RSS FeedCould Osgoode Law Students Sue Over Strike?
Most of our readers would be aware of the ongoing strike at York University led by CUPE 3903. York administrators have also indicated serious financial difficulties.
What people may not have realized is that the strike also affects law students at Osgoode Hall.
A second-year Osgoode student, Thomas Wisdom, shares the challenges some of his peers are facing,
First- and second-year students with summer jobs: A lot of people are ecstatic about the fact that they will be gainfully employed at law firms in the summer months… [but] they face the frustration of renegotiation start dates with their employers.
Daniel Simard, also in his second year, points out how graduating students are also impacted,
…third year students could potentially be detrimentally impacted if they have to complete their studies well into the month of May; the period perennially allotted for the fulfillment and preparation of licensing requirements mandated by the Law Society of Upper Canada, including Bar Admissions.
Parents and students have also expressed that the reputation of York University, and by extension, Osgoode Hall, may be affected.
But do all these concerns give a right to sue? The Globe & Mail mentioned yesterday that some of the families are considering a class-action lawsuit against both York University and the union.
See the rest of the post at Slaw; Simon Fodden points out that classes have resumed at Osgoode, but could a cause of action be made in the future, depending on the fallout from these students’ legal careers?
Classes Resume at Osgoode Hall
Today York University’s Executive Committee of Senate approved the Remediation Plan put forth by Dean Monahan which will permit Osgoode Hall to resume classes on December 1 for all LL.B courses not instructed by members of CUPE 3903.
In making its decision the Executive Committee took into consideration various factors including Law Society requirements for certification and the impact of a continued strike on the ability to access the licensing process in Ontario and elsewhere.
Additionally, Osgoode Hall oversees many clinical programs which provide services to low income communities and families which would also be detrimentally impacted if classes did not resume shortly.
All students who do not wish to participate in classes during the continuation of the strike will be fully accommodated and receive the protections set out in the Senate policy.
Yet Another Strike at York University (and Osgoode Hall)?
On November 6 at 12:01am, the York University community could experience its third strike (pun intended) in just over a decade. All three Unit Members represented by CUPE 3903, which include approximately 950 contract faculty, 1850 teaching assistants and 550 graduate members will be legally allowed to picket around the campus first thing Thursday morning.
The Union remains steadfast in its unrealistic demand of 30% wage increases and full tuition fee waiver (for a complete description of the terms see here). These outlandish demands couldn’t come at a more inopportune time.
The University’s Board of Governors just this past June called for a 2% budget cut in each year of the three year plan. Coupled with widespread effects of the global financial crisis, the financial situation of the university is less than prosperous.
So how does this impact Osgoode Hall Law School?
Unfortunately, like nearly every other program and faculty at York (with the exception of Schulich School of Business’s MBA program), Osgoode Hall will have to suspend classes.
Administration, faculty and student government are hurriedly brainstorming contingency plans in light of a protracted halt to law school classes. Although no line has been drawn, in the event of a lengthy strike, third year students could potentially be detrimentally impacted if they have to complete their studies well into the month of May; the period perennially allotted for the fulfillment and preparation of licensing requirements mandated by the Law Society of Upper Canada, including Bar Admissions.
Unlike the majority of my peers, I am in the unique position which allows me to be a member of CUPE 3903 as a teaching or graduate assistant. I enjoy full-time graduate status as a student of the joint LL.B and Masters of Environmental Studies program. And although I am currently unemployed, I have been a member of the Union.
Through my previous experience I have this to say
During my first full year as a graduate student, if you tally my entrance scholarship, GA position and external funding, I made well over $15,000 as a student of higher education (after paying for 3 semesters of tuition). I had great flexibility with my working hours and a health care plan that rivaled government employees. An additionally perk was that my position fostered networking and socializing with faculty and professors and looked purddy (sic) on my resume.
It had to be my most comfortable employment position and if you reduced it to an hourly wage my most financially friendly. I was more than grateful for the work, yet I accepted it for what it was, a source of internal funding.
Now for what really irks me
I am a supporter of unions (in most instances) and freedom of association, but in this instance 45,000 students are being used as a bargaining chip in the bad faith negotiation strategy of CUPE 3903. I make this claim with insider information coupled with the Union’s persistent refusal to enter into binding arbitration.
The support staff of York University is already the highest paid in the province yet they still feel it appropriate to use their Charter right of association to press for increased wages. Unions weren’t established to be used as a sword of these sorts; they were formulated to shield workers from managerial and corporate exploitation. Alternatively, they should not be allowed to ransack the careers of 45,000 students for their avaricious desires.
On a serendipitous conversation with a fellow graduate student and member of the Union, I asked: How come the other graduate students aren’t concerned about the interests of the majority of students? The response: they simply don’t care. Interesting that the very employees that are paid to teach have no consideration for their pupils and fellow peers.
They counter that they have broad support for student groups and organizations, yet I was never asked for my thoughts. Moreover, much of their student support is merely an instinctual and thoughtless show of student solidarity. When subjected to make up classes, the proposition of being held back a year, and inconvenience of rearranging substantial plans, many will likely cross the aisle after an intelligent and rational assessment of the Union’s demands.
Unlike the normal undergraduate student who anxiously entertains the idea of time off without any serious repercussions, law students are required to look beyond the school year and foresee the potential adverse effects to their legal careers as a result of the actions of this ‘militant union’.
