May 7, 2001

Bill 25 boosts importance of OPS bargaining

Collective bargaining is the most important tool workers can use to improve their working lives. It just got more important for OPSEU members in the Ontario Public Service.

On April 30, the Conservative government at Queen’s Park introduced Bill 25, the Public Service Statutes Amendment Act. The government says it will pass the law quickly. These changes could have a big impact on you. While they do not override the current collective agreement, they do set the table for the next one.

Bill 25 would change the Public Service Act (PSA) and the Crown Employees Collective Bargaining Act (CECBA). It would allow your OPS employer to:

1. Create new “term classified” positions.

These jobs would be contract positions of up to three years. They would have some of the benefits of classified jobs, but none of the job security.

2. Hire unclassified employees on three-year contracts.

Currently the PSA only allows one-year contracts.

3. Give authority over OPS employees to private operators or managers in other Ministries.

This change paves the way for shared services and privatization. You could be an OPS employee, covered by your OPSEU contract, but your boss might be a private operator. The private operator could fire, discipline, or transfer you, or do any of the things your Deputy Minister can do.

4. Allow OPS managers and private operators to change workplace rules that, in the past, could only be changed by Cabinet.

In certain cases, this could give Cabinet-level power over your working conditions to anyone who happened to be your boss (see #3).

5. Expand access to the Workplace Information Network (WIN).

Right now, your personal information is available to your manager and people in your Ministry who have a specific Human Resources reason to see it. The new law will share your information right across the OPS. Any person involved in “providing an integrated human resources program” will be able to see your file. That means hundreds of H.R. people and computer people.

As WIN grows, it will include basic data like your name and address, plus your seniority and use of sick time. Eventually, your medical records, disciplinary files, and past grievances will be on the system, too. Nothing in Bill 25 says these records will not be read by any private operator who becomes your boss (see #3).

6. Give the Ontario Provincial Police Association the chance to represent about 2,500 OPP civilians, mostly OPSEU members.

The OPP has been the Harris government’s attack dog on several occasions. The clubbing of strikers at Queen’s Park and the shooting of Dudley George at Ipperwash are only the most famous. The police association openly supported the Conservatives in the 1999 provincial election. Bill 25 gives the OPPA a one-time chance to try to organize members of OPSEU and two other bargaining units (AMAPCEO and PEGO).

Under the Ontario Labour Relations Act (OLRA), any group applying to represent a new group of workers must be a union. Bill 25 creates an exception for the OPPA. The OPPA is not a union. Under the Public Service Act, it can't be.

Under the OLRA, any union seeking to organize a group of workers must organize the entire bargaining unit. The OPPA will be exempt from this. The government plans to use its majority to carve a 2,500-person chunk out of the existing OPS unit.

If members of any of the three existing unions opt to join the OPPA, they automatically leave the OPS and lose the protections of their contracts. For OPSEU members at the OPP, this means loss of the right to bump or transfer to jobs within the OPS. Nothing in Bill 25 gives these workers any guarantees that they will keep any of the protections in their current contract, e.g., the “reasonable efforts” clause for workers whose jobs are divested.

While OPP employees have access to arbitration to settle contract issues, the range of issues that the arbitrator can look at is very limited. Under Section 26 (4) of the PSA, the employer sets all rules governing discipline, termination, job classification and evaluation, promotion, demotion, transfer, and layoff. No arbitrator can rule on these issues.

Stand by your contract
Get ready for Local Demand Review

No matter where you work in the OPS, your OPSEU collective agreement is your best protection from the changes in Bill 25. Section 29 (3) of the PSA says that your collective agreement prevails over any regulation passed under the Public Service Act.

What Bill 25 does is create a raft of issues that we now have to take into account in the upcoming round of bargaining. Our contract expires Dec. 31, 2001. First, we need to make sure we have the right contract demands for the post-Bill 25 workplace. Second, we have to get behind the bargaining teams to turn those demands into real protections in the collective agreement.

OPSEU members set our OPS contract demands in Local meetings in February. In June, Local Demand Review gives members a chance to fine-tune those demands. With Bill 25 likely to be passed soon, we now have to review our February demands and check them against the changes in Bill 25. If we need to create new demands to deal with Bill 25, the local Demand Review meetings are the place to do it.

The OPSEU Public Affairs unit is developing materials, with more details on the Bill 25 changes, to help locals prepare for Local Demand Review. These will be available by May 18.

Demand public hearings - call your MPP

Who was consulted on the drafting of Bill 25?

OPSEU first learned of possible changes to the PSA in April, 2000. Except for one two-hour conversation with OPSEU at that time, almost all of Management Board’s “consultation” was with Ministry managers.

This is ridiculous. The public service is a vital part of Ontario society. Changes to how it works concern not only public employees, but all citizens. How will Bill 25 affect public accountability? How does it affect employees’ privacy? Does it make the public service more independent from political interference and corruption, or less? Should the OPPA receive special treatment compared to other organizations? What about whistleblower protection for public employees?

These are the questions our lawmakers should be discussing. Public hearings are absolutely essential to creating the best possible Public Service Act. Call your MPP. Demand public hearings into Bill 25.

More to come

More information on Bill 25 is on its way. To see the text of Bill 25 as it now stands (first reading), go to http://www.ontla.on.ca/library/bills/25372.htm.

Attention all OPS stewards:

Getting an “A” Contract, our OPS mobilization booklet, is now available at OPSEU Regional Offices. Stop by and pick up copies for your Local Executive Committee and Local Bargaining Council.

Produced by the Ontario Public Service Employees Union, 100 Lesmill Road, Toronto M3B 3P8.
Web: www.opseu.org; e-mail: opseu@opseu.org.
Original authorized for distribution by Leah Casselman, president. 

OPS Bargaining 2001: Index

Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8  (416) 443-8888  www.opseu.org