Among other things, the changes include:

1. Bringing back automatic certification as a last resort for egregious unfair labour practices during organizing drives;
    
2. Repealing the requirement to post procedures for union decertification;
    
3. Re-establishing card-based certification in the construction sector.

The McGuinty government is promoting stable labour relations and economic prosperity by introducing legislation that would ensure fairness and choice in Ontario’s workplaces, Labour Minister Chris Bentley announced today.

“Since 1990, Ontario’s Labour laws have swung unfairly in favour of one side or the other”, said Bentley. “We intend to restore balance, giving all Ontarians equal confidence in our laws. This would promote the harmony and stability in the workplace that are vital for a prosperous and productive economy”.

If this legislation is passed, 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.

A card-based certification system would be re-established 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 card-based system would permit automatic union certification if more than 55 % of employees sign cards.

It would also prevent consecutive strikes in the homebuilding industry by making permanent the special bargaining and dispute resolution regime for residential construction in the Toronto area in place since 2001.

As well, subject to certain statutory conditions, these changes would restore the OLRB’s power to reinstate workers on an interim basis who were fired or disciplined during a union organizing campaign because of their efforts to organize. This will help to ensure the workers can exercise a free choice regarding a union representation pending a final decision.

These are tremendous positive changes that will only enhance organizing in Ontario. All the IBEW Locals and other Building Trades Locals in Ontario are to be commended for developing a good relationship with the Ontario Minister of Labour and successfully lobbying for these changes by putting forth a good business case. The First District Office has written letters of gratitude to the Minister of Labour and Premier McGuinty and the only thing added was a request to include the Industrial Sectors in the card-based certification.

Canada’s Labour Minister Joe Fontana is about to name a commission of experts to review Part III of Canada’s Labour Code. Part III deals with employment standards, including hours of work, minimum wage and procedures for resolving unjust dismissals. This could be the first full review of Canada’s Labour Code in 40 years.

After what has been too long a period, with tremendous effort on the part of several locals, the First District Office, and the IBEW Construction Council of Ontario, Global Heat (1998) Inc. has signed a Memorandum of Agreement that states that it will recognize the jurisdiction of the IBEW under the UA-IBEW Memorandum of Understanding dated April 7, 1976, the “Ward-Pillard Agreement” and will apply and comply with the Ward-Pillard Agreement in all respects relating to the jurisdiction of the IBEW.

An annual report undertaken by the CLC titled “Is Your Work Working for You?” released in September, 2004 finds only a negligible improvement in the quality of life of working families over the past year. Ken Georgetti said ongoing union organizing and a low-interest-rate environment were the major contributors to the slight improvement in workers’ quality of life.

International Brotherhood of Electrical Workers, AFL-CIO, CLC

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