Effect given to the recommendations of the committee and the Governing Body - REPORT_NO326, November 2001

Effect given to the recommendations of the Committee and the Governing Body

1. 31. The Committee has examined this case on several occasions, and for the last time at its June 2001 session [see 325th Report, paras. 197-215] when it formulated the following recommendations:
   • (a) Stressing once again that the Government should ensure that the unions are fully consulted when general policies affecting them are formulated, and that in all cases free collective bargaining should be allowed on the consequences on conditions of employment of decisions on educational policy, the Committee requests the Government to keep it informed in this regard.
   • (b) The Committee urges the Government to amend the legislation to ensure that school principals and vice-principals may form and join organizations of their own choosing, have access to collective bargaining, and enjoy effective protection from anti-union discrimination and employer interference. The Committee requests the Government to keep it informed in this regard.
   • (c) The Committee urges the Government to ensure in future that, when it seeks to alter the bargaining structure in which it acts directly or indirectly as an employer, such changes are preceded by an adequate consultation process, whereby all objectives can be discussed by the parties concerned.
2. 32. In its communication of 13 September 2001, the Government explains that the Ontario Government had previously indicated that the Ontario Court of Appeal dismissed the complaint brought by the Ontario Secondary School Teachers’ Federation (OSSTF). The OSSTF filed a leave to appeal application which the Supreme Court of Canada dismissed in March 2001. The Government of Ontario maintains its position that Bill No. 160 necessarily removes principals and vice-principals from a position of conflict arising out of their duty to manage the schools and their loyalty to other members of the union. As Ontario’s position has been supported by the Canadian courts, it has no plans to amend Bill No. 160.
3. 33. The Committee notes that the Government reiterates the arguments it had put forward in the past. The Committee recalls that the complaint in this case was filed more than three years ago and therefore regrets that the position of the Government of Ontario has not evolved since. While taking due note of the various courts’ rulings, the Committee considers that the Government of Ontario should be reminded that the Canadian Government has freely ratified Convention No. 87 and, therefore, the provisions of this Convention should be fully respected in law and in practice in all Canadian provinces. While noting that the Ontario Government has no intention of amending Bill No. 160, the Committee regrets that the said Government has not provided any follow-up information concerning its other recommendations, in particular with regard to ensuring that unions are fully consulted when general policies affecting them are formulated and that in all cases free collective bargaining should be allowed on the consequences on conditions of employment of decisions on educational policy. The Committee once again asks the Government to reconsider its position in this case, including the amendment of Bill No. 160, in order to fully respect the principles of freedom of association and asks it to keep it informed in this regard.