Background

Adoption of the Ontario Labour Relations and Employment Statute Law Amendments Act, 1995 (Bill 7) and the Ontario Labour Relations Act, 1995 (Schedule A to Bill 7) alters the collective bargaining rights of a number of groups of workers. The effect of the Bill 7 is to:

…       exclude agricultural workers, domestic workers and certain professionals (incl. dentists, lawyers, doctors) from the Ontario Labour Relations Act

…       statutorily decertify the bargaining agents for these excluded groups and terminate current bargaining rights, collective agreements and arbitration proceedings

…       remove successor rights and related employer rights from Crown employees

…       eliminate successor employer protection from workers in the building services sector (cleaners, food service workers and security guards)

Complainant's Allegation

Bill 7 violates fundamental principles of freedom of association and specifically infringes Convention Nos. 87, 98, 151, 154 and 11 (the Right of Association (Agriculture) Convention, 1921).

The groups excluded from the Labour Relations Act are now governed by the common law, which does not provide access to collective bargaining, protect union organization, protect the right to strike, recognize collective agreements as enforceable, or provide protection against anti-union discrimination or employer interference.  Removing these categories of workers from labour statute protection violates the ILO freedom of association Conventions.

Bill 7 terminates the existing organizing rights of these workers, nullifies their current collective agreements and de-certifies their bargaining agents.

The elimination of successor and related employer rights for Crown employees is inconsistent with ILO principles.  Elimination of successor employer protection for building service employees is also an infringement of ILO Conventions.

Government's Reply

The rationale for Bill 7 stems from non-industrial workplaces not being suitable unionized environments.  The modifications to Crown employees and building service employees do not deny them any right to organize, collectively bargain or strike.

The United Food and Commercial Workers' International Union (UFCW) is currently challenging Bill 7 as a violation of the freedom of association and equality guarantees of the Charter.  The Government requests the CFA postpone its examination of the complaint until the domestic court considers the issue.

CFA Conclusions

The CFA's competence to examine a complaint does not depend on exhaustion of domestic procedures. CFA examination of the issue may facilitate domestic consideration of the issue.

The exclusion of agricultural workers, domestic workers, and certain professionals from the statutory collective bargaining regime leaves them subject to the common-law, which is hostile to organizing, collective bargaining and striking activity.  This exclusion violates the principles of non-discrimination in trade union matters in Convention No. 87 and fails to promote collective bargaining as required in Convention No. 98

Withdrawing successor employer and related employer protection from workers may destabilize labour relations and prevent meaningful exercise of the right to organize.  Measures should be taken to address this issue.

CFA Recommendations

1.     Take steps to ensure all workers, either through the Labour Relations Act or industry specific legislation, have the right to strike.

2.     Ensure all workers have the right to strike and if it is found appropriate to restrict this right for doctors, compensate this loss with arbitration.

3.     Ensure all workers enjoy protection against anti-union discrimination and employer interference.

4.     Take steps to re-certify the unions de-certified by Bill 7.

5.     Take steps to re-validate the collective agreements annulled by Bill 7.

6.     Ensure the rights to organize and collectively bargain are protected in the building services sector.

Follow-up

March 1998 update: The Ontario Court (General Division) dismissed UFCW's application to declare Bill 7 unconstitutional. This decision has been appealed to the Ontario Court of Appeal. The Government pointed to the unique features of agricultural workplaces and stated that it has no intention to amend labour legislation to alter the exclusion of agricultural workers. The CFA noted these comments with regret and again asked the Government to comply with its recommendations.

June 1999 update: UFCW's appeal was dismissed by the Ontario Court of Appeal.  Bill 7 was not held to be a violation of s. 2(d) or s. 15 of the Charter. The Government reiterated its position that there are legitimate reasons for the provisions of Bill 7.  The CFA restated the importance of all workers, without distinction whatsoever, having the ability to freely organize, collectively bargain, strike and be protected from anti-union discrimination and employer interference.