COMMENTARY — Split over new Ontario labor law

Changes to Ontario’s Labour Relations Act reflect the realities of the workplace and the economy, Labour Minister Bob Mackenzie said after the controversial legislation received final approval recently.

“Since the 1940s, when this law was first developed, successive governments have made changes and passed amendments to fit the needs of the times,” he told the Ontario Legislature upon third reading of Bill 40, which will take effect Jan. 1, 1993. “The Act has not been reviewed in more than 15 years and we all recognize that the face of our workplace has changed dramatically during that time.”

He noted that there are one million more women in the workforce today, an additional million workers in the service sector and double the number of part-time workers.

The government said Bill 40 is also designed to lessen conflict by reducing confrontation on picket lines, streamline administrative procedures to assist the collective bargaining process and promote greater cooperation and partnership between employees and employers.

Bill 40 contains a “purpose clause” which ensures that workers can freely organize. The legislation, among other provisions, prohibits anyone other than managers and other non-bargaining-unit employees who work at the same location from performing the work of striking or locked-out employees; work may be transferred to a non-struck plant or contracted out, and employers will be permitted to move supervisors and managers between locations within a bargaining unit.

FOR: the Ontario Federation of Labour (OFL). “The new Act is a sign that the government has confidence in the ability of Ontario workers and employers to dig Ontario out of the recession together,” said OFL Secretary-Treasurer Julie Davis. “The Act recognizes the value of workers and the importance of a stable employment base to economic growth in the expanding service and financial sectors.”

AGAINST: the Board of Trade of Metropolitan Toronto, the largest such organization in North America, which said Bill 40 is a slap in the face to the business community that will deter job creation and investment in Metro Toronto. The board has recommended that rather than push through legislation that is universally perceived by business to favor unions, the government should establish a tripartite consultative approach among business, labor and government to establish a balanced resolution to labor reform legislation issues.