Recognition for college part-timers tainted by scab option

New Ontario bill eliminates provisions forbidding scabs during college strikes and lockouts

Toronto (11 June 2008) – The Ontario government’s long-awaited legislation to recognize collective bargaining rights for part-time and sessional college workers – introduced at Queen's Park Tuesday – comes with a high price tag, says the Ontario Public Service Employees Union (OPSEU/NUPGE). The bill allows colleges to use scabs during strikes and lockouts.

As drafted, legislation revising the Colleges Collective Bargaining Act (CCBA) will create a legal framework for more than 12,500 college workers to join a union and bargain for job improvements. That much is welcome and long overdue.

However, the bill also proposes changes that will adversely affect collective bargaining for some 16,000 unionized full-timers. For example, it would specifically eliminate provisions now in the law that forbid the colleges from recruiting strikebreakers during a withdrawal of services or lockouts.

“It is pretty outrageous that this government thinks that recognizing the Charter rights of one group of workers means that another group of workers must give something up,” says OPSEU president Warren (Smokey) Thomas. “Charter rights are not some kind of benefit to be paid for – they are rights, pure and simple. They cannot and must not be treated like just another bargaining chip.”

Under the existing CCBA, college part-timers and sessionals have been barred from unionization since 1976. However, the Supreme Court of Canada ruled one year ago that collective bargaining rights are protected rights by the Canadian Charter of Rights and Freedoms. In August 2007, the McGuinty government pledged to re-write the CCBA to recognize bargaining rights for part-timers and sessionals.

Since then, thousands of part-time and sessional workers have signed OPSEU union cards. The union applied to the Ontario Labour Relations Board to be certified as their bargaining unit in April 2008.

“College part-timers and sessionals are hungry to be union members and to take part in collective bargaining,” says Thomas. “Make no mistake about it, we want this bill passed into law as soon as possible, and we are urging all parties to debate this in the Legislature and move on to committee hearings without unnecessary delay. But we are definitely looking for changes to be made.” NUPGE