Effect given to the recommendations of the committee and the Governing Body - Report No 320, March 2000

Case No 1943 (Canada) - Complaint date: 12-NOV-97 - Closed

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

1. 38. The Committee last examined this case concerning compulsory interest arbitration in certain areas of the public service, at its November 1999 meeting (see 318th Report, paras. 103-118). At that time, the Committee, noting that the Government wished to adopt a new policy regarding the members of public agencies, including the Ontario Labour Relations Board (OLRB), requested the Government to keep it informed of the adoption of that policy and its content. The Committee also stressed that the chairpersons of the arbitration boards appointed by the Minister of Labour in the event of a disagreement between the parties should not only be strictly impartial, but should also appear to be so if the confidence of both sides is to be gained and maintained.
2. 39. In a communication of 10 January 2000, the Government informs the Committee that the case regarding interest arbitrator appointments under the Hospital Labour Disputes Arbitration Act was scheduled to be heard by the Ontario Court of Appeal on 25 November 1999, but has been rescheduled for 12 April 2000. The Committee requests the Government to forward a copy of this decision once it is rendered.
3. 40. Regarding the review of the public appointment process, the Government states that on 19 November 1999, the Government of Ontario announced its acceptance of the Public Appointments Secretariat's recommendations on the appointment process. The key recommendations include the following: a clear application process with job descriptions based on core competencies; chairpersons of agencies, boards and commissions to have greater involvement in the recommendation process for new appointments and renewals; development of a learning strategy, with training requirements based on core competencies; appointment "agreements" to be developed and to include notice provisions; and the duration of the appointments to be three years with a limit of two terms. Implementation of the policy is expected over the next few months, and the reforms will apply to new appointees. The Committee takes note of this information, and trusts that the new appointment and renewal process will ensure that the Ontario Labour Relations Board is fully independent and impartial.