Jan 28, 2009 12:01 PM
THE CANADIAN PRESS
The union representing striking workers at York University says it’s preparing a legal challenge of provincial legislation that would force teachers back to work.
CUPE Ontario president Sid Ryan says the government-backed bill, which is expected to pass Thursday, won’t make the issues at the heart of the strike go away.
He says union lawyers are prepping their case, which can only be launched after the bill is passed.
Premier Dalton McGuinty wouldn’t say whether the government has a plan to deal with the potential roadblock.
The union renewed their call for McGuinty to force the university to resume negotiations, but the premier says it’s clear the bargaining process has failed.
Some 50,000 students saw classes cancelled on Nov. 6 when 3,400 teaching assistants, contract faculty and graduate assistants walked off the job.
I am not a lawyer so I could be wrong, but this looks like the Union is trying to prolong and maintain the strike but challenging the bill. Do Bills become law the minute they are approved by the Legislatures and their associated assemblies? If the Union challenges the Bill, is it in effect until and if a judge rules against the Bill? In simpler terms, would CUPE workers have to return to work until the Bill gets shot down, or is the Bill legally binding even if it is being challenged and thus they would be breaching the Law by refusing to work?
Perhaps there are some lawyers or law students out there that could shed some light on this.