Profs' union at U of O files application to the Ministry of Labour: Seeks an order and award of damages

The University of Ottawa is arguably experiencing its most tense labour relations circumstances in its institutional history. The professors' union finds itself forced to sue the institution in order to recover the rule of law...

On July 29, 2013, the professors' union (APUO) had this to say to its members:

Dear APUO members,

Throughout these negotiations, the APUO believes that the employer has acted in many ways that contravene both the spirit and the letter the Ontario Labour Relations Act. Such actions have included stating false information; refusing to share data they are legally obligated to release; communicating in ways that constitute attempts to negotiate directly with the membership; and now, seeking to intimidate members in order to influence the strike mandate vote planned for July 31.

Since the beginning of this process, it has been clear to the APUO that the employer has been using its vast institutional resources to wage a battle against members and the APUO. Up to this point, the APUO has assumed that members would prefer that we focus on negotiations rather than use the legal system to respond to the employer’s unacceptable actions. We had also hoped that, even if the employer continued its dishonourable actions, it would have at least ceased the ones we believe to be unlawful.

As you all know by now, this has not been the case. With its communications on Thursday and Friday of last week, the APUO can no longer ignore the issue. Peter Simpson (one of CAUT’s most seasoned advisers with more than 20 years experience) said that the employer’s communication was “unprecedented” in his experience, and that “it is hard to read it as something other than an attempt to interfere in the union’s credibility and its communications with its members ahead of a strike vote”.

Therefore, this morning the APUO has responded in the only way possible under the Ontario labour law. We have filed an application to the Ministry of Labour requesting that it (a) investigate the employer’s violations of the Ontario Labour Relations Act; (b) force the employer to disclose information required by the APUO for bargaining and insist that the employer respect the law regarding its communications; and (c) award the APUO damages to compensate for the employer’s illegal activity. You can find more detailed information about this in the Bargaining Bulletin #9.

and continued HERE.