STU students seek compensation

By Ryan Ross

The St. Thomas University student union is still considering a class action lawsuit even though the faculty strike is over, says a student union executive.
Duncan Gallant, the student union’s vice-president of education, is part of the group that will represent students in talks with the university.
Gallant said the student union’s lawyer advised them they are in a position to sue all parties involved, including the university and the faculty association, in order to get compensation.
“We do have that option available still.”
The faculty association’s contract expired June 30, 2007 and a lockout went into effect Dec. 27.
Students didn’t return to class after their Christmas break but both sides have since agreed to binding arbitration and classes resumed Feb. 5.
Students will only lose six days of the semester and the university shortened the exam schedule to make up for time lost to the strike.
The union is working on getting compensation by gathering data from students and the administration on the amount of money lost during the strike, Gallant said.
He said they can’t ask for rent money but will look to recover other expenses, such as changes to plane tickets, and want compensation for the stress caused by the strike.
Any compensation agreement would cover all of the students, but some would receive more on a case-by-case basis, he said.
Gallant said the money would come from salaries not paid to professors during the strike.
“Our meetings will set out a specific number for compensation.”
Lawyer Jason Crelinsten said a class action lawsuit with a lot of claimants has the benefit of being a much bigger deal.
“You want to threaten them with the largest suit possible as a bargaining position.”
And class action suits will often name as many defendants as possible, he said.
“It’s a pretty typical litigation tactic.”
But Crelinsten said many organizations have clauses in their contracts that say they aren’t liable in case of a force majeure, which are circumstances beyond their control, such as war or an act of God.
Although he wasn’t familiar with the specifics of STU’s agreement with students, Crelinsten said the strike might fall under force majeure.
“That’s probably how they would defend themselves.”
Gallant said he is glad the strike is over but it would have been nice if it had ended a few weeks ago.
“Better late than never.”