Bills 62, 63,
and 64
Updated May 8, 2013
On May 1st three Private
Members’ Bills were carried through first reading in the Ontario Legislature.
If passed, they would fundamentally change the labour relations system and
weaken the union movement in Ontario.
All three are sponsored by Progressive Conservative MPP Randy Hillier (Lanark-Frontenac-Lennox
and Addington) who has been outspoken about his anti-union views since he was
elected.
Bill 64, Defending Employees’ Rights Act
(Collective Bargaining and Financial Disclosure by Trade Unions)
This bill is packed full of measures. It
would limit unions’ ability to spend on political action; repeal the Rand Formula;
dismantle exclusive bargaining rights and majority unionism; and require unions
to provide onerous financial reports.
First, it would redefine what “regular
union dues” means to exclude expenditures that do not relate directly to
collective bargaining or the payment of employees’ benefits “unless the
employee has specifically authorized the trade union in writing” that their
dues can be spent for other purposes. This is a direct attempt to limit unions’
ability to spend on political action and contribute to political parties. This
arrangement attempts to mirror similar proposals in the United States, sometimes known as
“paycheque deception” laws by its opponents or “paycheque protection” by its
proponents that limit the ability for unions to use dues for political
purposes.
Second, it would
repeal exclusive bargaining rights (Section 45(1)) as they are currently
defined. Instead, the union would be recognized as the bargaining agent for
only those workers in the bargaining unit that choose to be union members.
Third, it would repeal the Rand Formula (Section 47 and 52). It would be
replaced with an arrangement that would grant a dues check off-clause in the
collective agreement if it is requested by the bargaining unit, but the clause
would only apply to those who choose to be union members. Together these two
measures would dismantle the system of majority unionism that has been the
foundation of labour relations in North America
since the 1930s. This would create division in workplaces and foster more instability
in labour relations.
Fourth, it would repeal the ability for
membership to be made a condition of employment in a collective agreement. It
would also make void any provisions in existing collective agreements that:
make membership a condition of employment; grant a preference of employment to
members of the trade union; or require any union member to pay dues of any
amount greater than the amount spent on collective bargaining, servicing the
collective agreement or member benefits. This would outlaw closed shop and
union shop arrangements. It also attempts to prevent unions from being able to
spend dues on political purposes.
Finally, it also includes provisions that
are similar to Bill C-377 at the federal level, which is currently at second reading
in the Senate. It places onerous financial requirements on unions by requiring
them to provide annual statements to the Minister of Labour setting out the
total of all dues payable to the union and the total of all expenses. It also
requires a detailed breakdown of all expenses greater than $5,000. These
statements would be published on the Ministry’s website.
Bill 63, Labour Relations Amendment Act
(Ontario Labour Relations Board)
This bill would increase the power of the
Lieutenant Governor and reduce the power of the Chair to regulate the practice
and procedure of the Ontario Labour Relations Board by:
-
Removing the ability for the
Chair to make rules that govern the Board, expedite hearings, and limit
opportunities for submissions; and
-
Granting the Lieutenant
Governor power to govern the practices and procedures of the Board.
The OLRB is currently an arm’s length
institution from the government, but this Bill would make it less independent.
It would also remove the stated purposes of
the Act.[1]
It would also make the Board’s orders
subject to appeal to the Divisional Court by
any party affected by the decision.
It would also make members of the Board and
the Minister compellable witnesses in any appeal or judicial review relating to
a decision made by the Board.
Bill 62, Defending Employees’ Rights Act
(Certification of Trade Unions)
This Bill would amend the Ontario Labour
Relations Act so that under no circumstances can a union be certified
without a representation vote. This includes removing card-check certification
in the construction industry. It also prevents the Board from certifying a
union without a ratification vote, even when it is deemed the only sufficient
remedy to the situation after an employer intervenes in the certification
process. This is a direct threat to organizing rights in Ontario.
Instead of being curtailed, card-check certification should be granted more
widely.
[1] Current
purpose of the Act: “1. To facilitate collective
bargaining between employers and trade unions that are the freely-designated
representatives of the employees; 2. To recognize the importance of workplace
parties adapting to change; 3. To promote flexibility, productivity and
employee involvement in the workplace; 4. To encourage communication between
employers and employees in the workplace; 5. To recognize the importance of
economic growth as the foundation for mutually beneficial relations amongst
employers, employees and trade unions; 6. To encourage co-operative
participation of employers and trade unions in resolving workplace issues; 7.
To promote the expeditious resolution of workplace disputes.”
Cope343
May 8, 2013
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