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February 21, 2012 - No. 24

Reactionary Drummond Report

Boundless Enthusiasm for Failed Economics

Ontario Legislature
First Session of 40th Parliament Set to Resume

Reactionary Drummond Report

Boundless Enthusiasm for Failed Economics - Steve Rutchinski
McGuinty's Threats and Provocations Against Ontario Public Sector Workers - Dan Cerri
Health Care Cuts Disguised as Reforms: Ontario Health Coalition - Rob Woodhouse

Battle for Toronto
Unite with City Workers to Defeat Ford Regime
Motion to Exempt Public Services from Free Trade Deal Goes Before Toronto City Council Janice Murray

Rights of Workers in Education

Workers Must Develop New Forms of Struggle for the New Conditions - Christine Nugent
Letter to the Editor


Ontario Legislature

First Session of 40th Parliament Set to Resume

The First Session of the 40th Parliament of Ontario, in recess since December 6, 2011, is set to resume on February 21. There are six government bills and 22 private members' bills being brought forward from the last session.

This session of the Ontario Legislature begins just days after the Drummond Report on the reform of Ontario's public services was released last week. There has been a great deal of disinformation about the Drummond Report that decontextualizes the actual problems facing the people of Ontario, problems caused by the crisis of capitalism and exacerbated by successive governments from the Bob Rae and Harris governments of the early 1990s till now. The workers and people of Ontario must be vigilant as the McGuinty Liberals and the parties of the rich in the legislature use the Drummond Report in various ways to blackmail and extort monies from Ontarians and the public treasury to finance private interests at the expense of public right. The anti-social proposals of the Drummond Report will not solve the economic and political crisis that Ontarians are facing, and will serve to exacerbate these crises. The proposals are wholly irrational. Only the workers can resolve the crisis by defeating the anti-social proposals of the Drummond Report, by continuing to build their resistance to the anti-social offensive of the rich in Ontario, building the Worker's Opposition, and fighting for a new direction in the economy that would guarantee the rights of all.

Ontario Political Forum will be reporting on the developments in the legislature.

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Reactionary Drummond Report

Boundless Enthusiasm for Failed Economics

The thing that stands out about the Drummond Report is not that the Mike Harris "Common Sense" anti-social offensive pales in comparison. No. It is its boundless enthusiasm for failed economics.

No amount of "austerity measures" are going to overcome the crisis. If anti-social measures were the solution that the social welfare state could not provide to stave off crisis for the capitalist system, the world, including Ontario, would not be facing chaos in the economy, politics and other spheres of life today.

Ontario has not recovered from these same bankrupt politics from the Mike Harris (and Bob Rae) era even after more than two decades. Canada has never recovered from the International Monetary Fund-dictated cuts of federal transfer payments intended to support pan-Canadian standards in social services, from health care, to education, public housing etc. during the Chretien/Martin era. The proof of this pudding is in the eating.

Yet the Drummond Commission calls for more of the same. It calls on government to hold public service investments to no more than 0.8 per cent through 2017. That is a net decrease in social program and public service investment given that the cost-of-living in Ontario rose at more than 2.4 per cent last year. The Commission recommends health care spending increases be capped at 2.5 percent, education at 1.0 percent and social programs at 0.5 percent.

It is high time such failed economics are put to rest. On top of the injury such measures will inflict upon society, is the insult that the workers and people of Ontario should accept continued retrogression as the new normal for the foreseeable future, to 2017 and beyond.

The necessity is for a new direction for the economy. Nation-building is the order of the day. It has to be taken up seriously. Who will lift this banner and carry it forward? Only the workers opposition! A modern nation-building project calls for courage and a plan of action based on modern definitions. By putting the well-being of all human beings at centre stage, a new direction for society can be found. The well-being of Canadians cannot be left to the mercy of "market forces." It has to be guaranteed and far from being a drain on society, the social investment required to do so will create the conditions for a sound and prosperous society.

For all its reactionary bluster, the Drummond Report says nothing that governments at the federal, provincial and municipal level are not already doing: blindly refusing to acknowledge that there is an alterative to this wretched status quo. It is the mission and duty of the workers opposition to elaborate its own nation building project and open the path to social progress for the entire society.

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McGuinty's Threats and Provocations
Against Ontario Public Sector Workers

In the weeks leading up to the release of the Drummond Report, Ontario Premier Dalton McGuinty delivered his own anti-social warnings against public sector workers. In speeches delivered to audiences at the Canadian Club in Toronto on January 24 and in Ottawa on February 9, he warned that public sector workers cannot expect increases to their salaries or wages in upcoming rounds of collective bargaining. He also warned that labour strife might not be avoided. McGuinty's speeches are part of the all-sided threats and provocations instigated by the rich and their political representatives against all workers and people in Ontario.

At the Toronto speech, McGuinty was quoted by the Globe and Mail as saying: "doctors, nurses, teachers and one million public sector workers in Ontario will have to hold their salary demands in check while the province eliminates a $16-billion deficit." At the Ottawa speech he was quoted by the Toronto Star as saying: "I can guarantee our government will negotiate firmly to a result that keeps us on a sure and steady path to eliminate the deficit." The Star report also quoted McGuinty as warning that there could be labour strife as a consequence.

McGuinty's comments are amongst the strongest delivered by the premier himself against public sector workers. His provocations of possible labour strife are particularly new to his repertoire. McGuinty has been known to use various agents such as the College Employer Council, the Ontario Labour Relations Board and the Commission on Reform of Ontario's Public Services to carry out the anti-social offensive. He now seems confident to deliver his own anti-social views, no less to an audience at one of Canada's oldest institutions that represents particular interests of the rich.

McGuinty's demands for more concessions from public sector workers signal a sharpening of the class struggle and expose once again the class-based character of the state and its institutions including the party in power and the premier. McGuinty's comments resemble the dictate of Harper and Ford acting as the prerogative power while the people who produce the wealth the province depends on for its well-being are held in contempt.

McGuinty's dictate to workers is that they must reduce their claim, even within the collective bargaining process, on the social wealth that they collectively produced through their labour and provision of services. All workers in Ontario must oppose this dictate. It is no solution to the crisis. It will mean a real loss to their own livelihoods but will also mean an overall loss to the province as more wealth is taken out of the economy. Combined with cuts to public services under the guise of an independent review by Don Drummond, workers require their own ways of defending public right. Workers need their own independent politics and organizations to voice their resistance to the all-sided attacks by the state in the service of the rich and their monopolies.

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Health Care Cuts Disguised as Reforms:
Ontario Health Coalition

In advance of the Drummond Report being released this past week, the Ontario Health Coalition (OHC) published an analysis of health care cuts under the title, First Do No Harm: Putting Improved Access and Accountability at the Centre of Ontario's Health Care Reform. The aim of the OHC publication is to combat some of the misinformation Drummond uses to justify the McGuinty government's aggressive anti-people offensive in health care. The OHC is an association of health care workers, health care worker unions and organizations of health care users. The OHC says its report, "is a response to the ill-considered proposals that cloak health care cutbacks under the guise of reform."

Limits to Health Spending Increase Means Service Cuts

The OHC says the level of rationing of care and unmet needs is already unacceptable in Ontario and limiting spending increases as proposed by Drummond while need is increasing will make this situation worse. Limiting increases means cutting services. Health spending restraints already put in place by the McGuinty government limit health spending growth to 3.6 per cent at a time of increasing demand. The OHC cites the Auditor General's Report 2011 which calculated the 3.6 per cent limit will result in $3 billion in underfunding of hospitals and OHIP.

Drummond has called for even tighter restraints on health spending than those criticized by the Auditor General. Drummond's 2.5 per cent increase limit will result in a $4 billion shortfall at the current level of services. The OHC points out that the Auditor General also questioned the viability of government's strategy of reducing costs by moving more patients out of hospitals into home care and long-term care homes given the already-existing waiting lists and backlogs for these services which will only be compounded by budget restraints.

Dumping patients, especially seniors, into community care is the key strategy of the McGuinty government for cost cutting in health care. The OHC reports that this strategy results in unmet patient need cascading from underfunded hospitals, to underfunded long-term care homes and landing in community care, which is underfunded, disorganized, highly privatized and riddled with user fees. The following is an outline of some of the issues in each of these levels of care raised in the OHC report.

Hospitals

Since 1990, 18,500 of Ontario's hospital beds have been cut. One result has been a reduction of acute and complex care beds, which have been reduced by 40 per cent since 1990. Another result is dangerous overcrowding of Ontario hospitals. There is no room for another $1 billion in cuts to hospitals as Drummond is recommending.

The occupancy rate of Ontario hospital beds is 98 per cent, higher than any jurisdiction where occupancy rates are kept. The average for Organization of Economic Cooperation and Development (OECD) countries is 75 per cent occupancy. An occupancy rate of 85 per cent is recommended for effective control of hospital-borne infections and for proper patient flow. The high occupancy rate, for example, results in a standing patient backlog of 600 patients stuck in emergency room beds at any given time, which represents 4 per cent of Ontario's acute care beds. The bed-to-population ratio in Ontario is the lowest in Canada and is the fourth lowest in the OECD countries. To bring Ontario up to the Canadian average bed-to-population ratio would require 14,300 additional beds.

Hospital overcrowding is compounded by the underfunding of alternative level of care (ALC) facilities and services. But underfunding of hospitals also compounds the overcrowding of alternative level care facilities and services and the ALC waiting lists. One in five patients in ALC are waiting for hospital beds that aren't available.

An important indicator of hospital overcrowding is the high number of patients stuck in emergency wards waiting for proper beds. At any given time, there are 600 patients waiting in emergency rooms for beds which puts these patients at risk from infection, delays in treatment and other serious medical dangers.

Long-Term Care Facilities

"Without admitting it publicly," the OHC report says, "the government's evident plan is to save money... by rationing access to long-term care homes at levels well below population need for care." OHC says that the agenda of the government is to impose a virtual freeze on long-term care beds through this underfunding. In addition to underfunding, privatization is also a problem in long-term care because it results in "cherry picking" of low needs patients over high needs patients based on profitability.

While the overall number of long-term beds has increased, expansion of privatized care facilities by Harris and McGuinty has resulted in a lack of beds corresponding to level of care required by patients. Since 1990, there has been a reduction of 5,600 chronic care (complex continuing care) beds, a 50 per cent reduction. The number of patients requiring higher levels of care is increasing -- with no beds for them. High numbers of these high acuity patients is overwhelming staffing levels and other capacities at many long-term homes.

The overall availability of long-term care beds has also not kept pace with the need. Underfunding has resulted in a waiting list of 24,000 for long-term care beds, with waiting times of 5 months for patients in the community and 2.5 months for patients in hospitals. Another 12,000 patients in long-term homes are on a waiting list for transfers to other facilities, usually for reunification with a spouse or for a facility in their home community.

Underfunding of all the different levels of care interact with each other as was shown in a recent study cited in the OHC report. The study reviewed the situation of 4,000 hospitalized patients designated ALC patients. Of these, 2,300 patients were awaiting long-term care beds and 730 were awaiting hospital level care beds, including rehabilitation beds and facilities, complex continuing care beds, palliative care beds and convalescent care beds. Only 135 of the ALC patients were awaiting home care arrangements. This study shows an array of services and facilities are required and that the Ministry of Health pretending home care is a magic cure for ALC patients is simplistic and deceitful.

Even though present levels of funding increases are not anywhere near enough to keep the gap between patient need and the services available from growing, the government is imposing restraint on long-term care funding. Calculations of the Auditor General show that the restraint measures already announced will result in long-term care budget increases at only half the level of the last eight years. If the recommendations of Drummond are implemented, the gap between need and services will grow at an even more accelerated rate.

Home Care

The OHC report says that enhanced home care is needed, and that some patients waiting for long-term care placement could be redirected to home care with additional investments and supports but this is not the government's agenda. The reality is that there has been a standing waiting list of over 10,000 patients waiting for home-care since 1999 and home-care continues to be poorly organized and rationed inadequately. OHC firmly rejects the government's claim that health care is being transferred to the community as simply a cover for cuts to needed care and increased user fees, particularly for seniors:

"Though the right to access publicly-funded hospital and physician care across Canada is clearly established in the Canada Health Act, as patients have been moved out of hospitals they find an array of ad hoc and inadequate care in home care, community services and long term care facilities. Often patients are forced to pay out-of-pocket for needed care."

In fact, as more care was transferred to home care and other kinds of community care, necessary supports were not provided. Patients are in effect being dumped into home care without funding. As the role of home care was being increased between 1999 and 2010, home care's share of provincial health funding actually declined, from 5.7 per cent to 4.13 per cent. Between 2004 and 2010, funding for home care increased from $1.2 billion to $1.76 billion, but during the same period the total number of clients increased from 350,000 to 586,000, a 40 per cent increase in funding for a 66 per cent increase in patients. The decline in the per-client funding has resulted in rationed and inadequate care for home care patients. Average per person funding for home care clients was $3,486 per client in 2002/3 and declined to $3,003 per client in 2008/9.

Rationing of care has been officially mandated since 1999 when the Ministry of Health issued service guidelines and later a regulation strictly limiting access to care. Rationing and poor access to care have persisted ever since. In response to public outrage over the caps, the government announced changes to rationing regulations in 2008, lifting the caps on people awaiting a long-term care bed and raising the cap for the first 30 days after discharge from hospital to 120 hours per month and 90 hours per month after 30 days. However, the OHC cites criticism by the Auditor General that caps were lifted without providing adequate funding to make this effective.

Targeting Seniors

The OHC report has an entire section dealing with the implications of the statement that "one per cent of the population that accounts for 34 per cent of our health care spending and the ten per cent of the population that accounts for nearly 80 per cent of our health care spending." This formula was first put forward by the Ontario Hospital Association, the hospital management organization, then promoted in the media by Drummond and most recently repeated by Health Minister Deb Mathews when she announced the Ontario Action Plan for Health Care.

Based on this formula, Drummond has proposed targeting cuts of up to 10-20 per cent on this one strata to reduce health spending by $800 million to $1.5 billion. OHC calls this proposal an attack on the most vulnerable, frail seniors, the ones most in need of care and the least able to afford to purchase required care. It targets health services to the neediest of patients without giving any consideration to their assessed needs or patient risk whatsoever. The OHC report denounces the claim Drummond makes that reducing care for seniors represents a "significant opportunity to achieve savings." This claim is made without any evidence that the services being provided are not needed or that there is a viable alternative to providing these services.

Drummond Commission an Abuse of Process

As well as opposing the measures being implement to reduce patient care, the OHC report also rejects the process being used in rolling out changes to Ontario's health care system. Executive dictate and secrecy marginalize patients, workers performing the services, the public and even the legislature from this matter of important public interests.

"The public has never been given opportunity to debate, nor provide any meaningful input into the restructuring plans underway for months behind the scenes. Ontario's Minister of Health has launched a new period of health reforms without benefit of a discussion paper, legislative debate, or public consultation of any kind. Basic parliamentary processes have been omitted, including the establishment of Standing Committees of the Legislature with proper pre-budget hearings open to the public across Ontario."

(The complete report First Do No Harm: Putting Improved Access and Accountability at the Centre of Ontario's Health Care Reform can be downloaded at: http://www.web.net/ohc/first-do-no-harm-pre-drummond-report-final.pdf)

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Battle for Toronto

Unite with City Workers to Defeat Ford Regime

On February 13, 6,000 City of Toronto outside workers, members of CUPE Local 416 ratified a contract proposal from the city. Details of the vote were not released because of ongoing negotiations between Local 79 and the city, but Local 416 says the contract proposals were ratified by a large majority of those voting. Two days later, the contract was approved by City Council with 35 of the 45 seat council approving the contract with no votes against. Several councillors boycotted the vote on the contract in protest against the anti-worker bargaining stance of the administration. Councillors involved in other disputes with Ford also absented themselves from the vote.

A spokesperson for Local 416 said that the contract included many concessions but had been recommended to the membership as the best that could be achieved in the present situation. The city had threatened to unilaterally put in place a new set of work arrangements effective February 12 if the union did not agree to its demands. These arrangements, announced by the administration in a press conference, included elimination of job security provisions, elimination of work rules and elimination of union dues check off.

Several of the measures in the Ford administration final offer against job security and work rules were modified in the final contract proposal. A summary of the new four-year contract has been released by Local 416 outlining the contract changes, including:

- pay raises of 4.5 per cent on the base rate in the last two years of the contract; a 0.5 per cent base rate increase and a 1.5 per cent lump sum in the second year; no wage increase the first year; and reduced benefits;

- protection against contracting out for workers with 15 years seniority; a reduction of current protection but greater protection than the 25 years service limit proposed by the city;

- reductions in bumping rights and job posting provisions, but reductions far above the free hand demanded in the city's previous offer; and

- an essential services agreement, which eliminates paramedics' right to strike without their inclusion in full binding arbitration; some conditions will be eligible for arbitration; some outstanding issues will go to arbitration.

Following the vote at City Council, Ford presented the contract with the outside workers in triumphalist terms. He called it a victory for "take it or leave it" bargaining, boasting that he had taken $100 million out of the workers' pockets, including $54 million from retirees' benefits. The monopoly media took up the hype about a total victory by Ford. Ignoring the boycott by opposition councillors, the media presented the council vote as "unanimous approval." Opposition councillors, however, called Ford's boasting about total victory "a wild exaggeration."

While Ford may have been successful on forcing concessions on the outside workers, the battle for Toronto is far from over. There is still widespread opposition to Ford's agenda of eliminating services, imposing user fees and privatization. This opposition will continue to grow as his agenda is implemented. As well, civic workers have no choice but to find ways to continue the struggle to defend their livelihoods and the services they deliver. Workers are realizing that new forms of struggle have to be developed to deal with the hooliganism of the Ford regime and the new situation confronting them.

At the press event organized by the Ford administration following the council vote on the outside workers' contract, the city's head negotiator Deputy Mayor Doug Holyday launched into an attack on the city workers in CUPE Local 79. Holyday said the CUPE Local 416 agreement and the same aggressive approach will be used as a template. Referring to the Local 416 negotiations, Holyday said, "This lets the other unions know we are dead serious about what we intend to do." This was immediately rejected by a CUPE spokesperson who said that Local 79 workers have their own situation and would not agree to any template based on city negotiations with other bargaining units.

Eighteen thousand Local 79 members serve as nurses, planners, clerks, social service employees, cleaners, court services staff, ambulance dispatchers, child care workers and as providers of other public services. Local 79 is Canada's largest municipal workers' bargaining unit and one of the oldest, with contracts with the city since 1941. The local has been engaged with the city in negotiations since November 2011. Negotiations were stalled by the city's refusal to hand over financial and payroll information to the union and its aggressive approach to bargaining. Talks have been continuing with dates set through February.

While union negotiators have kept a very low media profile, it is known that Local 79 is facing the same issues as Local 416 -- privatization, service cuts and job cuts. As these talks are ongoing, anti-worker measures previously approved for the 2012 city budget are being implemented. These include privatization and job cuts affecting Local 79 members within the terms of the existing collective agreement. On February 8 for example, the Toronto Police Service signed a $1.7 million one-year contract with a private cleaning company, eliminating 100 Local 79 members' jobs. Another 900 cleaning jobs in municipal buildings, daycares, social housing and long-term care facilities are also on the chopping block. Among those who could lose their jobs are Local 79 members who were hired to be cleaners as part of a poverty-reduction initiative.

Despite Ford's blustering, the Battle for Toronto is not over. It is still to be decided: Will Toronto be or go on being a city of the rich, the financiers, speculators and domestic and foreign monopolies represented by the Ford regime where workers and other people are powerless and degraded? Or will the workers' and people's fight continue to advance, to limit, defeat and reverse the Ford regime's agenda as part of Canadians' whole fight against neoliberal retrogression and monopoly right? The latter is the only acceptable outcome. At this time, this means above all uniting with the city workers in the ongoing struggle to defeat the Ford regime.

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Motion to Exempt Public Services from Free Trade
Deal Goes Before Toronto City Council

On February 13, a motion asking the Province of Ontario to exempt Toronto from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) went before the Executive Committee of Toronto City Council.

In documents submitted to the committee before its meeting and in interventions at the February 13 meeting, organizations such as the Canadian Environmental Law Association, the Good Jobs for All Coalition, the Toronto Food Policy Committee, the United Steelworkers, the Council of Canadians, and others presented well-documented arguments as to why the city should support this motion. Many of these arguments focussed on the effect of CETA on public services and on municipal procurement policies. The documents and a number of the presentations can be found here.

The Toronto Food Policy Council, a sub-committee of the Board of Health, for example, urged the executive committee to vote to exclude Toronto from CETA stating, "If Canada signs on to CETA progress made on food security and public health by City Council over the last decade would be threatened." "The city's local food procurement policy strengthens the local economy, supports local farmers and protects the local environment," it said.

The Good Jobs for All Coalition in its letter spoke to the importance of municipal procurement and further stated that "leaked documents from CETA negotiations also make clear that Canada is under increasing pressure to commit to trade rules that would encourage the privatization of public services (water, transit, energy, postal). European multinational corporations that have already dismantled publicly delivered transit, energy and water systems across the EU, now want to privatize Canada's remaining public services. This would lead to higher rates, weakened safety and environmental regulations, elimination of good-paying, accessible jobs."

Among the materials before the executive committee for its consideration was the resolution passed in December by Hamilton City Council which also asks the province to consider an exemption of the city from CETA and to take other measures to protect the powers of local municipalities to use public procurement, services and investment to create jobs, protect the environment and encourage local investment. A resolution passed by Kingston council was also included.

The background report by city staff explained CETA's impacts on the city as follows:

"The primary consideration for the City of Toronto (and many other Federation of Canadian Municipalities member cities) relates to sub-national procurement. The City of Toronto has used 'value-based procurement' to mandate that certain construction projects hire and provide apprenticeship hours to youth from priority neighbourhoods. The City also has a local food procurement policy to "reduce the greenhouse gas emissions associated with the provision of food purchased for City operations and facilities, and support local farmers."

Similar policies are employed by city agencies; in accordance with provincial requirements, Toronto Transit Commission policy states that transit vehicles procured using any sources of provincial funding must have at least 25 per cent Canadian content.

"Strategic procurement can also be used to help strengthen and expand Toronto, Ontario and Canada-based companies by 'pulling' locally developed innovative products and services into the marketplace, helping create local jobs and expand the tax base. Ontario's feed-in tariff program to develop renewable energy, for example, contains a local manufacturing content requirement."

Who CETA Serves

One paper presented to the City of Toronto executive committee -- by an organization called the "Canada Europe Roundtable for Business" -- was notable in its wholehearted support for CETA. It states that its membership consists of 115 CEOs who have "been actively involved in helping make CETA negotiations become a reality." These include monopolies such as ArcelorMittal, Rio Tinto, Kruger, Xstrata, Monsanto,Veolia Environmental Services, Manulife and a number of pharmaceutical monopolies such as Bayer, Pfizer, AstraZeneca, and Merck.

Amended Resolution on CETA Goes before City Council

Following the discussion in the Executive Committee a substantially rewritten resolution was adopted by the Committee and this resolution will go before Toronto City Council for approval on March 5. The revised resolution does not call for the province to exempt the City of Toronto from CETA. The resolution reads:

"That City Council:

1. Endorse the Federation of Canadian Municipalities' (FCM) seven principles for the Federal Government to apply to the Canada-European Union EU) Comprehensive Economic and Trade Agreement (CETA) and future trade deals

2. Encourage the Federal Government of Canada and the Minister of International Trade and Minister for the Asia-Pacific Gateway to continue consultation with FCM in order to address municipal concerns in relation to trade deals

3. Request the Province of Ontario to accelerate direct dialogue with City of Toronto officials to ensure that the City of Toronto's municipal rights are protected, with particular attention to:

a. The low procurement thresholds of $340,600 for goods and services and $8.5 million for construction

b. Local procurement needs

c. Dispute resolution mechanism

4. Communicate its position to the Federal Government of Canada, the Province of Ontario and the Federation of Canadian Municipalities.

Ontario Municipal Councils Pass Motions on CETA

In late 2011 a number of municipal councils passed resolutions raising their concerns about the effect of CETA on municipal governance and services. Resolutions passed by the councils in Hamilton, Stratford, French River, Township of Pelee, County of Essex and the Township of Alnwick/Haldimand request that the province issue a clear exemption either of their own municipality or of all municipalities from CETA. Other resolutions which call on the federal and provincial governments to respect the municipal sector's interests in ongoing negotiations with the EU and to adopt the guidelines put forward by the Federation of Canadian Municipalities and the Association of Ontario Municipalities were passed in Windsor, Mississauga, Brantford, Barrie, Kingston and Quinte West.

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Rights of Workers in Education

Workers Must Develop New Forms of Struggle
for the New Conditions


Ontario Colleges Strike, Algonquin College, 2006

As public sector workers are attacked in order to open space for privatization of public services, public sector managers are using aggressive new tactics in collective bargaining to suppress the workers' resistance. These tactics mirror the arrogant "take it or leave it" dictate that has become the method of international monopolies and other private sector employers to collective bargaining.

One of the tactics being used in public sector negotiations is to pretend the workers' union doesn't even exist. Management stops negotiating and simply declares that as of a certain date, new wages and conditions will be in effect -- take it or leave it. This was what the Ford hooligans did in the recent negotiations with the City of Toronto outside workers and what the College Employer Council did during negotiations with community college workers. The University of Toronto administration has adopted the same method in current collective bargaining with U of T teaching/research assistants.

To many workers, this seems like a violation of the aim of the Ontario Labour Relations Act (OLRA). In part, this perception is a result of the specious way the OLRA has always been promoted. But mostly this feeling of a violation taking place arises because workers can see that management has thrown the old way of doing things out the window. In fact, the OLRA has always been stacked in favour of the rich, but management is using their rights under the Act in a new way because there is a new situation in the struggle between workers and the rich.

This new situation is the intense global economic crisis and the retreat of the workers' movement under the pressure of this crisis. The rich are no longer interested in maintaining the equilibrium in labour relations established in the post-war period. They are gripped in crisis and are determined to resolve the crisis in their own favour with an aggressive offensive on wages, working conditions and union busting. Although it seems like this offensive is outside the perceived spirit of labour relations law, the OLRA not only allows the rich to carry on their assault on workers but also facilitates this assault by keeping workers' hands tied.

The OLRA has long been promoted as a legal framework which recognizes the rights of two equal parties, management and workers, and which ensures collective bargaining in good faith by both parties. If an agreement can't be reached, workers and management can test the validity of their respective claims in the market through a strike or a lockout. But as recent events show, management has another option within the OLRA besides the options of continuing to negotiate or a legal lockout. The OLRA allows management, after certain legal formalities are followed, to throw recognition of any collectivity of workers out the window and to begin dictating terms of work to individual workers.

The main elements of the current OLRA, as is the case for labour laws in most of the country, were established in the period toward the end of World War II and the immediate post-war period. This was a period of an unprecedented surge in the workers' movement. Millions of workers joined industrial unions and launched struggles for improved wages, working conditions and union recognition. In 1946-47 there were 2,992,00 days lost to the rich from strikes in Ontario, leading to the passing of the OLRA in 1950. From 1956-59 there were 4,470,000 strike days, leading to the revamping of the OLRA in 1960.

The aim of the labour law was to establish equilibrium based on containing the surging workers' movement so the rich could carry out their post-war expansion. The workers' movement was tied up with labour laws that minimized the strength of its numbers and organization while placing only minor restrictions on employers' right to do as they pleased. But in return, the workers were to receive a certain standard of living and security, both during their working lives and in retirement. Today in the new situation, the rich are no longer interested in an equilibrium and are pressing hard to drive down standard Canadian wages, eliminate pensions and bust unions.

In the public sector negotiations, management can gamble on a strike even more recklessly than the private sector since profits are not at risk and governments show no commitment whatsoever to ensuring public services. Strikes can even produce a windfall for public service budgets. More and more public sector employers are using their "take it or leave it" option under the OLRA against workers' resistance to job cuts, privatization and service reductions. Below is a brief outline how this option has been used in three recent public sector negotiations:

Community Colleges

In 2008 a new Colleges Collective Bargaining Act was passed to bring community college labour legislation in line with the OLRA. Previous to that, the terms of college collective agreements remained in place between one agreement expiring and the next one being signed. Now, after a No Board report, there can be a strike, a lockout or the colleges can simply declare new wages and terms of work as they please. The colleges immediately used this power in the 2009 negotiations with full-time and partial load faculty. Letters were simply sent out to all faculty stating the new wages and terms and the date they would take effect.

City of Toronto Outside Workers

The hooligan Ford administration took this aggressive method even further in negotiations with the 6,000 outside civic workers with the aim of clearing the way for increased privatization of services. City negotiators released the unilateral declaration of new wage, benefit and work rules to the media in a press conference and announced that the new terms would come into effect on February 12, the legal strike/lockout deadline. The new work rules included a complete gutting of job security, seniority and ending union dues checkoff.

University of Toronto

Four thousand graduate students employed as teaching/research assistants (TAs, RAs) have been negotiating with the University of Toronto for seven months to defend their minimal livelihoods from being reduced by the administration and to resist being forced to do more unpaid work for the university at the expense of their own research and studies. In
Rally for University of Toronto teaching and research assistants, February 16, 2012.
this case, the administration is using their "take it or leave it" option in an attempt to undermine the union. The administration sent all the TAs and RAs a letter announcing that new (hire) wages would be in effect from the time of the legal strike date along with unilateral changes to the work arrangements.

Workers can and are developing new forms of resisting these aggressive tactics of the rich arising from the new situation. Workers resistance and organization can ensure that the crisis is resolved in their favour.

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Letter to the Editor

I would like to thank Ontario Political Forum for informing people about the situation of graduate students represented by CUPE Local 3902 now that the administration of the University of Toronto has forced us into a countdown to a strike.

Over many years, an arrangement has developed under which graduate students are provided a minimal livelihood from public funds to continue their own studies and independent research in exchange for working for the university's professors as teaching assistants and as research assistants. The public good is served by these arrangements in three important ways: 1) most of the teaching of undergraduates is done by graduate students; 2) most of the innovative breakthroughs in research are made by graduate students; 3) higher education and research at the highest level is a possibility for all based on ability, not just for the sons and daughters of the rich.

The general public understands this arrangement, in which graduates are both students and employees of the university, as necessary to provide the society with scientific, technical and cultural progress and the other benefits of higher learning. What is not so well understood by the public is that the administration of the University of Toronto is trying to smash these long-standing arrangements with a very narrow cost-cutting approach to the relationship between graduate students and the university. Their approach amounts to a kind of vandalism that threatens one of the foundations of this important public institution and the services it provides to the society.

Graduate students see the vandalism of the U of T administration as part of the wrecking of public services that the rich and their political representatives are carrying out right across the broader public sector.

Public sector workers are defending themselves from these attacks and as they defend their livelihoods they are also defending the public services they deliver. The graduate students at the U of T, who are both students and employees of the university, are also determined to do our part in beating back the retrogressive attack on public sector workers and public services. We are defending our livelihoods from cuts by the administration. We are defending the innovative research we do and which society needs. We are defending the quality of higher education for ourselves, for future graduate students and for the public good.

University of Toronto graduate student

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