Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 309, Marzo 1998

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

1. 11. During its last examination of this case at its meeting in November 1997, the Committee requested the Government to take the necessary measures to ensure that agricultural and horticultural workers, domestic workers, architects, dentists, land surveyors, lawyers and doctors all enjoyed the protection necessary to establish and join organizations of their own choosing and called upon the Government to re-certify those organizations which were decertified under Bill 7. The Committee requested the Government to ensure that the right to strike not be denied to agricultural and horticultural workers, domestic workers, architects, land surveyors and lawyers, and to ensure adequate compensatory guarantees where this right may be restricted in respect of the medical profession. The Committee also called upon the Government to take the necessary measures to guarantee access for all the above-mentioned workers to machinery and procedures which facilitate collective bargaining, and to revalidate the collective agreements which had been annulled under Bill 7. Finally, the Committee requested the Government to take measures to ensure that the right to organize and collective bargaining rights are adequately protected in building services and to keep it informed in this regard. (See 308th Report, para. 194.)
2. 12. In a communication dated 30 January 1998, the Government indicates that a decision was rendered on 9 December 1997 by the Ontario Court with respect to an appeal made on behalf of the United Food and Commercial Workers International Union (UFCW) to have Bill 7 declared unconstitutional on the ground that it violated the Canadian Charter of Rights and Freedoms in its repeal of the Agricultural Labour Relations Act, 1994. This judgement concludes that the exclusion of agricultural workers from Ontario's statutory labour relations scheme does not violate their freedom of association, or their right to equal protection and equal benefit of the law, guaranteed by the Charter. The UFCW has appealed this decision to the Ontario Court of Appeal, and the Government indicates that it will keep the Committee informed of further developments in this case.
3. 13. The Government reiterates that the unique characteristics of, and the nature of employment in, the agricultural sector are such as to raise serious questions as to the suitability and propriety of the regime of collective bargaining contemplated by the Labour Relations Act, in particular the dispute resolution mechanisms upon which collective bargaining depends, namely the right to strike and lock-out, and compulsory arbitration. Agriculture in Ontario is overwhelmingly dominated by family farms, and the agricultural sector is characterized by extremely low-profit margins and unstructured, highly personal working relationships. Moreover, employers in this sector are dependent on climatic conditions and seasonal variations and produce highly perishable products. Accordingly, the Government indicates that it does not intend to amend legislation to remove the exclusion of agricultural workers from any statutory labour relations scheme.
4. 14. In conclusion, the Government reiterates its strong commitment to free collective bargaining both in the public and private sectors of Ontario. Bill 7 has established the appropriate balance of power between unions and employers and has facilitated productive collective bargaining, which the Government views as an important component of its strategy to strengthen the economy and create jobs. 15. The Committee notes this information with regret. It must reiterate the conclusions made in this case concerning agricultural workers in its 270th Report and the corresponding recommendations. Furthermore, the Committee notes with concern that the Government has only provided information in reply to its recommendations as they concern agricultural workers, but has not made any indication as to the measures taken to ensure the right to organize, the right to strike (or relevant compensatory guarantees) and the right to bargain collectively with respect to domestic workers, architects, dentists, land surveyors, lawyers and doctors. The Committee requests the Government to keep it informed of any developments in respect of these categories of workers and to indicate whether any measures are envisaged to ensure the rights of agricultural workers either through the Labour Relations Act or through other appropriate means.