As The Strike Continues, So Does York’s Unhappy Holiday (Part 2)

Now that we’ve established that neither side have conducted themselves well in this strike, it is time to establish what needs to be done to solve this mess. This is a three-pronged strategy, starting with binding arbitration, continuing with both sides hiring more reasonable management teams and the establishment of the teaching sector as an essential service.

Since it’s obvious that a negotiated settlement is too distant at this stage, the only hope for a quick settlement is binding arbitration. Before I begin this point, let me take a minute to explain how it really works, because CUPE’s missives are simply wrong. CUPE argues that any “binding” settlement takes the average of all the other settlements in their sector to come up with a figure for their agreement. This would mean, for example, that since their wages are the highest in Ontario their wages would be reduced because it’s not at the average. It’s great propaganda, but that’s not how it works- there’s no reason to apply an average with figures not even close to an average as it currently stands. What does happen is the arbitrator examines both arguments, sees the figures and assesses which one is more reasonable. The arbitrator may look at other agreements for precedent so that if the current agreement does not have figures that could be considered “fair” for workers in the sector, the future agreement can be brought in line with fairer numbers. There’s nothing in the current agreement- especially with regards to wages, the highest in Ontario- that could be considered “unfair” for the workers, so it’s likely the binding agreement won’t significantly shortchange either side. Besides, the strike ended in 2001 with binding arbitration, so there is historical precedent for that move.

However, before binding arbitration is formally proposed, both sides should be forced back to the table and hold meaningful negotiations. The provincial mediator appointed to the talks, Greg Long, was wrong to suspend the talks. He was correct in his assessment that talks were going nowhere because neither side was doing enough to have meaningful discussions, but suspending the talks does nothing to solve the problem. It’s his job as a mediator to find the common ground and get the talks moving. Besides, forcing the two sides to talk might just spur productive conversations anyway. The province needs to formally push both sides back to the table and let them hack away at an agreement for a few days and if no progress is made, order binding arbitration through back-to-work legislation. It’s likely that’s how the strike will be resolved anyway since talks haven’t been meaningful, but negotiations should be given a fairer shot than they have been first.

Once the strike is resolved, it is time for York and CUPE to clean house at the management level. When the TA’s at Queen’s rejected a move to be unionized, they specifically cited the problems at York. At York, the Queen’s TA’s mentioned, relations are venomous, producing a culture of antagonism on both sides. This is nothing but perfect fermenting ground for strikes, and there’s no other source for relations like that but at the top.

It’s hard to argue with the Queen’s TA’s over their assessment. In the past eleven years, York has experienced three strikes (the 2000 and 2008 CUPE strikes and a 1997 strike by its professors’ union), indicating an administration that clearly doesn’t know how to deal with its own employees. That alone would be reason enough to hire new management at York, but that’s just icing on the filthy cake of York’s many indiscretions. The history of strikes and near-strikes on the CUPE side also shows a history of mismanagement of relations between the union and York, with other missteps- such as disrupting the exams of Schulich and Osgoode (separate Faculties at York unaffected by the strike) and the occupation of Shoukri’s office (instead of going back to the negotiating table to talk)- further hinders the lot of CUPE management. Both sides have had enough time to establish positive relations yet consistently it moves in the opposite direction, so it’s time for both sides to install power figures who can be more cordial and reasonable with each other.

Lastly, it’s time to ensure that disruptions of this caliber do not happen again and you do that by preventing strike action entirely. I do wish to stress that I am not arguing that unions (or even striking) be made illegal, because the right to unionize and to strike offers protection to employees against overzealous employers that is still vital to this day. Most unions are noble, being mindful of their situations and only strike if the situation truly calls for it, and it would be unfair to punish those unions because of the actions of an overzealous few (like CUPE); and even there most unions do not work in the public sector so there’s no point for the government to regulate employee-employer relations.

However, when those unions do work in the public sector and provide a vital service- such as CUPE- a strike unfairly hampers the lives of people who depend on the strikers’ service and those unions should not be allowed to strike by having their work declared an “essential service”. Put in other terms: if workers at the GM plant in Oshawa go on strike, then the public does not get the chance to purchase a GM car, a product they can live without. If CUPE strikes, then students are denied an education, a service they vitally need to be productive workers in Canada and thus is a service that cannot inherently be denied. It’s a tag that shouldn’t just be applied to CUPE but the other teaching sectors (including the professors and elementary and secondary school teachers) across Ontario as well (I’d also love transit across the province to get this designation but that’s an argument for another day). The essential service designation wouldn’t mean a total halt to disruptions, since all the work TA’s and contract faculty would be required to perform is to hold classes; and work not related to that (such as office hours and perhaps even marking by TA’s) would not be required. It still wouldn’t be a perfect scenario for students but at least they will be able to obtain the service they require- their education- without having to worry about the relations between employer and employee. The students are the most important part of any school and it is unfair to drag them into a situation they are unable to have any say in.

That’s my plan for solving this mess. It’s unlikely that’s how it will play out, since the Ontario government rarely gets involved in situations like this (unless it’s the Toronto Transit Commission) and the way both CUPE and York handle themselves it’s unlikely they’ll drastically alter their relations with each other. Binding arbitration is still likely; albeit probably late in January meaning the undergrads’ year is effectively lost. However, if York and CUPE want real changes and real solutions to their problems they will drastically alter the way they conduct their business. Otherwise, this is just going to be another struggle in already titanic war, a war students are unwittingly and unfairly a part of. If both sides truly care about the students (like they say they are) they will end the war- otherwise their mollifying words are just going to ring hollow and that’s not how any school should ever operate.

-DG