November 22, 2006

LABOUR

Labour group proposes changes

BRIAN BAKER

Staff Writer

Two resolutions presented to the province by the Christian Labour Association of Canada (CLAC) could change the way unions organize in Ontario.

The first stipulates unions be required to provide “fresh and specific” membership evidence when attempting to unionize employees.

The second states bargaining relationships between one union and a government agency should not prevent workers outside of the union from working on projects.

“We have seen in a number of recent organizing attempts, specifically in the construction industry, signs that automatic certification has returned,” said Andrew Regnerus, Ontario Construction Coordinator for CLAC.

During the Harris government, changes to legislation abolished automatic certification, making it possible for unions to organize with more than 55 per cent of people signed up from a company prior to 1995.

Automatic certification is back on the legislative scene when intense lobbying from the construction industry resurrected it from its Tory grave.

“We are suggesting legislation should call for very specific and intentional union cards, where the card indicates the name of the employer and explains the purpose for filling out that card is to get the union to represent the interests of the worker,” said Regnerus.

“Automatic certification is a good thing, too. It avoids all kinds of mischief and problems that can be created with the vote.

“But some unions have mischievously handed out what they call ballots for the union’s weekly toolbox draw.”

These “toolbox draws” are applications for an unofficial union membership organized by business representatives, advertising a “no obligation ballot.”

“If they got enough of those ballots returned, they could make an attempt, the old fashioned way, to represent said company. The employees would then have a vote and say, ‘Hey we’ve been hoodwinked, we don’t want that union, we can vote no,’” Regnerus explained.

Automatic certification eliminates the opportunity for employees to have a vote on whether or not they want to be unionized.

The second resolution drafted by CLAC involves jurisdictions that have a “cozy relationship” with one union.

“The resolution is not meant to criticize a trade union for obtaining bargaining rights, if they have done so craftily,” Regnerus said.

“Bargaining rights obtained by unions, with respect to carpenters or bricklayers who are employed by government agencies, should continue to be respected and not torn apart.

“Most legitimate trade unions are not interested in a race to the bottom”

—Patrick Dillon

PBCTCO

“But, it is to the extent that the municipality contracts public work — work that will not be done by its own workforce — that should be open to any qualified firm.”

Regnerus used the City of Hamilton as an example of these cozy relationships. Carpenters Union Local 18 has certified the city as a “construction employer rather than a municipal entity letting out work.”

Expectations behind the relationship are that all municipal work in Hamilton must be done by workers signatory to the union.

“Those entities have been organized one-by-one by the trade unions, and as a result of the collective bargaining arrangement, they wish to have non-union or other union workers shut out from that work,” added Regnerus.

“That’s simply not fair that the taxpayers of Ontario cannot enjoy a free market price on construction of a school, a library or an arena.”

Not surprisingly, Patrick Dillon, business manager of the Provincial Building and Construction Trades Council of Ontario, dismissed the proposals by CLAC.

“We often refer to unions of convenience for the employer. Obviously these kinds of resolutions by CLAC show it is trying to advertise itself as that union of convenience,” he said.

Time limits on union membership cards gauge how long the cards are good for. Dillon said he could not understand why CLAC has difficulty with membership cards.

“Most legitimate trade unions are not interested in a race to the bottom; they are in a race to the top,” he added.

Dillon also takes exception to CLAC’s views on certification.

“Any legitimate union will have a strong sub-contracting clause to protect the interests of the people that they portray themselves to be protecting,” said Dillon.

“Organizations that make out that they are representing the interests of the workers would actually be taking this kind of position: it should be free and open warfare.”

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