Obiter Dicta Issue 13 - March 23, 2015 | Page 3

NEWS Monday, March 23, 2015   3 Open Letter: 135 Osgoode students urge Dean Sossin to respect the CUPE 3903 strike and not resume classes until a deal is reached 10 march 2015 editorial note: This open letter was originally published on the Obiter Dicta website on 11 March, prior to the resumption of classes on 16 March. It is reprinted here at the request of a student. Dear Dean Sossin, We are writing to express our support for members of CUPE 3903 currently on strike at York University. As students and future practitioners of law, we view this strike as the exercise of a constitutionally-protected right, one which deserves recognition and ongoing affirmation from Osgoode Hall Law School. As others have already made clear, there is no doubt that the strike has caused distress among Osgoode students. We join them in apprehension about the uncertainty of the near future—about finishing coursework by April, writing the bar exam on schedule, and transitioning smoothly to various forms of employment. We too have commitments and responsibilities outside of school that are being affected, along with plans that may be cancelled and opportunities that are in jeopardy. As such, we too hope for a swift resolution to the dispute and the resumption of our normal, everyday lives. But all of these anxieties are more than just understandable— they are to be expected in the context of a strike. Aside from whatever else it may be, a strike by its nature is inconvenient. It disrupts the normal functioning of all operations touched by striking workers. Devalued and stymied at the bargaining table, workers strike to demonstrate and draw power from the integral contributions they make to the institutions or enterprises dependent on their labour. The reason this tactic persists is the same reason it receives protection from law: the very possibility of work stoppage is what animates good faith bargaining in an adversarial employment relationship characterized by inequality. Protecting strikes through law is thus a mechanism to prevent them. Accordingly, when a strike does occur, it becomes the duty of all those who take law’s purpose seriously to translate legal protection into meaningful protection by refusing to cross picket lines. Otherwise, the constitutional right to strike is reduced to a chimera, a mere paper right enforced in every which way except the way that matters. Because it is contrary to Osgoode Hall’s ethos as a law school to partake in such derogation, we call on Osgoode to respect the integrity of CUPE 3903’s picket lines by maintaining the suspension of all academic activities until the strike is over. In addition, we seek to join you, the Dean, in urging the York administration to negotiate with the union in order to achieve a fair and reasonable collective agreement at the bargaining table. Osgoode students want classes to resume swiftly as well as justly. A commitment to respect picket lines achieves both these aims: it protects the right to strike and thereby impels resolution of the dispute through good faith collective bargaining. We expect our law school to strike and m