Exclusive: Draft of the Back-to-Work Legislation

This was sent to me via a secured and trusted source from the inside of these processes. Its validity cannot be ensured, but it appears that it is real. I checked the Meta Data (to see whose computer/usernames) had opened the document. The one that popped up many times was Trevor Rands, a Legal Solicitor for the Legal Services Branch (LSB) of the Ministry of Labour. So I think we can assume that this is the real deal. I will post a PDF version for you to read or download:

 

york-legislation-jan-09

 

 


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97 responses to “Exclusive: Draft of the Back-to-Work Legislation

  1. important tidbits...

    …From the TorStar article posted by Ram (Thanks!):

    “Hopes that the dispute would be over this afternoon evaporated when NDP Leader Howard Hampton said his party would not grant unanimous consent to the Liberal bill, meaning procedural debates will probably stall passage until late Wednesday.

    York officials said that means classes could not begin until Feb. 2, extending the school year until June 2, and costing students one of the four months they have to work or study in summer.

    Once the legislation is passed, the university’s senate executive needs time to review the revised faculty programs and approve the new semester schedule before classes can resume, said York spokesperson Alex Bilyk.”

    ‘Union spokesperson Tyler Shipley said CUPE 3903 is considering challenging the back-to-work legislation in court.

    “We are looking into whether or not this is something that can be challenged, and we’ll certainly take it seriously if it seems like that’s a possibility,” he said in an interview.’

  2. ram

    FOR IMMEDIATE RELEASE – “BTW” LAW NOT THE ANSWER

    Published on 25 Jan 2009 at 06:56 am

    BACK-TO-WORK LAW IS WRONG WAY TO SETTLE YORK STRIKE, SAYS SID RYAN

    January 25, 2009, TORONTO, ON – Premier Dalton McGuinty should be telling the York University administration to go back to the bargaining table instead of introducing back-to-work legislation to end the strike by members of CUPE 3903, says CUPE Ontario President Sid Ryan.

    “We are firmly opposed to legislation that ends the collective bargaining process,” said Ryan. “There is no reason to bring that process to a close when the union has tabled a much altered position.”

    Ryan welcomed the decision by the Ontario NDP to refuse unanimous consent for introducing legislation today (Jan.25).

    “The NDP is standing up for the rights of workers,” he said. “And, they are creating additional time that could be used by the parties to negotiate a settlement before the bill is passed. McGuinty should be telling York’s administration to get back to the table immediately instead of relying on the provincial government to do their work for them.”

    If McGuinty truly wants to help resolve the key issues in the strike, said Janice Folk-Dawson, chair of the CUPE Ontario university workers coordinating committee, he should put adequate funding into the province’s postsecondary sector.

    “With adequate funding, York wouldn’t have to deny job security and decent incomes to contract faculty who do more than 50% of the teaching. The same applies at all other universities in Ontario,” she said. “It’s time to address the issue of contract work in a serious way.”
    Sid Ryan will address a rally today by CUPE 3903 members and supporters at 12 noon at Queen’s Park.

  3. ram

    School says it will offer fewer courses this fall after applications to program drop 26%

    http://www.thestar.com/News/GTA/article/576940

  4. that clears that up

    ‘Tyler Shipley, spokesperson for the striking CUPE employees, said the union will instruct its members to return to their jobs despite the possibility of challenging the law in court. “We’re certainly not going to encourage our members to do anything illegal,” he said.’

  5. B

    Fewer Faculty of Arts courses that is.

  6. “York officials said that means classes could not begin until Feb. 2, extending the school year until June 2, and costing students one of the four months they have to work or study in summer.”
    NDP would cost 3 days not one month as the article makes it sound. The reporting is so biased.

  7. B

    Although, it’s a bit funny that Alex Bilyk is giving us a Feb. 2nd start date when he really doesn’t have the authority to say that. He’s just the University’s mouthpiece. York is definitely getting a jump start on fixing that battered image.

  8. B

    Miss Dee – we are only a couple of days from February. Factoring in the debate time in legislature and the at least 24hrs notice they need to give us for class resumption. That puts us into February.

  9. Confused and Exasperated

    English enrolment down 40%? Wow… thankfully I only have a year left so I can’t see them cutting the 4th year classes that much.

  10. “Hopes that the dispute would be over this afternoon evaporated when NDP Leader Howard Hampton said his party would not grant unanimous consent to the Liberal bill, meaning procedural debates will probably stall passage until late Wednesday.

    York officials said that means classes could not begin until Feb. 2, extending the school year until June 2, and costing students one of the four months they have to work or study in summer.”

    They make it sound like it’s the NDPs fault that we are losing a month of summer. If Hampton would agree we would still lose 1 month minus three days.

  11. Pingback: York University Strike Update: The Legislature Meets « studentactivism.net

  12. John Tory just said it might pass

  13. YorkStudent

    Guys .. it s our chance now!!!!

    LETS GO TO THE RALLY ON WEDNESDAY!!!

    I wanna be there to see their votes for the back to York legislation!!! We have to celebrate!!!

  14. Obama Student

    YES WE CAN!

  15. too sick --

    so, if the BTWL is passes today..does that mean classes resume tomorrow or are we looking at a february 2nd start date?!…

    does anyone know at all? cuz aren’t we supposed to get atleast a 24 hour notice..

  16. BEYOND PISSED!

    we can watch the Legislative Assembly session on TV, channel 105 or online:
    http://www.ontla.on.ca/web/go2.jsp?Page=/webcast/webcast_main&locale=en

    i’m also hoping they’ll be cutting first-year, not upper-year courses.

  17. Fearful Student

    I’ve been just told that CUPE people are now calling for a rally outside parliament tomorrow to stop the back-to-work legislation.

    They are really really mad .. and pissed and this rally will be massive !! They want to make the government not legislate them back because if they go back under these conditions they will be so very very angry.

    NO education for us. We are not going to win this!

  18. york sux

    i think legislation is going to get passed today…cp24 is speculating that howard hampton will not stand in the way of “back to learning” legislation….i feel bad for cupe, even the NDP no longer seems to care

  19. Fearful Student

    @ Yorksux NO

    The bill will NOT pass because the NDP does not support it.

  20. Sincerity

    I agree with you guys.

    The bill will not have passed, until at least Wednesday because the NDP is not going to concede so easily.

    I think now its important to COME OUT AND SHOW SUPPORT TO the rally on Wednesday at Queen’s Park.

    Its now or never

  21. york sux

    i don’t think the NDP are going to stand in the way by what cp24 is speculating…..

  22. BEYOND PISSED!

    ok sorry it won’t be streamed online. we can only watch it on tv.

  23. york sux

    they are saying that howard hampton will express his opinions against the strike (hold up NDP values, idealogy(sp?), blah blah)but will not vote against it

  24. york sux

    “York officials said that means classes could not begin until Feb. 2, extending the school year until June 2, and costing students one of the four months they have to work or study in summer.”

    its funny how york (and cupe) caused this mess and is now pretending like its the NDP’s fault that our year has to be extended

  25. BEYOND PISSED!

    there’s also commentary now on CP24

  26. Cupe Doll

    Screaming in the background? Is that us 3903s?

    Introduction of “visitors”. NDP introduces… Heehhe. Undergrad “allies” and all the 3903s we know and love. Schurman introduces the YorkNotHostage student. NDP keeps introducing 3903s.

  27. Hamptons

    Hampton will express his view on BTWL and how he doesnt agree with the it but will not vote against it. Therefore, we will be back to school tomarrow or tuesday YAY!!

  28. ...

    apparently, representatives from yorknothostage.com are also in the parliament.

  29. Kiara

    WATCH CHANNEL 105 AT TO SEE THE LEGISLATURE DICUSSING THE BTWL AT 1PM.

  30. Cupe Doll

    Peter Kormos says BTWL is “stellar” illegality. New Democrats “will not support Mr. McGuinty this afternoon”

  31. dsd

    “The democrats will not support mister McGuinty this afternoon”
    Forget about school this week.

  32. dsd

    Shurman is such a suck up. It’s all about him being so awesome and generous to us students. He doesn’t give a shit about us. Nor do other politicians there as well as York or CUPE.

  33. Cupe Doll

    Schurman basically says let’s put the students first.

  34. Confused and Exasperated

    Was that CUPE yelling nay?

  35. Cupe Doll

    Bill gets introduced. Off camera visitors scream against it getting introduced. Bill gets introduced anyway.

  36. Cupe Doll

    @ Confused and Exasperated

    Yup — since most of the visitors are 3903s. Good rebel yelling there, eh?

  37. Sincerity

    “The democrats will not support mister McGuinty this afternoon
    Forget about school this week ??? ”

    Oh my god … let’s keep on waiting .. waiting .. waiting …

  38. Hassan

    Does dr. bob sternman knows if I will be back by tomorrow afternoon? thanks you.

  39. Mike Oxbig

    first reading vote in 10 seconds!

  40. Mike Oxbig

    8 ndp opposed

  41. york sux

    what is happening?

  42. Hassan

    Jack Lipton is there too. Wow!

  43. dsd

    Only 8 opposed, huhuhuh

  44. Cupe Doll

    Break for first reading almost over.. members taking seats.. those in favour standing up one-by-one.. all the Liberals take turns standing.. Conservatives standing one by one + clapping.. now the opposed.. 8 people stand up.. only 8? weird.. not a full house?

  45. Mike Oxbig

    alot of mpp’s are not there

    65-8

  46. york sux

    so what does that mean exactly?

  47. Cupe Doll

    it’s not unanimous… can’t do second reading today? that’s what it sounds like…

  48. york sux

    what will have to happen next

  49. dsd

    we done for today?

  50. IQ

    it’s not unanimous … 😦

  51. caitron

    sorry, what exactly is the next step?

  52. Cupe Doll

    house is adjourned until 10:30 tomorrow. 8 NDPs gave 3903 another day to oppress students.

  53. IQ

    @ dsd

    Yes, we are done. Another teo weeks at home if in the meantime CUPE does not do something … bah!

  54. scared

    does this mean no school tuesday?

  55. dsd

    How long exactly will this delay the BTWL? Or it can’t be passed at all if it’s not unanimous?

  56. kkkk

    just one nay is not enough for the motion to carry.

    so we continue to wait.

  57. IQ

    @ scared

    No, at least two more weeks.

  58. R

    65 yes – 8 no

    adjourned until 10.30AM tomorrow

    strike continues

  59. miz

    two weeks????

  60. ram

    ok guys
    the parliament is adjourned till tomorrow 10.30 am
    At the latest we cud b back on WED if this passes tomorrow.

  61. miz

    seriously, does anyone truly believe this will be passed??

  62. Mike Oxbig

    it’s supposed to be unanimous…and only 73/107 vote?

    but whatever…it’s a sunday…

    how long does this unanimous clause last?

  63. Confused....

    Wow there are so many different timelines being stated… as my name says I’m confused!!!

  64. scared

    2 WEEKS?
    WOW

  65. Mike Oxbig

    @ ram

    you mean the earliest?

  66. AnObserver

    It will be passed. The NDP don’t have the membership (even within their own ranks) to block it. You don’t need unanimous support to pass the bill after three readings. You only need unanimous support to pass it after the first/second.

  67. Confused....

    @ AnObserver

    Thank you, that information really helps! 🙂

  68. Integrity?

    York university is getting away with being an imperialist institution. York has refused to bargain and has dug in their heels for over 6 months. How can bargaining happen when the employer refuses to bargain? So much for caring about us students! If York had wanted to end the strike, York could have tried bargaining before, instead of waiting until people were in bad enough situations to believe their biased PR reports.
    Moreover, the news reporting has been extremely biased…how about some real journalism? I was just watching CP24 and I couldn’t believe the kind of the questions that the reporter was asking! When reporters and news casters start using an “us” and “them” dialogue then it is obvious that they have chosen sides. Instead of buying everything York is selling, why not do some actual research?
    I want to go back to school, but I want to see negotiations, not back to work legislation. I resent people speaking for me, by assuming that I support a move that sets such a dangerous precedent for labour relations. York should try taking their own advice and start putting students first for real.

  69. ram

    sorry . my mistake!!!! earliest wud b wed.
    thanx Mike oxbig

  70. Cupe Doll

    CP24: tory & shurman & coopman right beside them. put students first, get them back to class.. coopman calls btwl “back to learning legislation”… heh.

    for a minute there, alex levant’s face peeked over john tory’s shoulder. sigh.. no punches thrown.

    now lykke delasomething says it isn’t fair, it’s against everything democratic.

    howard hampton gets challenged about ontario being last in all canada in terms of its per capita support for post-secondary education. he repeats how true it is. says us 3903s do tenured faculty equivalent work and get paid peanuts. gets asked how long NDPs will hold out. says will insist on full debate. must point out how we 3903s do more than half York’s work and get paid below poverty line. university only bargained 11 days. refused to negotiate. gets asked if whole party agrees. says it’s wrong — suggesting of course all NDPs agree.

  71. Mike Oxbig

    @ AnObserver

    i see…so do they do one reading a day or what? and then royal assent or whatever to the lieutenant-general or whoever the heck it is?

    that means we’ll have school next monday

  72. BEYOND PISSED!

    it needed to be unanimous to pass today, but the vote was 65-8. so the house resumes tomorrow at 10:30 am. if the second reading still doesn’t pass, the third reading will be on tuesday and it should pass.

    so with 24 hours notice we should still go back by the end of this week right? but bilyk said mon feb 2nd…so maybe they’d prefer to restart on a monday.

  73. ram

    My question is
    the bill did not pass the first reading because NDPs oppose it.
    So if they continue to oppose it every time, when will the first reading and second reading be smooth and progress to the third?
    Looking at how things go now, i am sure NDP’ will definitely oppose it till the end. So how can the bill proceed to second reading without an unanimous support in the first reading?

  74. AndrewB

    They need to do three readings. Tomorrow they should be doing another one, and then Tuesday/Wednesday they will do another one. It needs to pass three times, so the NDP voting no is more of a face-value no, so they don’t get owned by the union people who vote them in. They are just saving face.

  75. Aaron

    Well, I’m surprised that even a few NDP members voted for it. At least the Libs and Conservatives supported it 100% as expected.

    Up to $2,000 per day in fines? Heh. Good luck fighting it, CUPE.

  76. Mike Oxbig

    @BEYOND PISSED

    seems about right…but even if it passes third reading…does it receive assent that same day?

  77. Student

    NDP can still send the bill to the committee after it is being approved. That should take some time. As the Liberal leader said, it can potentially go for a week or two at its longest. It just depends how far NDP is willing to go

    Sad to see the parliament forcing bunch of people to work. Really sad to see liberals are getting behind it. It will set an example for future strikes. Employers will refuse to bargain and government will force the employees back to work. As much as I want to get this stupid school year done and over, I cant believe we are coming down to this….

  78. Mike Oxbig

    just scroll down to page 25 or so…public bills

  79. B

    It’s at least 24 hours notice.

    Atkinson and Schulich got the okay to resume on Jan 22 and gave notice to students that they would resume on Jan. 26th.

    The quoted Feb. 2nd date is probably far more realistic then end of this week.

  80. jane

    How the hell did Hamid Ossman get picked to represent us?? I don’t remember picking him and I think he is the biggest moron in this situation…. he’s now on CP24 blaiming Mcguinty for this whole situation when students are thanking him for setting this process in motion….

    I think we should get this moron fired as he does not represent the majority of the students at all… I am embarrassed for him!

  81. B

    jane – sadly, he won because of student apathy with YFS elections. Only one other person ran against him.

  82. Insider2

    @ Aaron

    But do not forget we are talking about students who are not being paid anyway. So that fine might work for TTC workers who make 80k plus.

  83. AnObserver

    Herein lies the problem:

    Following 2ndreading Bill may(with unanimous consent) be ordered for 3rd reading. Otherwise the Bill mustbe referred to the Committee of the Whole House or a Standing, or Select, Committee

    The chance of the NDP allowing the 3rd reading unanimously is unlikely. Once the bill is referred to a committee of the house or a standing/select committee, the committee must meet to discuss it.

    However, as far as I know, at least five days notice must be given for the committee to read/prepare. Therefore, we could be looking at a little over a week.

  84. Commuter

    While I want to go back to school as much as anyone, here are a few problems I have with BTWL:

    a) Totally undermines collective bargaining and signals an employer that they can hold out as long as they want and they won’t have to give in. What a joke, a pointless joke, this has made the strike! There is no “deadlock”… the admin just doesn’t want to (or can’t) negotiate anymore.

    b) CUPE will probably stay on a work-to-rule, screwing the students again, since they didn’t get what they wanted.

    c) Since CUPE’s pissed off, and rightly so, they’ll just probably go on strike in another 3 years.

    Flippin’ fantastic.

    I wish they could have negotiated fairly and they could have reached a collective settlement without the admin lying in bed with the Premier! It was all planned… a forced vote they knew would fail, Shoukri’s re-emergence from obscurity to use the word “impasse”, appointing the judge (er… top mediator) to make sure BTWL would be legal, and then doing this.

    It’s all wrong, unfair, whatever. It sucks.

    The strike has been completely pointless. We just wasted months for nothing… only to have our future situation worse than it was before the strike.

    Howard Hampton has a point… these strikes could have been avoided had the government cared about post-secondary education in this province to begin with.

  85. ram

    @ insider2
    So if the bill is constantly opposed by the NDP’ in the legislature, can it even pass the first / second readings.
    Because if majority is just what needed for the royal assent, then why to even wait for some more days?
    Is it right to say that today the bill did not pass the first reading?
    What do you predict to be the outcome?

  86. ram

    please do not mind if i sound ignorant. i am coming from a different country and am not familiar with canadian politics / law.
    So, could somebody give me a brief description. I really thank anyone who could elucidate

  87. Mike Oxbig

    @ ram

    pretty much all a unanimous vote does is speed things up…

    without it…and in this case, all members of the party present oppose the bill, they have to go through all of the readings…

    since the liberals hold like 70% of the seats…the bill is going to get royal assent sooner or later…after the three readings…

    i guess unanimous consent means the bill bypasses all of the procedures…or if not bypass, goes through a quicker process…

  88. AnObserver

    Basically… the house can do whatever it wants with a unanimous vote. If the vote is unanimous, the people have spoken. They can bypass the readings, they can bypass the debates, they can bypass the committees. Everyone agrees, nothing to debate! Otherwise, they go through the tired old motions of debating, etc. Therefore, 1 week – 2 weeks is what we’re looking at.

  89. ram

    @ mike and anobserver
    thanks a lot

  90. CUPE GMM Insider

    This is the real deal. It has been circulated widely.

    You might also like to know that CUPE and the Administration were less than one million dollars apart when the mediator reported deadlock to the Premier, and that the deadlock is over conversions, not the length of the contract.

    That’s right. Neither side cares if the contract is two or three years. They only care about conversions. That’s all that YUFA cares about, too. That’s all that anyone cares about. This whole strike is over conversions.

    Just so y’all know.

  91. CUPE GMM Insider

    And whoever Cupe Doll is, from their postings it is pretty evident they know little if anything about the union.

  92. Aaron

    I sincerely doubt no one cares when the President made a public statement about the need to avoid a 2010 strike.

    Why would the York Administration be stupid enough to allow CUPE a two year deal when they know full well about a coordinated provincial strike position? Also, why would CUPE not care about the two year deal when they’ve been fervently organizing the 2010 event for so long? That makes no sense.

  93. UnderGrad Int'l

    @ Those more experienced in such matters among us

    Given this stike and the decline in enrollment in the Faculty of Arts department, will a degree from York University in that department even be esteemed by future Canadian employers?

    2. When they say that less courses will be offered this fall, just how many courses will they cut?

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