Police, protesters clash at CUPE rally

Protesters clashed with police Tuesday morning at a rally outside Queen's Park protesting the Province's back-to-work legislation.

At least four protesters were taken into police custody including one female who has been charged with assaulting an officer.

The CUPE protesters are now making their to 52 division where the detained protesters are being held.

This morning's protest follows last night's event where a peaceful protest was held outside Premier Dalton McGuinty's home in Toronto.

The union representing striking staff at York University said it is not ruling out a legal challenge to back-to-work legislation as it called on the premier to push the university back to the bargaining table.

Sid Ryan, Ontario president of the Canadian Union of Public Employees, said the union has instructed its lawyers to "take any and all legal action" to protect the collective bargaining process if the legislation passes.

Ryan said there is a "strong possibility" of success with a legal challenge but said Premier Dalton McGuinty should use the "space" created by the NDP's refusal to fast track the bill to encourage the university to negotiate.

"We're convinced we can actually get an agreement prior to legislation being introduced, prior to CUPE having to go to the courts for a legal challenge," Ryan said adding a legal fight would likely further delay students returning to class.

Earlier this month, members of CUPE local 3903, voted 63 per cent against accepting a settlement offer from York.

The university said the deal, which includes a wage and benefits increase of 10.7 per cent, represented a reasonable offer. But CUPE dismissed it, highlighting what they see as inadequate job security for contract faculty, who must reapply for positions at the start of each academic year.

During Question period Tuesday, McGuinty said talks have failed between the two sides and the government now has a responsibility to get students back to class.

He said he is more than prepared to encourage York to continue negotiating but the province is moving ahead with back to work legislation.

On Sunday, the government tabled back-to-work legislation in the hopes students could be back in class by Monday.

But NDP opposition to the bill has stalled that process and the legislation is not expected to pass now before Thursday.