Obiter Dicta Issue 1 - August 31, 2015 | Page 3

NEWS Monday, August 31, 2015   3 An Unexpected Experience Summer Caseworkers at Parkdale Community Legal Services successfully unionize. jason huang › staff writer B eing a su mmer caseworker at Parkdale Community Legal Services (“PCLS”) has historically brought with it experiences and opportunities that are interesting, exciting, and challenging. Students are expected to carry at least twenty active files and taught necessary lawyering skills, while also dedicating time to community legal work and campaigns for systemic change. This summer, my experience at PCLS was not like what I expected. I expected intensive training in the area of Worker’s Rights. I expected to carry files in employment law, wrongful dismissal, and human rights. I expected to advocate for the rights of workers—whether they be my clients’ or worker’s rights in general. I did not expect to be a part of a movement to advocate for the rights of the PCLS summer caseworkers. On 5 August 2015, the summer caseworkers at PCLS unionized. We selected the Ontario Public Service Employees Union (“OPSEU”) as our sole bargaining agent, which made sense because the staff members at the clinic are also represented by OPSEU. It is this unexpected experience that provided an unparalleled summer for me. Fairly early into the summer term, a group of caseworkers met with an OPSEU organizer to discuss the possibility, risks, and benefits of unionizing. After several of these meetings, the group began getting cards signed for the certification drive. In early June, twelve of us met at a local restaurant to discuss people’s perspectives on the drive. Issues were raised, worries were expressed, and dissenting opinions were made clear but, ultimately, the entire table agreed to move forward with filing an application. It was not until 6 July that we actually filed with sixteen out of twenty cards signed—double the legal requirement of 40 per cent. During the month and in-between, a lot of work had to be done. Some were tasked with collecting remaining cards that were unsigned. I, along with various others, were involved with meeting with our organizer to fill out the application, determine when and where the vote would be held, and strategizing about when was the best day to file the application. Furthermore, we had anticipated very early on that management would challenge our status as employees so we discussed the circumstances surrounding our employment to formulate arguments countering this position. As it happens, after we filed the application management filed a legal response on 8 July positing that we are not employees and do not have a sufficient connection to the workplace to form a ba ɝ