FAIRNESS BALANCE OPPORTUNITY

1. FAIRNESS BALANCE OPPORTUNITY • UNIFOR’S PROPOSALS TO THEONTARIO CHANGING WORKPLACESREVIEW SEPTEMBER 2015

2. What is the Changing Workplaces Review? • The Ontario government has appointed Commissioners Michael Mitchell and John Murray to review the Ontario Labour Relations Act and the Employment Standards Act. • For the first time, the basic lawsaffecting union and non union workers will be reviewed and reformed together. • The Commissioners have held public hearings throughout Ontario and now will prepare a preliminary report expected in February 2016. • Legislation is expected in the Fall of 2016. unifor.org Unifor Submission to OCWR

3. What are the issues for the CWR? • “Ontario is committed to responding to the changing workplace landscape... • “Over the past several decades, workplaces and the nature of work has changed considerably. Trends affecting these changes include: • Rising prominence of the service sector • An increase in non standard employment relationships, some of which put workers in more precarious situtations • Globalization and trade liberalization… • Accelerating technological change • Greater workforce diversity…” (from the mandate of the CWR) unifor.org Unifor Submission to OCWR

4. STATING THE PROBLEM Ontario’s precarious workforce Parts1 and 2 of Unifor’s submission

5. Understanding precarious work • Millions of Ontarians experience one or more forms of “precarity" in their work lives: • Unpredictable or irregular schedules • Temporary or uncertain terms of employment • Marginal self employment • Inadequate part time hours • Labour incomes declining relative to productivity, and incomes more unequally distributed… unifor.org Unifor submission to OCWR

6. Why does precarity matter? • Precarious work is linked to health risks including stress, depression, heart disease and diabetes… • Precarious jobs impair personal, family and community relationships… • Precarious jobs skew the distribution of political power… • The growth of precarious work has brought with it slower economic growth and heightened unemployment… • The rise of labour market precarity is a key determinant of heightened income inequality… unifor.org Unifor submission to OCWR

7. Who are Ontario’s precarious workers? • Three quarters of Ontario workers in accommodation, food services and agriculture are precarious… • Part time, temporary and self employed jobs have grown much faster than permanent, full time jobs… unifor.org Unifor submission to OCWR

8. Problems and solutions • Ontario incomes are polarizing between different economic sectors. Women and racialized workers are more likely to work in precarious sectors. • If labour market problems are sectoral, lets look for solutions in sectoral policies. unifor.org Unifor submission to OCWR

9. FINDING THE SOLUTIONS Modernize Ontario’s Employment Standards Part 3 of Unifor’s submission

10. Labour law and employment standards are a package of basic rights for workers Unifor proposes a two track approach to rebuild inclusive opportunity for workers - improvements in labour relations and collective bargaining, and progressive reforms in employment standards. Union members benefit from effective Employment Standards. In many union workplaces, a goal of the union is to ensure that minimum standards are enforced. Higher minimum standards for all workers enable unions to negotiate above the minimum. unifor.org Unifor submission to OCWR

11. Part time and irregular work • Employers abuse their power in the labour market to demand constant flexibility in schedules, and to deny benefits to workers. Unifor proposes: • Minimum call in periods of 4 hrs work or pay • 14 days notice of schedule changes • Combining of hours to create full time work • Benefits for part time workers proportional to those provided for full time workers. unifor.org Unifor submission to OCWR

12. Key ESA reforms to protect workers • Prohibit 2 tier wages on the basis of date of hire • Temp agency workers should be paid the same as permanent workers doing the same work • Employers should be jointly responsible with temp agencies for all ESA standards • Provide paid leave for workers in domestic abuse situations • Overhaul and improve provisions for migrant workers unifor.org Unifor submission to OCWR

13. Effective enforcement of employment standards Surveys show a majority of low income workers experience violations of employment standards. The current ESA requires workers to complain first to their employer before seeking a legal remedy - a requirement totally divorced from workplace realities. The ESA does not provide for interest or other penalties on unpaid wages. It is lucrative for employers to willfully violate standards and later settle any debts owed for cents on the dollar. Hiring more inspectors alone will not solve the problem - institutional changes are needed to empower Ontario workers to stand up for their rights. unifor.org Unifor submission to OCWR

14. What should enforcement look like? • Eliminate requirements for workers to complain first to employers and allow workers to apply directly to OLRB to enforce standards. • Shift complaint based enforcement to proactive audits and inspections. • Establish a network of independent worker centres with trained advocates for workers. • Impose fines and penalties for ESA violations to fund worker centres. unifor.org Unifor submission to OCWR

15. FINDING THE SOLUTIONS Improvements to the Ontario Labour Relations Act Part 4 of Unifor’s submission

16. Trade union rights to unionize, bargain and strike are protected by the Charter of Rights • Supreme Court decisions in 2015 have upheld the value of collective bargaining: • “The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives -- namely their work.” • (SCC 2015)

17. The right to organize Ontario ought to implement a union certification model that facilitates the acquisition and maintenance of bargaining rights, rather than maintaining a system designed by openly anti-union predecessor governments. Mandatory certification votes have led to a marked decline in union organizing successes. Unfair labour practices to deter union organizing is most common in small workplaces. At Casino Niagara managers attempted to cast ballots in certification vote but were really present to intimidate workers. At Toyota, Unifor believed it had signed 40% of workers to achieve a vote – but the company then revealed a further 1,000 employees. unifor.org Unifor submission to OCWR

18. Key changes to organizing rules • Return to “card check” to certify a union • Where votes are needed, allow electronic voting, telephone voting and off site voting • Allow workers to sign electronic union cards on-line • Provide early disclosure of employee lists and contact information • Ensure stronger protection for union organizers • Give broader scope for Labour Board orders in response to employer unfair labour practices unifor.org Unifor submission to OCWR

19. Strengthen collective bargaining The purposes of the OLRA must be to encourage collective bargaining, assist the constructive settlement of disputes, facilitate and promote the acquiring and maintaining of bargaining rights and the empowerment of worker participation. Workers at Aaroport Limousine certified only to face 10 months in bargaining and then a strike. Ultimately, the OLRB ordered arbitration. Crown Metal forced USW members on strike for 22 months and then attempted to deny union organizers the right to to return to work. Unifor members lost their jobs when the GTAA parking lot contract changed. Only 27 of 80 workers were offered new jobs but at 20% lower wages. unifor.org Unifor submission to OCWR

20. Key changes to strengthen collective bargaining • Remove barriers to first contract arbitration • Allow interest arbitration to settle disputes after 180 days • Remove 6 month limit for reinstatement following a strike • Provide successor rights for workers when contracts are flipped. • Close successorship loophole between federal and provincial employers • Impose duty to bargain in good faith and arbitration in workplace closures unifor.org Unifor submission to OCWR

21. FINDING THE SOLUTIONS “Just cause"and protected collective action in non unionworkplaces Part 5 of Unifor’s submission

22. All workers deserve a protected workplace voice Employee “voice” means the right to be heard and to act collectively to address workplace concerns in a space protected by law and enforced by the state. A genuine employee voice must have legal rights and be free from employer influence or domination. Compulsory joint H&S committees in Ontario without unions did not empower workers and were eventually abandoned. An Ontario worker fired without cause can make a complaint over notice or sue for damages, but cannot expect to get their job back. US labour law gives non union workers a right to “concerted action” that we have seen in worker actions at WalMart, McDonalds and other large companies. unifor.org Unifor submission to OCWR

23. Key ingredients to provide worker voice • Institute “Just Cause” provisions in OLRA, similar to those presently in place in the Canada Labour Code. • Protect the right of all workers to engage in collective actions for the purpose of mutual aid or protection including actions to communicate about their working conditions and to take actions to contest those working conditions. unifor.org Unifor submission to OCWR

24. FINDING THE SOLUTIONS Sectoral strategiesto restore balance in Ontario‘slabour market Part 6 of Unifor’s submission

25. A sectoral approach to employment standards and collective bargaining Sectoral minimum standards across defined labour markets are the most effective mechanism to provide security and fairness for workers while reflecting sector specific economic realities and ensuring business success. Ontario has had extensive sectoral standards since 1935 and the government today has the authority to regulate working conditions in any defined industry. Quebec’s “Decree” system has provided sectoral standards since 1934 and continues to cover 75,000 workers. The federal “Status of the Artist” Act allows independent contract artists to come together for collective bargaining with employers. unifor.org Unifor submission to OCWR

26. “Sectoral Standards Agreements” – the next stage in evolution of Ontario sector standards • Unifor proposes to transfer the authority of cabinet to regulate sectoral standards in an industry to the OLRB. A Union could apply to have the provisions of a collective agreement extended as minimum standards for all workers in a given industry and geographic sector. • The Sectoral Standards Agreement would require that the OLRB finds that the Agreement addresses precarious working conditions and does not harm the national or international competitiveness of the sector. unifor.org Unifor submission to OCWR

27. “Sectoral Standards Agreements” An application is made to the OLRB to extend ESA minimum standards based on the collective agreement to cover all workers in the defined labour market. The extended agreement is called a: A Sectoral Council is established with participation from employers and unions that are affected. Non union worker committees can also be represented. A precarious sector is defined by industry, work and community. i.e Coffee shops in downtown Toronto. Workers organize and negotiate a base collectiveagreement. Sectoral Standards Agreement unifor.org Unifor submission to OCWR

28. Benefits of Sectoral Standards Agreements • Sectoral Standards Agreements would ensure that minimum ESA standards are based on a labour market test of free collective bargaining. • These standards would be enforced by the Sector Council which would also organize training programs and group benefit plans. • Non union workers would have a voice within the Sector Councils that would be protected from employer influence and domination. • Sectoral Standards Agreements would be minimum standards allowing unionized workplaces to bargain above the agreement. Over time, the base agreement and the sector standard would rise to reflect bargaining gains. unifor.org Unifor submission to OCWR

29. Other key sectoral recommendations • To truly rebalance labour and capital sectoral certifications and multi-employer bargaining must be restored in the OLRA. • Unions should have the discretion to establish single bargaining units across several workplaces with the same employer. • The OLRB should have the ability to establish a common bargaining structure across multiple franchises of a parent company. • Within Sectoral Standards Agreements, unions should be able to consolidate new bargaining units into the base agreement. unifor.org Unifor submission to OCWR

30. Collective rights for self employed independent contractors • The “Status of the Artist” model should be applied in Ontario to provide collective bargaining structures by occupations such as freelance media workers or translation services on a geographic basis. • The OLRB would determine that the union or association is the most representative of the independent workers in the proposed sector. • An employer or employers in the sector would be required to meet the union or association to negotiate a standard agreement which would be a minimum standard for all employers in the sector. unifor.org Unifor submission to OCWR

31. FINDING THE SOLUTIONS Employment standards, labour relations and economic performance Part 7of Unifor’s submission

32. More fairness and balance in Ontario’s labour market will not harm our economy Some of our proposals would modestly increase business costs. But other costs would decline and employers would gain from measurable offsetting benefits arising from a higher quality, more secure and satisfied workforce. A large body of research has shown that neither a higher rate of unionization or higher minimum wages result in less employment. Ontario is not sacrificing investment because of high labour costs. Canadian labour costs are the second lowest of the G7 economies. Ontario employers will benefit from enhanced employment standards and labour relations in areas of productivity, retention, and skills acquisitions. unifor.org Unifor submission to OCWR

33. Join our campaign for fairness • The full Unifor submission to the Changing Workplaces Review is available for downloading at • http://www.unifor.org/en/building-balance-fairness-and-opportunity-ontarios-labour-market • Would you like to hear more from Unifor about our proposals? Get in touch by contacting Unifor Ontario Regional Director, Katha Fortier. Katha.Fortier@unifor.org