April 9, 2014 - Vol. 3 No. 22
Health Care Is a Right!
A New Blow Against the Liberals'
Version
of Austerity
Mass action at Ontario
Liberals' Annual General Meeting in Toronto, March 22, 2014.
Health
Care
Is
a
Right!
• A New Blow Against the Liberals' Version of
Austerity
• More than 56,000 Ontarians Vote to Stop the
Dismantling of Community Hospitals - Ontario Health Coalition
• Condemn Anti-Social Attack on Injured Migrant
Workers! - Philip Fernandez
Government Taking New
Powers to Impose Austerity
• Provincial Bargaining Legislation Passes
- Mira Katz
• Debate on School
Boards Collective Bargaining
Act
• Government Tables "Accountability" Legislation
- Dan Cerri
Health Care Is a Right!
A New Blow Against the Liberals' Version of Austerity
Ontario Political Forum
congratulates the Ontario Health Coalition for its extensive work in
organizing a referendum in which Ontarians voted against cuts to local
hospitals and the government's schemes to privatize public health care
by contracting out services. Votes took place in malls, farmers
markets, workplaces and other public places in communities across the
province. Fifty-six thousand Ontarians took a stand in the referendum
with the vast majority voting against the privatization of health care
and cuts to services.
In two weeks, hundreds of volunteers made it their
business to give Ontarians a chance to express their opposition to cuts
to their local hospitals and the
privatization of health care delivery being carried out by the Wynne
government.
In so doing they have exposed another aspect of the
austerity agenda which the Liberals are championing: the use of public
funds to pay for the delivery
of public services by private interests through contracting out, such
as health care, education and direct government
services.
The referendum follows similar votes in places such as
Niagara and Kingston where local activists for health care gave
residents a chance to take a stand
through the referendum and send a message to all governments and
parties
that they do not accept the privatization of their health care system,
nor cuts to hospitals
in the name of "efficiency."
The referendum is another stinging blow to the illegitimate austerity agenda being pursued by
the Liberals and the PCs. It shows that the working people
have their own demands and agenda, in this case for their right to
health care, and that they do not accept being told to give up their
fight for rights for fear
of electing the PCs as the Wynne government would have them do. This is
of importance given that the Liberals and PCs both hope to keep the
working people passive so either can pull off an electoral coup in a
coming general election.
Opposition to austerity is growing because the agenda of
the Liberals to turn over public services to private interests is a
fraud to hand over large amounts of public
funds to the rich. The Liberals claim that this is being done on a
trial basis, and only for certain procedures but it is aimed at trying
to get Ontarians to give
up their staunch opposition to the privatization of health care.
While the Harper government has openly destroyed the
Canada
Health
Accord to give itself more arbitrary powers over the
delivery and funding
of health care, no doubt in order to privatize it nationally,
provincial governments such as the Liberals in Ontario refuse to affirm
that health care is a right
that must be guaranteed by the society. Instead, they use the crisis
created by cutting funds from health care to pay the rich in order to
contract out public services,
thus paying the rich in other ways.
The private delivery of public health care removes
massive amounts of added-value from the economy in the form of profit
and lower wages and worsened
working conditions for health care workers. The claim that
privatization "reduces
costs" is a fraud as it merely shifts the costs onto the people as
private clinics nickel
and dime their patients and employees and push for the lowest standards
possible in order to maximize their returns.
While the Wynne government talks about accountability
and transparency it is to cover up that it is giving itself more and
more arbitrary powers to attack
public services and the workers who provide them in order to push an
illegitimate austerity agenda the people clearly do not accept. The
whole exercise of the
referendum has put another dent in the attempts of the Liberals to
present their version of austerity as "fair" or "progressive."
More than 56,000 Ontarians Vote to Stop the Dismantling
of Community Hospitals
- Ontario Health Coalition, April 7, 2014
-
Ontarians
"passionate"
about
stopping
the
contracting
out
of their local public
hospital services to private clinics
Over the last two and a half
weeks, hundreds of volunteers with the Ontario Health Coalition have
opened public voting stations to collect opinions
about the government's plan to cut services from local community
hospitals and contract them out to high-volume private clinics. Ontario
residents were invited
to vote for one of the following statements:
- I support our local public hospitals. I do not want
the government to cut our services or contract them out to private
clinics.
- I support cutting services from our local public
hospitals and contracting them out to private clinics.
On Saturday, April 5, more than 100 voting stations were
staffed by volunteers in stores and local businesses in towns and
cities across Ontario. Ballot boxes
were taken to churches and faith institutions, legions, and service
clubs. In the two weeks leading into the street votes on April 5, more
than 200 workplace
votes were held in auto plants, manufacturing companies, hospitals,
pharmacies, schools and many more. Over the last month, thousands of
volunteers have
taken leaflets door-to-door in towns and cities in every region of
Ontario.
Results of the Volunteer-Led "Referendum"
- 56,005 votes were cast in total.
- 55,767 voted in favour of supporting local public hospitals and
stopping the private clinics.
- 107 voted for private clinics.
- 131 spoiled ballots.
- More than 400,000 leaflets on the issue were distributed door-to-door
and at mall tables, farmers' markets and in workplaces across Ontario
over the last
four weeks.
- More than 200 workplace votes were held.
- More than 100 voting stations were open from Thunder Bay to Windsor
to
Peterborough and in between for the street votes on Saturday.
"I don't see how the government can ignore more than
56,000 Ontarians who in two short weeks voted to stop the private
clinics," said Natalie Mehra, executive
director of the Ontario Health Coalition. "We tried to create a
democratic forum so that people could choose whether or not they wanted
private clinics and
have their say. We were overwhelmed by the response. People have been
emailing and calling us all weekend demanding to have a chance to vote
to protect
their local hospitals. Almost no one is in favour of private clinics."
"We went to the mall and every day we got hundreds of
votes," said Felicia Fahey, co-chair of the Sudbury Health Coalition.
"Of 800 votes at this one
voting station, only two voted for private clinics. People couldn't
vote fast enough to save our local public hospitals. This is an issue
that everyone is passionate
about."
"I went to a private clinic and they tried to charge me
money for services," said Trish McAuliffe, co-chair of the Durham
Health Coalition. "The
government's plan to cut our local public hospital services and
contract them out to private clinics is a threat to single-tier public
health care. People are deeply
opposed about the government's plans."
Background
After learning that the Ontario government plans to cut
local public hospital services and contract them out to private
clinics,
the Ontario Health Coalition met with government officials to raise
serious concerns about private clinics charging user fees to patients,
quality & safety issues,
inappropriate billings, poor governance structures, worsening of
staffing shortages in hospitals, destabilization of hospital budgets
and the impact on patients
who will have to travel further to high-volume centres for services.
The government would not stop the private clinics plan, though it has
an easy solution of
setting up such clinics under the public governance of local hospitals.
So the Ontario Health Coalition working with thousands of volunteers
has organized a
volunteer-led cross-province referendum.
Since mid-March, concerned individuals have distributed
leaflets door-to-door, in local community agencies, in businesses and
churches and temples. Over
the last two-weeks, advance polls have been held in workplaces,
businesses, schools and universities. Voting stations in local
businesses were open on Saturday
in cities across Ontario.
Regional Results
Votes were received from all across Ontario. Vote
tallies for specific towns are as follows:
- Chatham Kent -- 735 for public hospitals
- Durham -- more than 1,100 for public hospitals.
- Guelph -- 865 for public hospitals; 2 for private clinics; 2 spoiled
ballots
- Hamilton -- 1,437 for public hospitals, 2 spoiled ballots
- Kitchener-Waterloo -- 2,968 for public hospitals; 5 for private
clinics
- London -- 8,164 for public hospitals; 16 for private clinics; 64
spoiled ballots
- Niagara -- 2,039 for public hospitals
- Ottawa -- 1,829 for public hospitals; 4 for private clinics
- Peterborough -- 4,596 for public hospitals; 2 for private clinics; 3
spoiled ballots
- Sarnia -- more than 1,500 for public hospitals
- St. Marys - more than 450 for public hospitals
- Sudbury -- 5,157 for public hospitals; 13 for private clinics; 11
spoiled ballots
- Thunder Bay -- 1,890 for public hospitals
- Windsor -- 11,511 for public hospitals; 55 for private clinics; 29
spoiled ballots
These results are in addition to thousands of votes from
all over Ontario ... [For full list
click here.]
For more information please call Natalie Mehra executive
director 416-230-6402 (cell) or Kim Johnston director of campaigns
647-381-7025 (cell)
416-441-2502 (office); français Sue Hotte 905-932-1646.
Condemn Anti-Social Attack on
Injured Migrant Workers!
- Philip Fernandez -
In Ontario not only are injured workers who are Canadian
citizens or
permanent residents denied their rights as part of "cost saving and
efficiencies" and
condemned to a life of poverty and insecurity, migrant workers who are
injured cannot even access the Ontario Health Insurance Plan or other
basic services
to which they are entitled as human beings.
On April 1, the Ontario Divisional Court ruled in
favour of the Ontario government and its policy of denying workers who
come to Canada under
the Seasonal Agricultural Worker Program (SAWP), the right to health
care once their work contract is ended for the season. This is a
barbaric ruling and the
Wynne government and its Ontario Divisional Court stand condemned. A
government like the Wynne Liberals which can take such a callous
attitude
toward
injured migrant workers cannot be relied on to protect the interests of
Ontarians on any matter.
Justice Ian Norheimer wrote in his decision that: "When
the work permit expires, the person's employment is legally at an end"
and that Ontario is no longer
obligated to provide OHIP coverage under the SAWP which is a
federal program.
Kenroy Williams and
Denville Clarke are two agricultural
migrant workers from Jamaica who were injured on the job when their
employer's van
overturned, killing one and
injuring several workers in August 2012. They remained in Canada with
the assistance of legal aid and the support of their allies to demand
their right to health
care and to return to their families in full health. They appealed to
the Health Services Appeal and Review Board which ruled in their
favour, which then
triggered the Wynne government's appeal.
The fact that the Wynne government appealed the decision
of the Health Services Appeal and Review Board shows the utter contempt
it has for workers
and their rights. This case illustrates the new lows to which the
Ontario government will stoop to deny Kenroy Williams and Denville
Clarke basic health care.
These men are but two of the tens of thousands of migrant agricultural
workers who come to Canada and contribute billions to the Ontario and
Canadian
economy, pay taxes, contribute to employment insurance and the Canada
Pension Plan etc. but are denied the right to access these services. It
is
unconscionable.
In his ruling Judge Norheimer noted: "Before leaving
this issue, I will say that, if there is a gap in the parameters of
the SAWP that do not ensure health
care coverage for seasonal workers who are required to remain in
Ontario for legitimate medical reasons after the expiration of their
work permit, then that gap
should be filled either by requiring the employees to obtain
supplemental health insurance or through an agreement negotiated
between the Federal and Provincial
governments." In other words, either workers should be forced to fend
for themselves, or governments should make their right to health care a
new policy
objective rather than guaranteeing that everyone in Canada has the
health care they require to live a dignified life.
Health care is a basic right, and should not be
conditioned on status or any other consideration. When a worker or
anyone is injured, health care must be
available immediately to ensure that there is minimum suffering and
that the patient is returned to full health as soon as possible. The
Wynne and Harper
governments' abuse of these two Jamaican citizens working in Canada
shows the necessity to establish a new and modern constitution in
Canada where the
right to health care is provided with a guarantee and governments
established whose social responsibility is to affirm these rights,
rather than
actively seeking to violate them.
Ontarians must demand that Williams and Clarke be
compensated for their suffering, including by receiving full medical
care to ensure that they are fit
to return to their families in dignity as well as being reimbursed for
whatever financial losses they have suffered. Furthermore, Ontarians
and all Canadians
should demand that the SAWP, which is a vehicle to bring
migrant workers from Latin American, the Caribbean and other places to
be exploited and
abused, be scrapped. If workers are needed in the agricultural sector
in Canada they should have the right to come as immigrants and be
domiciled here in
Canada if they so desire.
Government Taking New Powers to Impose
Austerity
Provincial Bargaining Legislation Passes
- Mira Katz -
Bill 122, the School Boards Collective Bargaining
Act, 2013 was passed at third reading on April 8 by the
Liberals and NDP with
a vote of 59 to the PCs' 34 votes against the legislation.
As a result of the minority government situation, the
Liberals were unable to pass the legislation without amendments. In its
original form, the bill
gave the Minister of Education broad arbitrary powers in almost
all aspects of provincial bargaining, while not requiring the
government to be a
full party in the negotiations, nor subject to important
responsibilities under labour relations law. Despite the amendments,
the legislation still permits the government
to usurp power from local school boards and unions and reaffirms
parameters for
arbitrators which will be used to push austerity when disputes arise
between the parties to negotiations.
The Act makes provincial bargaining mandatory for
teachers and optional for non-teaching support staff and sets out how
this will take place. It gives new
powers to the government to intervene directly in collective bargaining
and at the same time legislates a transfer of power from local to
provincial bodies for
provincial bargaining that is applicable to both unions and school
boards. A trend that was established on a voluntary basis has now been
made mandatory, with
the government taking more control for itself in the new legislation.
The parties to central (provincial) bargaining under
the Act are provincial trustee associations as employer bargaining
agencies and provincial unions as
employee bargaining agencies, with the government (Crown) required to
participate as well at central tables that are mandated (for teachers)
or created by
regulation (for other, non-teaching employees) at the request of a
union or unions that have met certain conditions.[1]
The Crown's authority to participate extends to any or
all of conciliation, mediation and arbitration processes for settling
disputes
over central issues.
The scope of central
bargaining is
to be determined by the parties at the central table and the Crown
through negotiation. If they cannot agree, either party or the Crown
can refer the matter to the Ontario Labour Relations Board (OLRB) for a
decision, subject
to criteria established by the government and stipulated in the Act,
including the extent to which the matter "could result in a significant
impact on the
implementation of provincial education policy" or "on expenditures for
one or more school boards." In other words, those issues which relate
to
expenditures
of school boards, which could be almost anything, can in the end be
mandated for central rather than local bargaining by an arbitrator
based on the parameters
legislated for arbitrators to follow.
If parties to local bargaining (i.e., a school board and
a
union) cannot agree on whether a matter should be dealt with locally,
it must be passed to the central
table for the parties at that level and the Crown to decide.
Centrally negotiated terms must be ratified by the
parties and be agreed to by the Crown.
The Crown must also agree to any revision of terms to a
central agreement that the other two parties may wish to make at a
later date, after ratification
has taken place.
The Crown can authorize by regulation that Notice to
Bargain be given by either party up to 180 days prior to the date a
collective agreement ceases to
operate, twice as long a period as currently required under the Ontario
Labour Relations Act (OLRA).
Unions and employers will now have to give at least five
days' written notice to the other party and in the case of central
bargaining, to the Crown, before
engaging in a strike or lockout. This means that the government would
have ample time to draft and impose back-to-work legislation if it so
decided, rather
than negotiate.
Five days' notice must also be given if an employer
intends to alter any terms or conditions of employment considered local
matters where this type of
action is permitted under the OLRA.
The legislation establishes that the term of collective
agreements will be three years, beginning on September 1 of the year
existing contracts cease to operate,
unless the Crown through regulation arbitrarily decides to impose a
two-
or four-year term instead.
In the event of arbitration to resolve a dispute with
respect to central bargaining, the legislation spells out parameters by
which an
arbitrator or arbitration board must
be guided in coming to a decision. These factors clearly lay out the
ability of the government to invoke austerity to have a settlement
imposed based on
its austerity parameters:
1. The school boards' ability to pay in light of their
fiscal situation.
2. The extent to which services may have to be reduced,
in light of the decision or award, if current funding and taxation
levels are not increased.
3. The economic situation in Ontario.
4. A comparison, as between the employees and other
comparable employees in the public and private sectors, of the terms
and conditions of employment
and the nature of work performed.
5. The school boards' ability to attract and retain
qualified employees.
The first three criteria, generally referred to as "the ability to pay" represent a new
restrictive imposition on non-teaching support staff. There are no such
"ability to pay" criteria in the OLRA which governs non-teacher
collective bargaining. The criteria are however referred to in the Education Act
which governs
teacher collective bargaining. Whether or not it is required by statute
for arbitrators to be guided by "the ability to pay" it would be
naïve to suggest that
government and other public sector employers do not have ways to exert
influence on the "independent" arbitration process when it comes to
deciding compensation, working conditions and certain other matters in
the sector. Recent decisions by the Chair of the Labour Board declaring
the coordinated
withdrawal of voluntary and extra-curricular activities by teachers a
"strike" and rulings in other disputes occasioned by the illegitimate
imposition of contracts
with Bill 115 are a case in point.
Another new restriction applied to support staff in the
legislation is that no agreement can be entered into that extends the
term
or any provisions of a collective
agreement beyond its term of operation. While this language is in the Education Act, it
is not in the OLRA which governs collective
bargaining for non-teaching
employees.
New Rules Usurp Authority
of Local School Boards
Local unions are not the only ones to have their powers
usurped under the Act. Local school
boards have in some ways seen their authority diminished even more. For
example, employer bargaining agencies acting for school boards cannot
exercise
full employer rights for central bargaining in that they require prior
consent from the Crown before they can:
- refer a matter in dispute to binding arbitration;
- agree to/require a school board to lock out
employees;
- alter wages or any other central terms of employment
either by agreement with an employee bargaining agency or unilaterally
during the times such
changes are allowed under Section 86 of the OLRA;
- apply to the OLRB for a vote of employees to accept
or
reject a particular offer (which must first have been approved by the
Crown and rejected by the
employee bargaining agency) with respect to central terms;
- agree to the settlement of a grievance over the
interpretation of central terms;
- enter a complaint under the Labour Relations Act regarding an
unlawful strike.
A trustee association or council can also be replaced
with a government-created committee empowered to act on its behalf
until central bargaining is
completed if in the government's opinion, it has "reasonable grounds"
to believe the association or council is "unwilling or unable to
exercise the rights and
privileges and perform the duties assigned to it under the Act."
In the past a provincial trustees' association could
walk away from a voluntary central table, as happened during the
lead-up to Bill 115 and after its
imposition. This caused a crisis of legitimacy for the government, with
representatives of the employers not even at the table -- something
required for collective
bargaining. The government appears to have "fixed" the situation
legislatively by forcing the trustee associations as employer
representatives to remain at the
central table, or be dismissed and replaced with a more compliant
government-appointed body.
The legislation also requires local school boards to pay
fees to their legislated employer bargaining agency (provincial trustee
association) or risk being
penalized by being excluded from participation in voting. This seems to
be directed at the Toronto District School Board which had been
withholding its fees,
reportedly because trustees felt their provincial association, the
Ontario Public School Boards' Association, was not effectively
representing their interests.
To see a copy of the Act as amended click here.
Note
1. Under the legislation, the Minister must make a
central table available for a specified round of bargaining to a union
representing non-teaching
employees that requests it as long as certain conditions are met: The
request must be made on behalf of at least 15 bargaining units
that comprise at least
two-thirds of all bargaining units and two-thirds of the membership of
all the non-teaching bargaining units for which the union is the
bargaining agent. The
arrangement is also possible for an entity (a council of unions, for
example) if the bargaining agents for at least fifteen bargaining units
have vested it with the
authority to act on their behalf as an employee bargaining agency.
Likewise, the government may designate a council of
trustee associations as the employer bargaining agency to negotiate at
a central table with an employee
bargaining agency representing non-teaching employees.
Debate on School
Boards Collective Bargaining Act
On April 7 debate at third reading on Bill 122, the
School Boards Collective Bargaining Act took place in the
Legislature.
Education Minister Liz Sandals opened debate giving an
overview of the amendments the government agreed to make, highlighting
that
through consultations with
education "partners" a number of changes to the legislation had been
permitted. She highlighted areas where ministerial prerogative to
dictate at the central table
was curtailed. She presented the amendments as proof that the
government listened to stakeholders in education. However, she failed
to
explain why the
government had first included such vast arbitrary powers for the
Minister of Education, especially after the
experience with Bill 115. Of note,
however, was that in terms of dispute resolution when negotiation does
not
lead to an agreement, the government left in
broad restrictions
on arbitrators which force them to decide within parameters that can be
rigged by the
government to get the result it wants, parameters such as "the economic
situation in Ontario"
and a board's "ability to pay" amongst others. It was these broad
parameters on which the government based its use of Bill 115, claiming
that it needed to violate
teachers' and education workers' rights in order to resolve the
"economic
situation in Ontario," meaning to free up $1.8 billion pay the rich in
various ways.
Of importance for how teachers and education workers now
organize under the new legislation, the Minister made a point of
stating at two different times
during her only intervention at third reading that the legislation was
required because the government intends to continue its bogus
"restraint" period in the new
round of negotiations:
"At one time, this ad
hoc process worked: when
investments in education were increasing. But we are currently facing
fiscal restraints, and we need a
process that can weather the significant challenges of our current
economic climate. That is why we need this groundbreaking legislation.
It will replace a
voluntary process with a clear legal framework and with clearly defined
roles and responsibilities for all parties during negotiations. It will
also make it
mandatory for the government, as the funder of public education in
Ontario, to have a prescribed role where it participates at every
central table during collective
bargaining.
"It is also essential that we pass Bill 122 quickly,
since virtually all collective agreements in the education sector
expire in August of this year. The next
round of bargaining is upon us, and a model that stipulates the
government's role at the central table will be of vital importance,"
she said.
In an interview with the Globe and Mail on April 8 she
reiterated the fact that the government intends to pursue cuts in
education to pay the moneylenders stating:
"We still have this nasty detail called the provincial
deficit that we have to worry about -- so [the legislation] doesn’t
make
the underlying fiscal situation any easier, the context is still
there," Ms. Sandals said.
PC Education Critic Rob Leone focused his remarks on
trying to paint the PCs as representatives of parents and students in
opposition to teachers and
education workers and school boards. He did not explain why teachers
and education workers would also not be considered parents of students
in his attempts
to pit their unions against parents and students. He emphasized that
the PCs wanted to see the legislation used to make voluntary
extra-curricular activities part of the job description of teachers and
that this was consistent
with requests from the Catholic School Trustees' Association as
well as the Ontario
Labour Relations Board:
"[...] I can say on behalf of the Ontario PC caucus that
I think it's a good thing to have a process that is outlined, that is
written out, that is discussed, that
is debated amongst partners in the negotiation process. There is some
merit to doing this. I'm not going to disagree. But when it comes time
to standing up
for parents and their kids, we need to have a serious conversation
about doing that. The problem is that even though we made that case and
we pled and pled
and pled about using this opportunity to provide some assurance to
parents, to provide some assurance to their kids that their
extracurricular activities were going
to remain in our schools, the government not only failed to listen but
they ultimately decided to shut us down, to close debate, to allocate
us out of our time
so we could no longer make that point," Leone said.
NDP Education Critic Peter Tabuns explained that the NDP
had put forward almost 50 amendments based on feedback it had received,
indicating that 21 were accepted by the government. Many teachers' and
education workers' unions expected that the NDP would bring forward
amendments the unions
wanted in the hopes that they would be accepted by the
government. Many of the unions and trustee associations also made their
concerns known at the committee hearings into Bill 122 as well. Tabuns
stated:
"[...] Over the past several months, we in the NDP have
worked closely with stakeholders and, together, we were able to press
the government to amend
this bill significantly. We made important changes to this bill. It is
not perfect; that is clear. But it is a better piece of legislation
now, and we will be supporting
it in third reading.
"We drafted 48 amendments. We were able to press the
government to accept 21 amendments in total to their own bill,
including amendments moved by
our caucus. That, in our opinion, is a substantial win for the people
of this province and the stakeholders in the education system. I think
it's another example
of how the NDP has been able to get results for people and hold the
government accountable," he said.
"[...]There was one area where we did not get the
support of the government, and that was with regard to section 37 of
the bill, which states that an arbitrator
shall resolve disputes by taking into consideration:
- school boards' ability to pay;
- the extent to which services may have to be reduced,
in
light of the resolution, if taxation levels are not increased;
- 'the economic situation in Ontario;'
- a comparison of 'comparable employees in the public
and
private sectors;' and
- 'the school boards' ability to attract and retain
qualified employees.'
"Frankly, we believe that those criteria should have
been
struck out or at least amended to also require the arbitrator to take
into consideration 'the need to
establish compensation and other terms and conditions of employment
that are fair and reasonable in relation to the qualifications
required, the responsibility
assumed and the nature of the work performed.' We believe that our
proposal was very reasonable and fair, and simply asked that the work
performed by
teachers and education workers be taken into consideration when an
arbitrator makes a decision. It is unfortunate, in my mind, that the
PCs and the Liberals
joined together to defeat that amendment put forward by us. That is
regrettable.[...]," Tabuns added.
Despite the NDP's support being necessary for the
Liberals to pass the bill, the NDP was not willing
to withhold its support to have its amendment included that would have
removed or neutered the pro-austerity restrictions on arbitrators. With
these restrictions in place, the Liberals, or whoever forms
government,
will likely use the
threat of an arbitrated settlement under these parameters to
try to force teachers and education workers to accept austerity
"voluntarily." The problem
for whoever forms government however is that teachers and education
workers have shown that they are not prepared to voluntarily accept
austerity and
the violation
of their rights that comes with it and are taking political
action in elections to defend their rights. The changes to the
legislation reveal that the working people are favoured by keeping the
parties in the minority situation so they are forced to negotiate
due to the contradictions between them. However, they also reveal that
the working people have to continue developing their own independent
politics to actually reverse the austerity agenda, rather than
just block certain aspects of it, while other means are then used to
achieve the
same retrogressive aims.
Government Tables "Accountability" Legislation
- Dan Cerri -
In the face of growing opposition, the Wynne government
continues its attempts to make everyone, especially those in the public
sector, fall in line with
its anti-social austerity agenda by tabling new legislation to regulate
public institutions.
The government tabled Bill 179, the Public Sector
and MPP Accountability and Transparency Act, 2014 on March 24. It
is an omnibus bill
containing 10 new or amended bills which the government claims will
strengthen political accountability, enhance oversight, and increase
transparency in the
government and the broader public sector. At the same time as it
implements austerity to facilitate privatization, the government faces
corruption charges from which
it is trying to divert attention by introducing measures for
administrative accountability rather than measures that would deal with
the lack of empowerment
of the people.
The bill would extend the powers of the Ontario
Ombudsman to municipalities, school boards and government-assisted
universities establishing "must-comply" rules including fines for
non-compliance, and required
reporting of information by employers and officials.[1]
It also creates
a Patient Ombudsman
to respond to patient complaints against public hospitals, long-term
care homes and community care access centres, as if the problem lies
with health care
workers and not the government's refusal to guarantee health care as a
right for all.
The bill also represents a continuation of the
government's austerity agenda by implementing compensation limits for
public sector executives. In doing
so, the government is suggesting that it's agenda is "fair" in that
everyone must accept attacks on their wages and working conditions. It
is paving the way for
more attacks on all public sector workers by making an example of
executives in the public service, as well as MPPs themselves.[2]
The Liberals are trying to hide the fact that it is the
austerity agenda itself which is corrupt. Making it more transparent
will not change this fact. Meanwhile,
the PCs try to expose corruption so they can replace the Liberals
as the champions of austerity. They talk about accountability and
transparency for purposes
of hiding that the whole direction serves narrow interests. They also
attempt to divert working people from taking up their own agenda and
instead get them
embroiled in a debate over who is or is not corrupt or when an election
will be called. It all serves to restrict working people to act within
the
agenda of the ruling
circles.
As demonstrated by the votes of the people against
attacks on health care in the recent referendum, as well as strike
votes by public serveants, the people
are saying No! to austerity and privatization and all those who
champion this agenda for society.
Notes
1. The Act introduces new powers for the Provincial
Advocate for Children and Youth, the Integrity Commissioner with the
ability
to review executive expenses, and the Registrar to provide guidance and
direction on lobbyist conduct, and the power to prohibit lobbying for
up to two
years.
2. The Broader Public Sector Executive Compensation
Act, 2014 stipulates that public sector employers must adhere to
nature of the framework
of the bill which is to "limit the compensation and payments and
elements of compensation and payments that may be provided to
designated executives,
including salaries, salary ranges, benefits, perquisites, discretionary
and non- discretionary payments, payments payable on or in connection
with termination,
performance plans, incentive plans, bonus plans, allowances and any
other form of remuneration."
The Act would also allow the minister to request reports
be made by employers to show compliance with the Act, with penalties
up to $5,000 for those
that do not. The sectors that fall under this new Act are hospitals,
institutions that fall under the Education
Act, universities, colleges,
Hydro One, Ontario Power
Authority, Ontario Power Generation, and all community care access
corporations under the Community
Care Access Corporations Act, 2001. It
affects all
executives unless they fall under a bargaining unit.
Finally, the bill requires MPPs to post their expense
information online and requires the Speaker of the Legislature to
publicly post online
all MPP expense information.
It also requires public institutions to securely retain records and
requires broader public sector organizations to publish their business
plans and other relevant
financial documentation.
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