Friday, December 14, 2012

Bill 115, Work-to-rule, 1 Day bstrikes and Student potests


Thu, Dec 13, 2012 at 3:57 PM
To: torstar <lettertoed@thestar.ca>,
>
Dear Ed.,

1)  If the Ontario Teachers' Union Leaders are encouraging and enforcing these work-to-rule antics and rotating 1-day strikes in the defiance of Bill 115's intentions and provisions, and if,  this Union-led action, based on the Union Leaders' past tactics, was really quite predictable, why did not the Legislature pass Bill 115 using the Notwithstanding Clause and thereby avoid the predictable Union re-action (?apprehend the insurrection?) with its accompanying dislocation of both students and the public?

Conversely, if the passed law is not correct, not fair or illegal, why are the individual education "workers" defying the law (certainly disavowing any pledge to a 'higher calling' that they once-professed) instead of mounting a legal challenge while continuing to offer their services, in full, to the resident, taxpaying voters of the Province?

2) If push does come to shove in the Courts, I anticipate with relish a review of the new "workers rights" and ground-breaking interpretations regarding good faith bargaining that were read-into our country's law books with "Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia", 2007 SCC 27, in light of the highly critical view of the precedent-overturning and affirmative-lawmaking within that decision, as outlined by Rothstein J. in "Ontario (Attorney General) v. Fraser",  2011 SCC 20.

3) Point to ponder, if the branches of a "living tree" are encouraged to grow without limit, while the tree's roots are neglected, what happens to that tree? 

4) Remember there was a time of scientific acceptance of the Ptolemaic model of the solar system with its epic-cycles, eccentric deferents and equant points- a colossally complex man-made expression of "truth" ... based on foundational assumptions that were false. If the Judges were wrong in Health Services and the workers do NOT possess the "rights" they think are being abused ... how will they pay us all back for their mistaken understanding?



rce
 

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