Ontario open-union contractors intend to launch a lobby campaign and work with other organizations against proposed changes to the Ontario Labour Relations Act.
Open shop contractors
BY DAN O’REILLY
DCN CORRESPONDENT
Ontario open-union contractors intend to launch a lobby campaign and work with other organizations against proposed changes to the Ontario Labour Relations Act.
The Open Shop Contractors Association (OSCA) is critical of both the proposed amendments and what it describes as a lack of consultation on Bill 144, which was introduced into the legislature earlier this month by the Ministry of Labour.
The lack of consultation undermines the “very good” consultative dialogue Labour Minister Chris Bentley has conducted on other construction issues, such as health and safety, says association vice-president Arthur Potts.
Among other provisions, the ministry says Bill 144 will “Restore to the Ontario Labour Relations Board (OLRB) the power to remedy the worst labour relations conduct by either side during an organizing drive. For example, the OLRB would be able—as a last resort—to grant union certification when an employer violates labour laws, or dismiss a certification application when a union violates the law.”
It would re-establish a card-based certification system for the construction sector in addition to the existing vote system. Currently, a vote must always be held before a union can be certified. The cardbased system would permit automatic union certification if more than 55 per cent of employees sign cards to join a union.
Labour Minister Bentley says the amendments are required to restore fairness and balance in the workplace. “Since 1990, Ontario’s labour laws have swung unfairly in favour of one side or the other.”
But the OSCA, which represents about 150 contractors, says it is “deeply concerned” the ministry didn’t bring forward its proposals to industry representatives before introducing them into the legislature.
“It is extremely unfortunate that input on this legislation has to be made during the legislative process, and possibly committee hearings, when dialogue before the fact would have been far more productive,” says association executive director Mark Basegglo.
Last spring the labour minister promised to establish a construction regulations review committee where issues such as the proposed legislation would have been vetted, he points out.
Basegglo also expresses skepticism for the changes, which would allow the Labour Relations Board to dismiss a certification application when a union violates the law.
“Although this may appear to be a balanced approach, it is widely believed that the make-up of the Labour Relations Board, its past precedents and the direction to encourage collective bargaining found in the preamble to the act will result in these powers never being used.”
That particular issue could have been clarified in joint labour/management consultations had those consultations been held, says Basegglo.
“The proposed provisions will allow the Ontario Labour Relations Board to certify a union when it deems the employer has breached the act during an organization campaign,” adds Council of Ontario Construction Associations (COCA) president David Frame.
“We know from the past that this virtually eliminates the employer’s ability to communicate with his or her workers.”
COCA will communicate its displeasure with “the loss of democratic rights” and will join with other employer groups to demand an open discussion of the issue, adds Frame.
But the business manager for the Provincial Building & Construction Trades Council of Ontario defends the proposed amendments, especially the card-based certification system.
“It’s about workers’ choices, not employers’ choices. They (employers) want the right to threaten employees,” says Patrick Dillion.
“I think it’s beneficial to restore balance to the labour-management relations that existed before the Mike Harris Tories were elected.”
There was no consultation with union and labour groups when the former Progressive Conservative government tipped labour laws in favour of employers, said Dillion.
When asked for a comment on the association criticisms, Ministry of Labour spokeperson Belinda Sutton acknowledged the ministry didn’t conduct a formal public consultation prior to proposing the amendments in Bill 144.
“The minister (Bentley) has met with individuals, organizations and representatives of a number of employer and unions, stakeholders, however,” said Sutton.
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