The prompt return of York University students to the classroom might be delayed as the NDP says it isn't prepared to support back-to-work legislation.

"We think that the university should go back to the bargaining table," NDP Leader Howard Hampton told reporters at Queen's Park on Saturday.

Ontario's Premier Dalton McGuinty said earlier he will reconvene the provincial legislature this weekend to force an end to the labour dispute at York University.

"I'm now absolutely convinced the two sides are in deadlock, that there is no reasonable prospect of resolution through the traditional bargaining process so times up, now it falls to us as legislators to act," he said Saturday at a Queen's Park news conference.

The legislature will be recalled at 1 p.m. Sunday to introduce back-to-work legislation. The premier called upon the opposition parties to give unanimous support to the bill.

If they do not, it could take two more weeks to pass the legislation, he said -- although some say it could be passed by Wednesday or Thursday.

The Progressive Conservative party has been calling for back-to-work legislation. Leader John Tory said his party will likely support the government. However, "(McGuinty) should be ashamed of himself for allowing this go to on so long," he said.

Hampton said the university's position seems to be "'We won't bargain, and then we'll allow the McGuinty government to settle this. And that's wrong.'"

Tyler Shipley, a spokesperson for striking CUPE Local 3903, told reporters: "When we are talking about legislating public-sector workers back to work who are not essential services, we are essentially saying that if you choose to go on strike in this province and your employer doesn't work with you at the bargaining table, they can just wait you out."

York president and vice-chancellor Mamdouh Shoukri said in a news release: "Like the Premier, we would have preferred to reach a negotiated settlement at the table. However -- and most importantly -- this initiative by the Premier will help our 50,000 students get back to class as soon as possible."

York is Canada's third-largest university. This is its third strike since 1997.

When the dust settles, McGuinty said the school must examine how this mess developed, calling it a stain on the school.

Student take a beating

Olivia Molenda, a fourth-year York student, pronounced herself frustrated with the NDP's stance.

"A lot of people are out of money now, paying for rent and those things. On top of it all, people are just depressed," she said.

Shipley said the union is sympathetic with the students' plight, but noted the university only spent 11 days in bargaining with the union over the 78 days of the strike.

McGuinty noted that York's term may have to be significantly extended to allow students to complete a full year. This could bring financial hardships for some students.

"If that does (prove) to be the case and students have to stay on longer, then we're going to ensure that OSAP support is extended as well and made available to them," he said.

McGuinty released a statement earlier on Saturday saying he must act now before it is too late to salvage the remaining school year.

"The strike is also at the point where the academic year is in jeopardy for York students," McGuinty said in the statement.

"In challenging economic times, when we need all our people at their best, we simply cannot afford to delay the education of 45,000 of our best and brightest young people."

Asked why the province waited so long, McGuinty said: "There's a collective bargaining process that's important that we respect. In 90, 95 cases out of 100, it works. From time to time, it fails us. This one failed us."

There's no "magic" in determining when a government must step in to act, he said, adding, "It's highly unusual for university strikes to go on for this length of time."

The strike began Nov. 6, when about 3,300 contract staff, teaching assistants and graduate assistants, all members of CUPE Local 3903, walked off the job.

The key issues between the two sides are:

  • Job security for professors on short-term contracts
  • Contract length
  • Indexing of benefits
  • Better funding for grad students

The union made a counter-offer on Thursday, which the administration rejected.

Earlier this week, the university called for a forced vote on its last offer. The membership rejected it, with 63 per cent of those voting saying no.

On Thursday, top provincial mediator Reg Pearson got involved, but before that, the university's senate voted to allow some students in graduate programs to return to classes on Monday.

With a report from CTV's Austin Delaney and files from The Canadian Press