Canadian Labour Reporter

Changes to WSIB, fire services tabled event such as amalgamation or a restructuring, workers would not be required to choose the win- ning union if one union repre- sented at least 60 per cent of the workforce. As the act stands, a singular em- ployer that has two or more unions representing employees could make an application to the Ontar- io Labour Relations Board to have employees vote on which union should be awarded the contract. The act would also allow Workplace Safety and Insurance Board (WSIB) survivor benefits to be calculated based on the deceased worker's average earn- ings at the time of diagnosis, as opposed to the current legislated minimum — which the province said will potentially increase the amount of support families re- ceive. The WSIB pays out $2.5 billion in benefits each year, ac- cording to the Ministry of La- bour. Maximum corporate penal- ties would also increase from $100,000 to $500,000 for health and safety code infractions. As well, more dispute resolu- tion tools would be made avail- able for the province's firefight- ers and professional fire services staff, including that labour dis- putes would be heard by the la- bour relations board, not the On- tario court system. Should Bill 109 become law, it would amend three acts affecting workers in Ontario: the Work- place Safety and Insurance Act, the Fire Prevention and Protec- tion Act and the Public Sector La- bour Relations Transition Act. The changes will streamline the process when mergers occur, as well as avoid or limit any poten- tial for disruption, according to the labour ministry. "Our government is com- mitted to advancing safe, fair and respectful workplace prac- tices," Flynn said in a statement. "That's why I've proposed these changes which will, if they be- come law, provide increased fair- ness to workers across Ontario by strengthening protections in legislation." But before Bill 109 receives roy- al assent, labour groups are hop- ing it will be further amended. As is, the drafted legislation is an affront to democratic integrity, said Warren "Smokey" Thomas, president of the Ontario Public Service Employees Union (OP- SEU). "I don't care if they've only got one (union) member — they've got the right to vote," Thomas said. "It's one thing to go and get hired at a union shop — you know it's a unionized workplace when you take the job — and it's quite the other to be in a non-union shop and all of a sudden some- body says, 'Well now, because we're merging, you have to join a union.' We think you should have to vote yes or no." Apart from the fundamental democratic implications, Thom- as said the proposed law is a fix for a problem that does not exist. For instance, merger votes are typi- cally carried out by the union and not particularly expensive or te- dious, he explained. "On a number of fronts, I think it flies in the face of what the trade union movement stands for, and it seems to me that the government sees it as an opportunity maybe just to make things go quicker," Thomas said. As such, OPSEU has officially called on the Canadian Labour Congress and other unions to de- nounce the draft bill as undemo- cratic and to push the provincial government to make the appro- priate changes. He also confirmed that should the bill become law in its current design, the union would pursue a legal challenge. Of particular concern is the new system does not take into account the fact that bigger isn't necessarily better, said Thomas. Whereas one union may be able to sign up a majority of workers through an organizing drive, it wouldn't mean that same union boasts a superior collective agree- ment or an ability to enforce it. Workers could also lose out on high-calibre representation, he said, when two unions vie for the winning contract because it is, at its base, an election — the victo- rious union or "candidate" would gain an employee's support dur- ing a healthy competition. That means unions work harder to show what they can offer and how they can better that workplace. Thomas cited hospitals as one workplace that could become bogged down in a merger vote under Bill 109. Typically, when hospitals merge, there are both union and non-union factions, so a significant number of employ- ees could be left unhappy with either outcome — whether they would now have to join a union or lose certification. Thus, he said the 60-per-cent-minimum-rule is arbitrary. "The biggest thing I find offen- sive is that workers just won't get a vote under certain circumstances, and you should get a vote every time," he said, adding, "When, as the labour movement, do we stand up and say enough is enough?" However, when Flynn first introduced the bill in the legisla- ture, he said it will preserve the rights of workers and increase ef- ficiency for government and pub- lic sector employers. "(Bill 109) will bring increased fairness and efficiency for work- ing people in our province," Flynn said at the time. "It will also help reduce the potential for disrup- tion or delay following events in the broader public sector to which the act applies, an example being amalgamation or restructuring." Tacked on alongside work- place safety and firefighter dis- pute legislation, he added the bill will boost the labour force. "Strengthening protections for workers while supporting busi- ness is part of our government's plan to build Ontario up and cre- ate that just society we all want." 7 Canadian HR Reporter, a Thomson Reuters business 2015 CANADIAN LABOUR REPORTER NEWS < from pg. 1 Photo: Mark Blinch (Reuters) Firefighters in Ontario will be able to take dispute resolution cases to the labour board instead of going through the court system under Bill 109. "Workers just won't get a vote under certain circumstances, and you should get a vote every time."

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