The Ontario Liberal government's attempt to get York University students back to class after a two-month strike has been stalled by NDP members.

Sixty-five Liberal and Conservative MPPs voted in favour of back-to-work legislation introduced early Sunday afternoon, but eight NDP members voted against, arguing that Queen's Park should not be ending the ongoing dispute.

Because the bill did not get the unanimous consent the government had asked for on Sunday, it will now require further debate before it can be passed into law.

The legislature is adjourned until 10:30 a.m. on Monday morning.

The bill, which was introduced as "An Act to resolve labour disputes between York University and Canadian Union of Public Employees, Local 3903," will now go to a second reading once the legislature resumes.

'Wrong message'

The NDP argued that passing the bill would send the wrong message to management -- that all they would need to do to win a labour dispute is stall until the government steps in, rather than negotiate with their workers.

The proposed legislation is an attempt by the government to get about 3,300 contract staff, teaching assistants and graduate students back to work at York after more than two months marred by stalled negotiations between the university and CUPE Local 3903.

The employees walked off the job on Nov. 6, leaving tens of thousands of York students without classes to attend.

The key issues between the two sides are job security, the length of contracts, benefits and funding for graduate students.

Catherine Divaris, co-organizer of the anti-strike web group YorkNotHostage.com, told CTV.ca she was not surprised at Sunday's outcome.

"We figured that the NDP would try to stall it," she told CTV.ca on Sunday afternoon.

"It's just ironic that the NDP talks about supporting students but they don't support a bill that will get us back into the classroom sooner," she added.

Her online group has 5,500 York student members who oppose the strike, Divaris said.

"It's been 80 days and as every day goes by, I lose out on my summer, my career...I'm frustrated," said Hamid Osman, head of York's student federation.

Prior to Sunday's vote, the various stakeholders in the York dispute made their opinions about the back-to-work legislation well-known.

Members of CUPE Local 3903 held a rally at noon on Sunday in hopes of convincing MPPs "that back-to-work legislation effectively lets all other university employers know that as long as they refuse to negotiate, the government will ensure that they need not listen to the concerns of their employees."

Stalled bargaining

On Sunday, NDP Leader Howard Hampton told CTV Newsnet that his party stalled the legislation because "the university has refused to negotiate.

"The workers put another offer on the table towards the end of the work week (and) the university simply said, 'we're not going to negotiate anymore.'"

Hampton added that the striking workers are responsible for more than half of all teaching duties at the university, yet they only receive seven per cent of the total budget.

"Many of the people who are doing the work of full-time professors are actually being paid wages below the poverty line," said Hampton.

He also stressed that Ontario is last in Canada in terms of per capita funding for post-secondary education and that forcing staff back to work would set a dangerous precedent.

"If the university really wants to have the students back in the classroom, they should go back to the bargaining table tonight and start bargaining."

On Saturday, Conservative Leader John Tory, who indicated he would support the bill when it was introduced, said that the premier "should be ashamed of himself for allowing this to go on for so long."

York president and vice-chancellor Mamdouh Shoukri said Saturday that the university preferred to reach a negotiated settlement with the union, but also wanted to see students get back to their studies.

Last Thursday, the union made a counter-offer to university administration, but it was rejected. Prior to that, the university called for a forced vote on its final offer. It, too, was shut down, by 63 per cent of voting members.

The ongoing strike is the third one at the school since 1997. It is also the longest in the school's history.

McGuinty said he would pass back-to-work legislation in a last-ditch attempt 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 a statement released on Saturday.

"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."

Although the bill will eventually pass, the NDP will decide whether it will be at its second or third reading, as they are demanding further debate on the issue. Once it is passed, classes will resume by the end of the week or early next week.

All outstanding issues between management and the CUPE members will go to mediation and binding arbitration.

With a report from CTV Toronto's Austin Delaney