TORONTO - Back-to-work legislation that was supposed to end a lengthy strike by York University employees instead left students in the lurch Sunday after a lack of political support left it unclear when classes would resume at Canada's third-largest university.
  
Ontario's legislators gathered for a rare Sunday session to send employees back to work after the province's top labour mediator reported no hope for a deal between the university and the union representing about 3,300 contract faculty and other staff.

The government's hopes for speedy passage and the resumption of classes Monday were dashed, however, when the New Democrats voted against the bill, prolonging the agony for at least a few more days for some 50,000 students.

NDP Leader Howard Hampton denied being the bad guy or playing petty politics by refusing to go along with the legislation.

The public should be fully aware that the striking workers do about 54 per cent of the teaching at York and only receive a fraction of the school's salary budget, Hampton said.

"There are real and important issues to raise," Hampton said as he defended the party's stalling of the legislation.

"We believe in full and principled debate, we're not going to be a part of what we think has been a manipulative process."

The government believes it's unlikely that students will return to school this week unless the New Democrats have a change of heart, and figure Thursday is the earliest the legislation could be officially passed.

Even if that happens, York officials say they need to give students 24 hours' notice before resuming classes, which means the school likely won't reopen before Feb. 2.

The opposition Progressive Conservatives supported the bill, but leader John Tory said he couldn't criticize Hampton's political move.

"I respect fully the right and the opportunity he wants to take to state his views and put his objections to this on the record," Tory said.

"I only hope having now delayed it one day, he decides (Monday) will be enough, he can say his peace ... and they would then agree to pass this bill so this school can be open again on (Wednesday)."

Hundreds of protesters rallied outside the legislature before the legislation was introduced, the din of their demonstration echoing inside as the votes were being counted.

Striking teaching assistant Sean Starrs said he was happy to be returning to class but frustrated that the government is determined to end the impasse.

"I think it's a dangerous precedent to the entire labour movement," Starrs said of the looming back-to-work legislation.

"It shows all an employer has to do during a strike is sit (back) and not bargain at all until the government passes back-to-work legislation."

But deputy premier George Smitherman said the government gave both sides more than enough time to come to an agreement and it was clear intervention was needed.

"This has had 80 days of due process and collective bargaining, it has not resulted in a conclusion that's right for the students, we (acted) today on behalf of the students," he said.

The government bill calls for the two sides to appoint a mediator within five days of the legislation passing, or the government will select one.

The bill instructs the mediator to consider the current economic environment in Toronto and the province, what kind of cuts York could have to make, and salaries at other institutions before making a binding decision.

Workers who continue to strike or employers who bar staff from work after the legislation is passed could face fines of up to $2,000 a day.

Also Sunday, a Toronto law firm said it has filed a class-action lawsuit in the Ontario Superior Court of Justice on behalf of York students, claiming they're entitled to a refund of their tuition and other fees.

In a release, Juroviesky and Ricci LLP says the suit, which has yet to name a lead plaintiff, alleges "class-wide violations of various statutory and common law duties to the students of York University."