or e-mail address indicated below.
To be included as a lead or representative plaintiff on this matter, you must meet certain legal requirements. If you would like to join this class action as a lead or representative plaintiff, join as a class member, or otherwise be included in the York University Class Action database, please visit the following website:www.yorktookmymoney.com and provide us with the information requested.
More information on this and other class actions can be found on the Juroviesky and Ricci LLP Class Action website at www.jrclassactions.com.
Statement of Claim:
You can read the Statement of Claim or the charges on York University by the Plaintiff Jonathan Turner. They are pretty much going after them for unjust enrichment, breach of contract and breach of the Consumer Protection Act (CPA).
You can read the full document here: Statement of Claim
You may join the Suit by filling out the form at: http://www.yorktookmymoney.com/
This information will be permanently available under the header title Class Action Law Suit Info
Tens of thousands of York University students had their hopes of a quick return to class dashed this past weekend as back-to-work legislation that would’ve ended a months-long strike by teaching assistants and contract staff was held up by the New Democrats.
The NDP voted against the bill, supported by both the Liberals and the Progressive Conservatives, in a rare Sunday session at Queen’s Park. Leader Howard Hampton argued, in rejecting the proposal, that striking workers do half of the teaching at York University but only receive a fraction of the salary.
“I think adequate funding for Ontario’s universities is something we should all be interested in,” he noted, adding York should be shouldering the blame for the extended stoppage more so than his party.
“The university was never interested in bargaining,” Hampton insisted. “They wanted to lock the students out there in the street and they were hoping the government would come and sweep all this under the carpet, which we think may be illegal.”
The Liberal government admitted that unless the NDP changes its mind students likely won’t be back to the books this week. Politicians headed back to the legislature Monday to continue the debate.
“I think it’s important that there be a debate on this legislation itself, on the government’s underfunding of post-secondary education, and on the need to address that if we’re going to avoid this in the months down the road at every community college and university in Ontario,” noted New Democrat Peter Kormos.
About 5,000 students in particular programs were able to return to class Monday because of a special agreement made in the past week covering certain programs including the Schulich School of Business. Those classes are being taught by instructors not taking part in the labour action.
“It’s quite different,” noted student Daniel Fahim, one of those let back after 11 weeks away. “It’s weird to come back to class.”
Others felt conflicted about the return.
“It’s kind of a mixture of feelings,” student Christine Kang explained. “Yes I know for sure I’ll actually get my term but it’s really frustrating because we’ve been off for two and a half months. You probably forget everything.”
Premier Dalton McGuinty sent in his top mediator to assist in bringing both sides together last week, but no agreement was reached.
Thursday is the earliest a back-to-work bill could be passed, so at this point the school likely won’t reopen until February at the earliest.
Some picketers say they are disappointed with the government.
“What’s the point of having unions if they will make it illegal for them to go on strike?,” asked CUPE 3903 picket captain Xavier Scott. “Unions are a cornerstone of the democracy. Whether or not you support this particular strike, or whether or not you have problems with unions, I think everybody has to admit at the end of the day that (striking) is an integral part of the democratic process and workers’ rights across the country.”
The Opposition claims the Liberals were slow to react.
“Your mismanagement took them from being pawns of the university and the union to being pawns between the Liberals and the NDP,” charged Progressive Conservative MPP Peter Shurman at Queen’s Park. “And for that shameful political posturing the Minister of Training, Colleges and Universities should resign.”
And in a statement, P.C. Leader John Tory argued, “Students are suffering at the hand of the Premier, yet all he has to offer them is the promise of additional OSAP funding, which really means more debt. That’s just not good enough. Students just don’t deserve to have more debt and more interest charges because Dalton McGuinty chose to ignore their plight for weeks.
“Our Party has been calling for action on this since November. Now that students are facing an extra month of rent, less time for summer jobs and a change in travel plans to get home, this government must find a way to finally offer up some real assistance.”
MPP John Milloy, who’s in charge of the Colleges and Universities portfolio, responded, “When it became apparent there was a deadlock we’ve taken the action of recalling the legislature. And we call on all members of the legislature, particularly those in the New Democratic Party, to not hold up the education of 50,000-plus students.”
But while there’s no action in many of the university’s classes, there may be some hope for affected students, as a Toronto law firm has filed a class action lawsuit on behalf of the pupils, claiming they’re entitled to a refund for their tuition costs and other fees.
“We’re asking for $250 million in general damages,” explains lawyer Henry Juroviesky. “They have a diminution in the value of their educational degrees, they have a diminution in value and quality of their education, they also have indirect damages.”
To find out how to stake your claim, click here.
York officials would only say they’ll review the suit and defend it on merit.
But Juroviesky says hundreds of students have already signed on, with many more to join, though some would prefer to simply save the cash and head back to school.
“I’d rather have my credits than the money,” admitted student Stephanie Gyles. “I don’t really think I need the money I just want the credits.”
The strike, which began November 6, affects 50,000 students at the university. The school says there are no plans to refund tuition. Students will have no reading week and a shorter exam period in order for the school year to end on June 2.
Photo: It may be another week before back to work legislation can be passed and York University students get back to class. (Peter J. Thompson/National Post)
By Allison Hanes and Sarah Millar
Update: Sarah Millar is reporting on Monday’s debate at Queen’s Park via Twitter. Get her live updates here.
—
It could be another week before York University students resume classes after the Ontario New Democratic Party refused on Sunday to help fast-track back-to-work legislation introduced at Queen’s Park to end an 80-day strike by teaching assistants and contract professors.
Ontario Premier Dalton McGuinty convened an emergency session of the provincial legislature in order to salvage the school year for 50,000 students, after a mediator’s last-ditch attempt to resolve the labour dispute around the bargaining table ended in what he called a “deadlock.”
Arriving at Queen’s Park on Sunday, Infrastructure and Energy Minister George Smitherman called the bill “back-to-learning” legislation.
But the session quickly adjourned until today when the NDP caucus withheld its consent to waive first reading of the labour bill. The opposition party’s agreement would have expedited the law’s passage — which requires three readings before it receives royal assent — as happened last April when the Ontario legislature voted unanimously during an extraordinary Sunday session to terminate a day-old strike by Toronto Transit Commission workers.
NDP leader Howard Hampton on Sunday vowed “full debate” on the bill.
The move could push its final passage to the end of the week.
“We’re going to point out that these workers do 54% of the teaching at York University, get only 7.5% of the budget. We believe in full and principled debate,” Mr. Hampton said. “We’re not going to be part of what we think has been a manipulative process from the beginning.”
Progressive Conservative leader John Tory chided Mr. McGuinty for waiting so long to intervene in the strike that has suspended classes for 11 weeks. But he also lamented the NDP’s decision to slow down the return to class at the 11th hour.
“Mr. Hampton is advocating a point of principle that we all understand is something the NDP believes in. I respect that but I think he could have done that today,” he said. “He could have said all he wanted to say in several hours of debate today, he could have voted against the bill — which I’m sure he will do — and then we could have had people back to work tomorrow. I hope he does that tomorrow.”
The Conservative caucus will do everything it can to speed passage of the law, Mr. Tory promised, including limiting all speeches to the one-hour allotted for opening remarks during the debate.
He said neither Mr. McGuinty nor Mr. Hampton have put the interests of students first.
“I’ve been told by the students and by their parents every day counts now,” Mr. Tory said. “These kids have a lot of work to do to catch up. They have summer jobs they want to get, they have permanent jobs they want to take and I just think we are putting their interests behind those of others if we don’t act right away to get this school open, York University open post haste and I think that means Tuesday. It should have been Monday.”
Ontario Labour Minister Peter Fonseca called the NDP’s stalling tactics “unfortunate.” He called on the party to help move the process forward now that they’ve made their point.
“The NDP first off, can stop this right now, and allow students to get back into the classroom tomorrow,” he said. “We’re focused on getting the teachers into the lecture halls, into the labs, and getting the students in their seats learning. We’ll move as quickly as we possibly can and we would hope that the NDP would come on board and do the same.”
Alex Bilyk, a spokesman for York, said what day classes will resume depends on what day the back-to-work bill gets royal assent, since the university is obligated to give students 24-hours notice.
“So if it passes on Monday, they’d be in class on Wednesday,” Mr. Bilyk said. “If it passes on Tuesday they’d be in class Thursday. Wednesday on Friday. And if on Thursday it would have to be on Feb. 2, which is on a Monday.”
York undergraduate students have been out of class since Nov. 6 when the Canadian Union of Public Employees Local 3903 voted to walk off the job. Negotiations broke down in late November and talks did not resume until January.
The 80-day strike has eclipsed the 2000 CUPE strike, when the same union was out for 72-days. In that strike, classes were not cancelled for students officially, though some professors didn’t teach courses.
To avoid any confusion this time around, the university’s senate decided to suspend class for all students.
Hamid Osman, president of the York Federation of Students, said on Sunday another week’s delay getting back to class is frustrating, but he placed blame for the entire fiasco at the feet of the Ontario government.
“It annoys me that it’s been so long,” he said. “My frustrations go from the McGuinty government not investing in post-secondary education, it goes to York University, with three strikes in 10 years. Our frustrations are all around. Students want to be back in the classroom learning and graduating. Everyday counts. It’s counted since Nov. 6.”
Mr. Osman called for York to give students a 12% refund on their tuition given their terms will be truncated by about three weeks. Both Mr. Hampton and Mr. Tory said some kind of assistance for students is warranted.
Mr. McGuinty mentioned extra loans could be made available.
But Mr. Bilyk, the York spokesman, said a rebate is out of the question since the university is going to “deliver” on the school year, albeit belatedly.
As soon as classes resume, the fall term will be completed followed by a brief exam period. Then winter classes will start in a condensed term that will end by the start of June.
Catherine Divaris, co-organizer of YorkNotHostage, which currently has more than 5,000 members, said jubilantly she and others in the group are “absolutely elated,” by the latest development.
“I think we all knew York and the union would not be able to agree on sticky issues,” she said in an interview on Sunday. “It is very late in the game, but at least McGuinty did call the legislature and introduce the bill.”
She added the delay due to the NDP slowing passage of the bill was disappointing but predictable.
“We figured the NDP would do this,” she said. “It’s kind of ironic that the NDP claims to support students and they’re not doing anything to get us back into the classroom after an 11-week long break.”
York University student Kriss Bacon, founder of the Facebook group 50,000 Against York U, called the Ontario government’s bill “too little, too late.”
“I’m already losing 12% of my instruction time and 33% of my yearly income opportunities,” he said.
Earlier last week, members of CUPE 3903, voted 63% against accepting a settlement offer from York.
The ratification vote, supervised by Ontario’s Ministry of Labour, was forced on the 3,340 union members after the union leaders refused to put the offer to a vote.
Afterward, the province announced it was sending in a top mediator. But on Saturday, mediator Reg Pearson told the Premier there was “no reasonable prospect of a negotiated settlement.”
The university said the rejected deal, which includes a wage and benefits increase of 10.7% over the duration, represented a reasonable offer. But CUPE said it’s not about wages.
“These are people who have been teaching at York for 15, sometimes 20 years. They have to reapply for every single course they teach,”said Tyler Shipley, a spokesman for the union, as more than 100 CUPE members protested outside.
MARIA BABBAGE
THE CANADIAN PRESS
A last-ditch effort to speed up legislation aimed at ending a long strike at Toronto’s York University was stymied this afternoon, leaving frustrated students in limbo for at least another few days.
The Liberal government and Opposition Progressive Conservatives wanted to sit until midnight if necessary to get through the debate and pass the back-to-work bill, but the New Democrats refused.
The NDP’s opposition to the legislation means the bill won’t likely be passed until Thursday, and students will likely have to wait until next week to return to the classroom.
NDP Leader Howard Hampton, who has steadfastly resisted the bill from the beginning, denied he was playing procedural games that would ultimate hurt students.
“I’m sure the McGuinty government wants somebody to blame, but the reality is, there are very serious issues here,” Hampton said.
Ontarians need to know that the Liberals are not providing enough funding to the province’s universities and that York University didn’t bargain in good faith with its employees, he said.
The Liberals and Progressive Conservatives had hoped to pass the bill yesterday when Premier Dalton McGuinty recalled the legislature, but the New Democrats voted against the bill.
Hampton vowed to take all the time allowed under the rules to debate the bill and wouldn’t say whether he planned to stall it further by demanding amendments.
York students could have been back in the classroom as soon as tomorrow if the government had told the university to go back to the bargaining table, he said.
“We won’t be debating tonight,” Hampton said.
“If the government wanted to stay until midnight, they should have thought of that last week.”
Debate got off to a heated start in the legislature, with finger-pointing on all sides over who was to blame for the 12-week strike.
The opposition parties accused the Liberals of sitting on their hands for weeks as the strike dragged on, while the Liberals deflected blame to the NDP for delaying the bill’s speedy passage.
With Premier Dalton McGuinty absent from the legislature, it was up to self-described attack dog George Smitherman, who is deputy premier, to lead the government’s counterattack.
Smitherman accused Hampton of needlessly prolonging the suffering of students, pointing out the NDP supported back-to-work legislation last spring that ended a surprise Toronto transit strike.
“Why are you standing in the way of the opportunity for 50,000 students and their families deeply impacted to get back into the classroom?” Smitherman demanded.
Progressive Conservative Jim Wilson erupted in a rant aimed at Colleges and Universities Minister John Milloy, accusing him of doing little to prevent similar labour disputes at other universities.
“Do something so that we don’t have a massive provincewide strike,” Wilson shouted.
“Either that, or resign, because you’re completely friggin’ incompetent.”
The strike has kept up to 50,000 York students out of classes since early November.
They are debating the passing of Bill-145 right now.
Go here:
http://www.ontla.on.ca/web/go2.jsp?Page=/webcast/webcast_main&locale=en
Politicians are back in the Ontario legislature to debate legislation that would end an almost three-month strike at York University.
The Progressive Conservatives are slamming the Liberals for failing to take action sooner to help end the strike. With the premier absent from the legislature, it was up to Minister of Colleges and Universities John Milloy to call on all parties to pass the back-to-work legislation quickly.
The Liberals and Progressive Conservatives had hoped for speedy passage over the weekend but the New Democrats voted against the bill.
The strike has kept about 50,000 York students out of classes since early November.
NDP Leader Howard Hampton says he is not playing political games by refusing to go along with the legislation. He says striking workers do about half of the teaching at York and only receive a fraction of the salary.
The government says it’s unlikely students will return to school this week unless the New Democrats have a change of heart.
The Liberals say Thursday is the earliest the legislation could be passed – so the school likely won’t reopen before Feb. 2.
— The Canadian Press
http://oncampus.macleans.ca/education/2009/01/26/york-back-to-work-legislation-day-2/
The Executive Committee of the York University Senate has issued a timetable for a return to classes by students, depending upon the date of royal assent of back-to-work legislation in the Ontario legislature.
Premier Dalton McGuinty recalled the legislature on Sunday and introduced legislation to bring an end to the strike by Canadian Union of Public Employees Local 3903, which began Nov. 6. If this legislation passes, all outstanding items between the two parties will go to mediation and binding arbitration.
Senate Executive has declared that there must be at least 24 hours between the end of the disruption – that is, the day when the bill is passed and signed into law (royal assent) – and the resumption of classes. Classes that are suspended will resume as follows, assuming royal assent in the coming week:
| Date of royal assent | Date students return |
| Monday, Jan. 26 | Wednesday, Jan. 28 |
| Tuesday, Jan. 27 | Thursday, Jan. 29 |
| Wednesday, Jan. 28 | Friday, Jan. 30 |
| Thursday, Jan. 29 | Monday, Feb. 2 |
| Friday, Jan. 30 | Monday, Feb. 2 |
| Saturday, Jan. 31 | Monday, Feb. 2 |
Classes will resume on a regular schedule (that is, Wednesday classes will meet on the first Wednesday after resumption, for example). Further information about the fall, winter and summer term schedules will be issued as soon as possible after the legislation has been approved and the disruption has ended.
Students in programs that were previously approved as specified exemptions or that were approved for early remediation should continue with their class schedules as previously notified
Check the Division of Students’ Labour Disruption page for updates. The Office of the Registrar will also post the revised fall, winter and summer schedules at the Important Dates page within hours of the end of the end of the disruption.
The recall of the legislature was announced by the premier on Saturday. Here is the text of his statement:
“On Wednesday, I asked Ontario’s top labour mediator, Reg Pearson, to make one final attempt to resolve the ongoing labour dispute at York University. Since that time Mr. Pearson has met with both sides and worked to resolve the strike through mediation and discussion.
“Earlier today I was advised by Mr. Pearson that there is no reasonable prospect of a negotiated settlement between York University and CUPE Local 3903. The sides are in a clear deadlock, and despite our best efforts to bring the sides together, that has not changed.
“The strike is also at the point where the academic year is in jeopardy for York students. In challenging economic times, when we need all our people at their best, we simply cannot afford to delay the education of 45,000 of our best and brightest young people.
“Having exhausted all other options, I will be recalling the legislature as of Sunday at 1 pm for the purposes of introducing back to work legislation. I am asking MPP’s from all parties to provide unanimous consent for immediate passage of the bill so that students can get back to school this week.”
York President & Vice-Chancellor Mamdouh Shoukri said: “Like the premier, we would have preferred to reach a negotiated settlement at the table. However – and most importantly – this initiative by the premier will help our 50,000 students get back to class as soon as possible.”
Shoukri continued: “I look forward to welcoming our students back. We are working tirelessly to facilitate as smooth a return as possible and plans are already in motion to protect the integrity of their academic programs.”
TANYA TALAGA
QUEEN’S PARK BUREAU
York University contract professor Dhruv Jain came to the Legislature yesterday to watch the Ontario government introduce back-to-work legislation that will force him to return to the classroom.
But when he might return to the classroom was up in the air last night, after the legislation was denied speedy passage when the New Democrats voted against it. Without unanimous all-party support, MPPs now must hold a debate.
Jain, 25, teaches one full course, the introduction of African studies, and makes $14,000 a year. He struggles from month to month and lives under the poverty line.
“My parents throw in a little bit but they don’t have a lot of money. Their store is not doing very well,” Jain said after the NDP refused to support the bill yesterday in a rare Sunday sitting of the Legislature.
Jain feels as though the “academic integrity” of York is shot because the administration failed to work with the Canadian Union of Public Employees, Local 3903, to end the strike. The strike shut down the York campus on Nov. 6, when 3,300 teaching assistants, contract faculty and graduate assistants walked off the job. Conciliation and a last-ditch attempt at mediation failed.
“You are basically forcing 3,300 people to go back into a classroom they do not want to be in, not because they don’t want to teach their students but because of the way this labour conflict has been resolved,” he told the Toronto Star.
Outside on the front lawn of Queen’s Park, hundreds of protesters braved the cold weather yesterday, waving signs and loudly jeering as Premier Dalton McGuinty and MPPs listened to the introduction of the bill. “Mr. McGuinty, you messed with the wrong union,” one protester yelled so loudly that it was heard clearly inside the Legislature.
The return of 50,000 York University students to school is on hold for days because of the NDP’s refusal to support the legislation. If the debate were to end tomorrow, students could be back at school on Thursday. If it ends Wednesday, classes could start Friday or Monday, a York University spokesperson said.
NDP Leader Howard Hampton told reporters his party insists on a full debate because it refuses to be part of what he called a “manipulative process” led by McGuinty’s government.
Both the Liberals and the Progressive Conservatives accused the NDP of standing in the way of a rapid end to the 11-week strike.
“It is up to the NDP to decide if they are going to use 1970s ideology to stand in the way of getting these students back in their learning environment,” Deputy Premier George Smitherman said. Progressive Conservative Leader John Tory also called on Hampton to let students get back to school.
Tory said his party will only take a minimal amount of time to debate the bill. Hampton denied that his party was responsible for blocking a quick return to classes.
“If York University got back to the bargaining table today and bargained in good faith, students could be back at school tomorrow,” Hampton said.
“The people in the driver’s seat are York University, who have refused to negotiate.” Hampton said he expects the Liberals to shut down the debate after two days. Students should “demand a rebate” from York, the NDP leader said.
Tory said the province should provide financial aid to students and parents who have paid tuition to York. “The government should think about providing some help to these students because this is not any fault of theirs,” he said. “If the year goes on beyond the scheduled end, they’ll be forced to pay rent or give up their summer job time.”
York students welcome the idea of tuition relief. Hamid Osman, president of the York Federation of Students, called for a tuition refund of at least 12 per cent “because the administration has cut down the school year to 23 weeks.”
CUPE spokesperson Tyler Shipley said the central issue in the dispute is job security for contract professors. “These are people who have been teaching for 15, sometimes 20, years at York and they have to reapply for every course they teach. That means come September, you don’t know if you have one course to teach or five.”
York spokesperson Alex Bilyk said the university “tried its hardest to get a deal” and called the legislation a “light at the end of the tunnel.”
http://www.thestar.com/news/gta/article/577196
Emphasis added.
Hampton’s NDPs sure were talking tough today. Fighting words. All defiant. All 8 of them.
Guided by Hampton’s tone and fiery rhetoric, NDP stalwards will likely delay the Liberal bill more than a couple days. More like a couple weeks. They can’t stop it, though. However fiery the NDP rhetoric, it amounts to fidgeting while York burns.
And once we 3903s finally do get legislated back to work — then what? Will we just lie down for it? Get our routed drooping backsides back to work in full spirits of civil obedience?
Hard to say. Due to how furious we seem to be right now. As if it had been York refusing to realistically bargain these past 3 months. Rather than us 3903s bragging demanding everything impossible so that nobody — including mediators — could conceive sitting across from us. So that this academic year would get so jeopardized, York would have no option but capitulating every impossibility we demanded in the first place.
As if demanding the impossible, refusing to bargain, returning to asking the impossible and, only when threatened by legislation, bargaining at the last split second could ever mean it was York refusing to bargain. Hell. Even threatened by legislation at that final split second — our bargaining team still wasn’t authorized to bargain. Our bargaining team was supposed to backtrack. Track all the way back to November 5th. The day before the strike.
That’s why we expect the Supreme Court to rescue us. Since, to our way of thinking? Pretending to bargain for a split second after we’d already lost means it was York refusing to bargain. It means the deadlock was faked. It means employers will generally begin using government to legislate unions back to work — just by being intransigent.
Let’s get real. York did not refuse to bargain. York merely refused to have its time wasted. Even the original mediator refused to have more time wasted. It was only in the scowling face of our intransigence that nobody could imagine bargaining. And, under circumstances so uniquely instigated by our loco 3903 local — no legislated initiative can be considered a general measure against more conventional organized labour. Lest we forget — there’s plenty evidence even CUPE national has had too much of us.
However, seeking to challenge the Liberals’ bill legally is the least some of us 3903s intend to do. Because some of us are that ideologically committed. It doesn’t matter how no government or institution practices “neo-liberalism” in this day and age. It doesn’t matter how, in fact, we are the closest there is to a neo-liberal youth movement. Striking out as a leisure ruling-elite to better exploit the fruits of student labour — the very means of student productivity. None of that matters. Our most committed 3903 ideologues will continue striking out — regardless how defeated and humiliated.
So what, though? Will the general membership follow our formerly beloved ideologues? Sure — we general members turned out to follow 3903 ideological leadership when they had us and themselves convinced what winners they were. But now? After such spectacular public spanking? Not so likely. Because now all that ideological committment comes across charming as loser sores. Not appetizing. And that’s why cracks beween our ideological leadership and our more general membership begin to gape. As the following exchange attests.
More general member:
I want to lend my support to what [nameless1] is saying. We are being legislated back. There is little chance of stopping that now, although we can try to influence the contract that results. I think extending an olive branch would be a better strategy than poking people in the eye.
Once we are sent back it would be unwise and irresponsible (and illegal!) for the executive to counsel individual members to defy this legislation and risk the fines ($2,000 per day, per person – strict individual liability, which means you pay and the union cannot reimburse you); it would be equally unwise and irresponsible for exec to bankrupt this union by subjecting it to fines ($25,000 per day) and to completely ruin its reputation. It was nice to read in this morning’s Star that Tyler Shipley has said the executive will not be endorsing any wildcat strike. I assume that the Executive will hold to that and that the gates, trucks, signs, flags, and cash flow to strike actions will disappear. I also assume that the Executive will actively tell members who wildcat to return to work – as the law dictates it must.
But, hey, if you want to disobey the law and pay the fines and suffer the jail time as an individual, then I think there’s a line forming behind [nameless2] and [nameless3]. I assume they’ll be going first.
Generic ideologue:
If you read the history of Canadian resistance you will understand that laws tend to be (a) flexible, (b) subject to change through resistance and legal challenges, and (c) subject to enforceability. When enforcement officials have decided it is in their best interest to proceed with charges they have been constrained by their ability to lay charges and proceed through the courts system to achieve convictions. In short, the historical precedent is that a few visible leaders usually get nailed with charges that may or may not stick. The capacity to prosecute large numbers of rank-and-file members does not exist.
More general member:
My view is that for civil disobedience to successfully defy a Canadian law it requires:
(a) A cause that the public and the participants feel is just.
The right to strike for 90 days and to fiddle about at negotiations by ‘waiting until they just give us everything’ isn’t a just cause, sorry – not in the public’s view, not in mine.
(b) Wide-scale action and allies.
I doubt we would be able to find 100 members willing to defy legislation. We might not even find 50. I won’t be joining you. We’re dreaming if we think any CUPE local is coming to our aid, not after the way we have consistently pissed on National in this strike.
(c) Time.
Our lawyer tells us that a SCC challenge on the BC Health case took 5 years to wend its way through the courts. A Court challenge does not stay the back to work legislation. Court challenge or not, we have to go back. (If you don’t believe me, ask our lawyer – who apparently you don’t believe either.)
(d) Money.
We don’t have any. I don’t have any. Do you?
However, I won’t be participating in any civil disobedience this time around – especially not to cover the asses of the CUPE 3903 aristocracy who have made bad decision, after bad decision, after bad decision. The mediator, our lawyer, CUPE National, and goodly number of people on hand Friday night told the Exec/BT to wrap up a deal or expect back to work legislation the next morning. As usual, the BT/Exec knew better than all these people. The BT/Exec decided that all these people were wrong, that there was little chance of BTWL. Guess what? It didn’t work. It cost us a few bucks too. You lost what little was left of my confidence with that incredibly ill-advised move.
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