TORONTO (January 25,1995) - In a letter to Progressive Conservative Party leader Mike Harris, Fp president Robert Metz encouraged him to adopt as much of a policy paper entitled "The Right To Work" as possible. Produced by the Progressive Group For Independent Business (PGIB), the policy paper advocates a "right to work" law that "guarantees that no person can be compelled as a condition of employment, to join or not to join, nor to pay dues to a labour union."

"Our own party has advocated freedom of association within labour relations since its official registration in 1984," said Metz in his letter to Harris, "and like the PGIB, we abhor the concept of being compelled to join a labour union as a condition of employment. I hope that you may be able to stress, in your advocacy of the right to work, that freedom of association exists only where CHOICE exists, and that the 'freedom to associate' must include, by definition and by right, the freedom NOT to associate."

In response to Metz's concerns, Elizabeth Witmer (MPP, Waterloo North) replied on Harris' behalf, stressing that "The Ontario PC Party's first priority with respect to the labour relations system in our province is to repeal Bill 40."

In addressing the concept of a "right to work" as defined by the PGIB, Witmer offered only a disclaimer stating that "consideration of 'Right to Work' legislation must also be done with due regard given to the legal implications of the 1946 Supreme Court decision establishing the 'Rand Formula' and the recent Supreme Court of Canada decision (Lavigne v. Ontario Public Service Employees Union) upholding the validity of this formula under the Charter of Rights and Freedoms."

Since both the Rand Formula and the Lavigne v. OPSEU decisions clearly support and legally enforce the concept of being compelled to join a labour union as a condition of employment it remains a mystery as to how the PCs could possibly entertain any right to work policies, if they intend to do so within a framework that denies this right from the outset.

"Following the repeal of Bill 40," says Witmer, "the Ontario PC Party intends to undertake just such a broader review of the labour relations system and would be willing, as part of this consultation process, to consider any ideas for the improvement of the system."

Witmer's response makes it abundantly clear that the Progressive Conservatives will NOT be able to improve Ontario's labour relations system," responds Metz. "Their reluctance to adopt a principled stand on this very fundamental issue, and their reliance on the 'consultation process to consider any ideas' is indicative of a political party with no fixed direction or philosophy. No one has asked them to break any laws. As a political party, it is their mandate to work hard to CHANGE those laws with which they disagree and to lot the public know where they stand with respect to these issues."

Unless such fundamental issues are addressed, the repeal of labour legislation like Bill 40 will be a minor victory, given that it can easily be replaced by other forms of legislation that seek the same end. In the absence of a 'right to work,' employees and employers will inevitably continue to have the conditions of their employment relationships largely predetermined by governments and unions.

GET THE DETAILS! Copies of Metz's letter to Harris, and Witmer's response on Harris' behalf, are available to Fp members and supporters on request.

e-mail

Page last updated on April 28, 2002