October 4, 2011 - Latest Issue - McGill University

RADLAWSTRIKE UPDATELEGAL ISSUES ARE HEATING UPThis week we want to update you on a couple of key changes tothe strike situation. Like we did in last week’s Quid, we want togive you a different perspective on the strike than the McGill administrationis providing.Scabs on campus:First off, an inspector from the Labour Commission recently visitedMcGill to investigate allegations that the university was violatingss. 109.1, 109.2 and 109.3 of the Quebec Labour Code.The statute provides that only managers are legally allowed todo the paid work of employees that are on strike.Having visited both the downtown and MacDonald campusesand speaking with 100 McGill employees, the inspector foundMcGill had contravened s. 109.1 of the Code by using 15 replacementworkers (commonly known as ‘scabs’) to fill in the gapsthat had been left by the striking MUNACA staff. Whoops! Thisincluded a person who had been hired at the end of August whowas found working full-time as a secretary, i.e. clearly not a manager.The plain language of the statute prohibits this course of action.The McGill community should see this report as a red flag pointingto the real risk of a broader use of scab labour during this dispute.As students who respectfully submit to the rule of law, weexpect better from our administration. Whether we like it or not,anti-scab legislation forms part of the law of Quebec. The partieswere at the Labour Board yesterday, October 3rd, for a hearingto determine the impact of the report.Does McGill respect the spirit of s.2 (b) of the Charter?On Friday September 23, McGill successfully obtained an injunctionto restrict picketing, the effect of which is to limit the freedomof assembly and speech of MUNACA staff. To comply withthe university’s injunction, MUNACA members have been picketingin smaller groups and have been making less noise. Picketersare also obliged to stay 4 metres away from entrances to allMcGill buildings - the places where some of them have workedfor over 39 years. However, the injunction was only valid untilyesterday, so you’ll likely have seen another update from McGillby the time this article reaches you!What can I do?Showing your support is truly important for those on strike. Youcan join a picket line, where a button, write a letter, or bakesome treats to distribute. Smiles and high fives are also welcome!Law students join the picket line together weekly – emailradlaw.mcgill@gmail.com if you’d like to come.8 • 4 OCTOBRE 2011 • QN