Where the parties stand

Dalton McGuinty, Liberal Leader response to OPSEU questionnaire

General Labour Law:

1. In recent years, labour legislation has shifted dramatically toward favoring the interests of management.  There needs to be more balance.  What changes do you propose to make to the Ontario Labour Relations Act to “ level the playing field”?

I agree.  There has been a loss in the balance in labour relations in Ontario over the past eight years under the Harris-Eves Government. 

The Tory government agenda has been to shut out unions.  The Tories don’t even returns union phone calls.  

As premier, I will bring both sides to the table – I will initiate dialogue with leaders and members alike.  I will return calls. I will work with union leaders to ensure that Ontario has balanced labour laws.

Ontario Liberals recognize and respect the work that unions have done to ensure that many workers today have good, stable jobs – that you are advocates on their behalf. 

We will work to restore the balance in labour relations – to offer fairness to both union and management alike.

2.                 Will you discontinue the de-certification poster?

Yes. I voted against the displaying of information on how to decertify a union.  Such posters have no place in the workplace.

3.                 Will you fix the inability of the Ontario Labour Relations Board to certify a bargaining unit when an employer illegally intimidates workers

Yes. We are committed to restoring the balance in labour relations.  One of the ways to restore this balance is to allow the OLRB to address the unfair practice of intimidating employees seeking to certify a bargaining unit.

4.          Will you ban the use of “replacement” workers or scabs?

While Ontario Liberals will not reintroduce a ban on the use of replacement workers, as your employer, we will never approve the use of replacement workers in the event of a labour dispute with the public service. 

We will bargain fairly and in good faith and we are confident that we can successfully negotiate a collective agreement that will be acceptable to OPSEU members.

5.   Will you restore the adjudicative independence of the Ontario Labour Relations Board by upholding a non-partisan appointments process and increasing security of tenure?

Our appointments to the OLRB will be based on merit, not partisan affiliation.

We want to make it clear that we are committed to lifting the veil of secrecy on government agencies and appointments.  As outlined in our good governance platform, entitled “Government that Works for You”, http://www.ontarioliberal.on.ca, we specifically refer to the fact that government agencies boards and commissions operate with to little accountability to the people of Ontario.  We will end the lack of transparency and accountability these organizations enjoyed under the Harris- Eves government.  We will empower the legislative committee to question the heads of government agencies on an annual basis.

College Part Timers:

6.    Employees in Ontario’s community colleges are the only group of part time employees that are legislatively barred from unionization.  High School teachers and University Professors face no such limitation.  Will you end this inequity?

We are very sympathetic to concerns about treating part-time college instructors differently from teachers, professors and other workers in terms of their right to organize. We look forward to discussing with workers and the colleges options for amending the governing legislation to allow part-time instructors to exercise their right to accept or reject union certification, while recognizing the financial constraints facing the institutions.

Crown Employee Successorship:

7.    In 1995, the Progressive Conservative government stripped away the successorship rights of Crown employees, and repeated this in Bill 136.  Other unionized workers have these rights and there is no justification for treating the province’s public servants in a worse manner.  Will you restore successorship rights to Crown employees?

Public employees should have the same rights as employees in the private sector, and, as Premier, I will restore successor rights for Ontario government employees.  An Ontario Liberal government will not take advantage of its legislative power to gain advantages as an employer.  We understand the need to correct the unfair treatment of public employees that was perpetrated  by the Harris-Eves government.  You can also be assured that it is our intention to consult fully and meaningfully on any changes that could occur to the legislation governing public employees, namely the Crown Employees Collective Bargaining Act and the Public Service Act. 

 Ontario Public Services Staffing:

8. The Ontario Public Service has been cut to the bone over the last eight years.  See the findings about the Ministry of Environment made by the Walkerton Inquiry.  Will you restore the capacity and stability of the Ontario Public Service so it can do its job of serving the public?

We want to make it clear that we are committed to a strong, respected public service.  As outlined in our good governance platform, entitled “Government that Works for You”, http://www.ontarioliberal.on.ca, we specifically refer to the fact that good government requires both inspired political leadership and a motivated, high-quality public service.  The Harris-Eves government has insulted both the public service as a whole and public servants themselves in the past eight years through the erosion of the OPS.

9. Will you bring an end to the grossly excessive use of consultants in the Public Service?

We strongly believe that fee-for-service consultants should only be used as a last resort.

The Harris-Eves has a long record of wasteful spending.  They squander at least $400 million annually on private consultants.  We will put an end to this practice.

10. Will you ensure that “unclassified” staff and other contract staff (like contract meat inspectors) doing permanent public service work are given permanent unionized public service jobs?

We will review the provisions you have highlighted regarding the need to be appointed to the public service in order to be considered part of the public service.  Your illustration of the meat inspectors (who are employed by the government, do the work of the public service, but are not considered to be part of the public service) is compelling and we agree.  We will also review the “unclassified” staff contracts that do permanent public service work with the view of appointing them to the civil service.

Ontario Public Service Privatization:

11.     The government has made a series of privatization decisions that are not based on sound economics or common sense.  Will you reverse the privatization of government services to date and stop it in the future?

Unlike the current government, we do not view privatization as a panacea. There are instances where it can be a useful option, and many more where it can cost the public far too much, both in dollar terms and reduced public safety.

We believe that where there is a public interest, there should be a government interest. 

We cannot guarantee that every single current government asset and service will remain in direct government control.  That is a promise no honest politician can make. 

What we can guarantee is that a McGuinty government will value the public nature of public services. Where a non-traditional delivery option is proposed, there will be full and transparent evaluation of the costs of the alternatives – not only the annual fiscal impact, but long-term economic costs, public risk and fair treatment of employees.

Wherever possible, we will use the expertise and arms’ length independence  of the Provincial Auditor to provide this essential information to the public before choices are made. 

We will also utilize this expertise to evaluate services that have been out-sourced by the current government and determine which should be returned to public service delivery.

If any service is out-sourced for non-profit or private delivery, we will protect workers by restoring legislated successor rights for public servants.

12.Will you commit to returning the Penetang Jail, the five secure young offender facilities and Camp Turnaround to government operation?

We give you our commitment to review public services that have been privatized under the Harris-Eves government.  In particular, we have been particularly vocal against the privatization of our jails.  Privatized jails are not as safe as publicly run jails.  Ontario police services have been opposed to private jails, host communities have been opposed to private jails, and we have heard similar concerns from both our corrections officers and the inmates of these facilities.  We would not breach contracts with private companies operating jails but we would not renew the contracts and no new private jails would be opened.  Private jails are a failed experiment and no place in Ontario. 

Ontario Public Service Collective Bargaining:

13.The State should not take unfair advantage of its legislative power when dealing with its employees.  OPSEU and its members are entitled to a fair opportunity to engage in collective bargaining.  Will you commit to not using “back to work” legislation in the Ontario Public Service?

We strongly support the collective bargaining process. We are confident that with a new climate of good will on both sides we will be able to achieve negotiated settlements that treat OPSEU members fairly while serving the interests of all Ontarians. We have no intention of using “back to work” legislation in any OPS strike.

14.Will you commit to not using replacement labor or “scabs” in any Ontario Public Service strike?

We will not bring back legislation that prohibits replacement workers. However, as the province’s largest employer, we will never use replacement workers during a strike or lockout at any provincial ministry, agency or crown corporation. A Dalton McGuinty government will lead by example by being an employer that respects its employees. 

15. The current essential services legislation entitles the employer to use non-essential personnel during a strike.  Will you commit to correcting the imbalance in the essential and emergency services regime?  If so how?

We are interested in balancing the essential service regime to the benefit of all parties involved: the public, the employer, and the union.  The Harris-Eves government has tended to manipulate essential service agreements with the goal of substantially limiting the impact of labour disputes to the detriment of the workers. Our commitment of not using replacement workers in an OPS strike would necessitate changes to the Crown Employees Collective Bargaining Act.  -This would occur only with full consultation and input from OPSEU.