I have been rather ambivalent about the ongoing struggle between CUPE 3903 and the York Administration. When I say ambivalent I mean that it has been an ongoing argument between both sides, and while I am principally behind the Union, I am also on the side of the student, an identity perhaps I haven’t been giving enough credence to. This is not to say the student cannot also be a member of the Union in terms of understanding and empathizing with their goals, but simply that as a body of students, I recognize the precarious position, financially or otherwise, that is now been their fate for the last three months. Many people have been hurt by this, and one of the problems that CUPE has been having in their relationship to the students is earning their trust and shouldering the full responsibility of their actions. The ideal situation would have been that this negotiation (or lack thereof) could have happened without putting the students at any disadvantage, that somehow Union activity could be kept separate from those who partake of their ‘goods’, the commodity which they are selling – in this case education. I know that on some level it is naïve of me expect this, since in any battle there are those who lose, regardless of whether or not they belong to the winning side. But the Union is in the right. The battle they are fighting for is the battle we are all fighting for – a more equitable position in society, something more just, something more virtuous. We are all workers (I sound like an old communist tract!) and we are given but a portion of our dues.
But now, with this new development of the Province of Ontario stepping in and McGuinty legislating a “Back-to-work” mandate, I have been put off immensely. Somehow I do not think the Province should have this power. What is between the Unions and the Employers is none of their business, and they should have no right to stick their nose into the beehive. Because if they do they inevitably put their weight behind the Employer, and whether intended or not, nullify the whole point of having a Union in the first place. What is the use of legal strike action if there is no risk involved? That is why the power relationship exists in the first place – risk. The Administration depends on the workers to provide its income, and when it forgets (as it is apt to do) that what it depends on are real live human beings, and begins to inch on their share of this symbiotic and – yes! – equal relationship by cutting into their due portions, the Union should be able to remind them by taking away their work. Negotiating through Collective Bargaining equalizes the differences and, in the best of situations, brings about a healthy resolve to both parties, if only by painfully reminding the Administration that they wouldn’t exist without those whom they employ. But the Province should have no stake in this. So why do they legally do?
Professor David J. Doorey of the University’s law department has a very interesting post about the matter. There is, according to him and a number of other devoted purveyors of law, a very real possibility that CUPE can take on the Provincial Government and actually take them to task on their supposed ‘rights’ against strike action and collective bargaining. He traces the right of the Province to implement Back-To-Work Legislation to section 2(d) of the Charter, which guarantees “Freedom of Association”, which basically enables the Unions to function. After the Health Services fiasco and the Dunmore incident (which was a case “involving the exclusion of agricultural workers from protective labor legislation”), the Supreme Court has been expanding the rights bestowed by Section 2(d). Also, and this is the most important factor, Canada has ratified the conventions proposed by the International Labor Organization, specifically Convention 87, which has been read by the ILO’s experts to include an extensive right to strike. And the Supreme Court has said that the “Freedom of Association” stated in section 2(d) includes at least as much power and inclusion as C87 of the international charter. So what does this mean? It means that the Province is playing a very tricky game of hardball, trying to see how far they can push their moneybags around before somebody calls their bluff. While international embarrassment by the ILO might not sound like a particularly grim prospect for Canada, there is the very real possibility that a firm ruling by the Supreme Court on clarifying these issues between Section 2(d) and C87 will have a lasting impact on the labor sector, and bring that more ‘equitable society’ ever closer to realization. Yay!
BTW, you can write to your MP and tell them how disgusted you are by this situation. How disgusted, frustrated, repulsed and betrayed you are by it, and how your faith in Justice, Virtue and the Morality of the State has been unspeakably shattered by this heinous development, and how you will hitherto walk the earth as ghost, your frail body wracked and dying from being conscientiently vicitmized in such an atrocious, unethical way.