Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

Case No 2145 (Canada) - Complaint date: 03-JUL-01 - Closed

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

1. 46. The Committee examined this case on the merits at its March 2002 meeting [327th Report, paras. 260-311]. The Committee urged once again the Government to take measures: to ensure that teachers in Ontario are entitled to exercise the right to strike; to avoid having recourse to back-to-work legislation; to ensure that recourse to arbitration for the settlement of disputes concerning teachers in Ontario be voluntary and that such arbitration, once freely chosen by the parties, be truly independent and in line with freedom of association principles.
2. 47. In its communication of 3 October 2002, the Government states that there have been no new developments in this matter. Negotiation by the parties is the most desirable means of resolving disputes and the Government acts as neutral facilitator through its mediation and conciliation services. As a general rule, it lets the collective bargaining process run its course, but it is sometimes necessary to legislatively terminate a dispute to safeguard public interest concerns. According to the Government, recourse to back-to-work legislation was necessary in the circumstances that prevailed in this case; it was limited to that specific round of negotiations and the teachers’ general right to strike has not been affected. The mediation-arbitration process included in the legislation was fair and open; the parties mutually agreed to the appointment of the mediator-arbitrator and, with his assistance, entered into letters of agreement that formed the basis of a new collective agreement.
3. 48. The Committee notes this information. While taking note of the Government’s arguments that this back-to-work legislation was necessary in the circumstances, that it was limited to this specific round of negotiations (Hamilton Wentworth School Board in November 2000) and that the teachers’ general right to strike has not been affected, the Committee must recall the concern it expressed in view of the repeated recourse to such legislation in Ontario and its long-term negative effects on the labour relations climate [see 327th Report, para. 303]. The Committee recalls that workers in non-essential services, which is the case of teachers, should have the right to strike, not only in legislation, but should also be able to exercise it in practice when needed to support their bargaining demands. It requests the Government, once again, to avoid having recourse in future to back-to-work legislation in situations that do not endanger the life, personal safety or health of the whole or part of the population. The Committee further recalls its previous comments that the disputes settlement process should be voluntary and independent.