1975

CAN

323

Vol. LXXXIII, 2000, Series B, No. 3

Nov.
2000

45. During its last examination of this case at its June 2000 meeting, the Committee again urged the Government to take the necessary measures to amend the legislation concerning community participation activities, in particular to extend to persons involved in such activities the right to organize. The Committee also requested that legislation be amended to ensure that full collective bargaining below the provincial level in the construction industry be adequately provided for, which may be initiated by either the workers' or employers' representatives at any stage of the project [see 321st Report, para. 118].

46. In a communication dated 17 August 2000, the Government reiterates its earlier comments with respect to the legislation concerning community participation activities, to the effect that the legislation does not violate the freedom of association standards and principles. Regarding collective bargaining in the construction industry, the Government states that the framework for project agreements set out in Bill 31 is the Government's response to requests from industry stakeholders to improve competitiveness in the construction industry, and is essentially an adjustment to the provincial collective agreement as agreed upon by labour and management. The Government enumerates the key features of the framework: (i) a project agreement will set the terms and conditions of employment for employees hired to work on the project, and these terms and conditions will apply instead of the province-wide industrial, commercial and institutional agreements; (ii) once the opportunity for a project becomes clear, the owner will initiate the process of negotiating a project agreement if, in its view, it is economically significant; (iii) the project agreement will be agreed upon in a democratic manner: local unions, who will be supplying labour, and owners/managers will negotiate the agreement; if at least 60 per cent of the local unions approve the agreement, it would be binding with respect to all work on the project within the jurisdiction of the local unions who were given notice of the negotiations; (iv) once an agreement is approved by the required majority, a union that did not approve will be able to object if the agreement forced its members to accept disproportionate wage and benefit concessions; the agreement could also be challenged by parties voting against it or those who did not vote if proper procedural requirements were not followed; and (v) strikes and lockouts would not be allowed for the duration of the agreement.

47. The Committee must again express its regret that the Government continues to rely on its assertion that the legislation concerning community participation activities does not violate the standards and principles of freedom of association, despite the fact that this legislation denies the workers concerned an indispensable element of freedom of association, namely, the right to organize. The Committee, therefore, strongly urges the Government to take the necessary measures to amend the legislation concerning community participation activities, and to extend to persons involved in such activities the right to organize in accordance with the principles of freedom of association in general and the provisions of Convention No. 87 in particular. The Committee again requests the Government to keep it informed in this regard.

48. With respect to Bill 31, the Committee takes note of the information provided by the Government. While the Government clarifies that negotiations do take place in the determination of the project agreement, it also confirms that it is only the owner who is entitled to initiate such negotiations. The Committee recalls that, according to the principle of free and voluntary collective bargaining, the determination of the bargaining level is essentially a matter to be left to the discretion of the parties. The Committee, therefore, again requests the Government to take the necessary measures to amend the legislation to ensure that collective bargaining in the construction industry, below the provincial level, may be initiated by either the workers' or employers' representatives at any stage of the project. The Committee again requests to be kept informed in this regard.

1975

CAN

324

Vol. LXXXIV, 2001, Series B, No. 1

Mar.
2001

27. The Committee examined this case at its May-June 1999, June and November 2000 meetings [see 316th Report, paras. 229-274; 321st Report, paras. 103-118; 323rd Report, paras. 45-48, respectively]. At its November 2000 meeting, the Committee strongly urged the Government to take the necessary measures to amend the legislation concerning community participation activities in order to extend the right to organize to persons involved in such activities. The Committee also reiterated its request that the Government take all the necessary measures to amend the legislation to ensure that collective bargaining in the construction industry, below the provincial level, may be initiated by either the workers' or employers' representatives at any stage of the project.

28. In a communication of 8 January 2001, the Government asserts with respect to the legislation concerning community participation activities that it does not violate the principles of freedom of association and "at this time, it is not the intention of the Ontario Government to amend Bill No. 22". Concerning collective bargaining in the construction industry, the Government states that "the Government's position remains that Bill No. 31 does not impede free and voluntary collective bargaining, and that amendments to the legislation are not required". In the context of the legislation governing collective bargaining in the construction industry, the Government notes that the Labour Relations (Amendment) Act, 2000 (Bill No. 139) was recently passed into law and clarifies that project agreements may apply to multiple or future projects developed within the term of the agreement. Bill No. 139 also indicates that project agreements cover non-construction work on a project. The Government forwarded a copy of Bill No. 139 under cover of a communication dated 11 January 2001.

29. The Committee deeply regrets the Government's staunch refusal to consider the Committee's recommendations concerning the need to amend Bills Nos. 22 and 31 in order to bring them into conformity with freedom of association principles. With respect to community participation activities, the Committee strongly urges the Government to take the necessary measures to ensure that those involved in such activities are no longer denied a fundamental right, namely the right to organize, and again requests the Government to keep it informed in this regard. With respect to Bill No. 31, the Committee notes the recent amendments arising out of Bill No. 139; however, in the view of the Committee, these amendments do not address the concerns previously raised. The Committee therefore again requests in the strongest terms the Government to take the necessary measures to amend the legislation to ensure that collective bargaining in the construction industry, below the provincial level, may be initiated by either the workers' or employers' representatives at any stage of the project, and to keep the Committee informed in this regard.

1975

CAN

325

Vol. LXXXIV, 2001, Series B, No. 2

Jun.
2001

96. Finally, as regards Cases Nos. 1512/1539 (Guatemala), 1618 (United Kingdom), 1843 (Sudan), 1849 (Belarus), 1851 (Djibouti), 1877 (Morocco), 1880 (Peru), 1884 (Swaziland), 1890 (India), 1895 (Venezuela), 1922 (Djibouti), 1937 (Zimbabwe), 1938 (Croatia), 1939 (Argentina), 1942 (Hong Kong Special Administrative Region, China), 1952 (Venezuela), 1953 (Argentina), 1957 (Bulgaria), 1959 (United Kingdom/Bermuda), 1961 (Cuba), 1966 (Costa Rica), 1967 (Panama), 1975 (Canada/Ontario), 1980 (Luxembourg), 1984 (Costa Rica), 1992 (Brazil), 1996 (Uganda), 2005 (Central African Republic), 2007 (Bolivia), 2009 (Mauritius), 2010 (Ecuador), 2012 (Russian Federation), 2014 (Uruguay), 2019 (Swaziland), 2022 (New Zealand), 2024 (Costa Rica), 2027 (Zimbabwe), 2030 (Costa Rica), 2031 (China), 2037 (Argentina), 2038 (Ukraine), 2042 (Djibouti), 2048 (Morocco), 2051 (Colombia), 2053 (Bosnia and Herzegovina), 2056 (Central African Republic), 2058 (Venezuela), 2060 (Denmark), 2065 (Argentina), 2069 (Costa Rica), 2072 (Haiti), 2076 (Peru), 2081 (Zimbabwe), 2084 (Costa Rica), 2085 (El Salvador) and 2091 (Romania), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1785 (Poland), 1914 (Philippines), 1925 (Colombia), 1965 (Panama), 1972 (Poland), 1973 (Colombia), 2015 (Colombia), 2035 (Haiti), 2043 (Russian Federation) and 2047 (Bulgaria), which it will examine at its next meeting.

1975

CAN

326

Vol. LXXXIV, 2001, Series B, No. 3

Nov.
2001

180. Finally, as regards Cases Nos. 1618 (United Kingdom), 1813 (Peru), 1843 (Sudan), 1851 (Djibouti), 1922 (Djibouti), 1953 (Argentina), 1959 (United Kingdom/Bermuda), 1978 (Gabon), 1992 (Brazil), 2012 (Russian Federation), 2022 (New Zealand), 2031 (China), 2037 (Argentina), 2042 (Djibouti), 2049 (Peru), 2052 (Haiti), 2053 (Bosnia and Herzegovina), 2058 (Venezuela), 2059 (Peru), 2065 (Argentina), 2072 (Haiti) and 2100 (Honduras), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In Case No. 2009 (Mauritius), the Committee requests the Government to reply to the communications transmitted by the complainants. In addition, the Committee has just received information concerning Cases Nos. 1581 (Thailand), 1877 (Morocco), 1952 (Venezuela), 1957 (Bulgaria), 1975 (Canada/Ontario), 1991 (Japan), 2014 (Uruguay), 2048 (Morocco), 2051 (Colombia), 2083 (Canada/New Brunswick), 2106 (Mauritius) and 2110 (Cyprus), which it will examine at its next meeting.

1975

CAN

327

Vol. LXXXV, 2002, Series B, No. 1

Mar.
2002

36. The Committee has been called on several occasions to examine this case, which deals with a piece of legislation (Bill No. 22, an Act to prevent unionization with respect to community participation under the Ontario Works Act) which denies the right to organize to workers involved in community participation activities, and another one (Bill No. 31) which makes it more difficult for construction workers to enforce their right to organize. When it last examined the case [324th Report, paras. 27-29], the Committee expressed its deep regret at the Government’s staunch refusal to act on its recommendations, and urged it once again to amend its legislation to ensure that workers involved in community participation activities be granted the right to organize. The Committee further noted that the information provided by the Government in connection with Bill No. 31 did not address the concerns previously raised, and urged it once again in the strongest terms, to amend the impugned legislation so that collective bargaining in the construction industry, below provincial level, may be initiated by either workers’ or employers’ representatives at any stage of the process. The Committee requested to be kept informed of any development in these respects.

37. In its communication of 13 September 2001, the Government limits itself to stating that there are no updates regarding its response regarding Bill No. 22, maintains that this Bill does not violate freedom of association principles and that, at this time, it has no intention to amend it. The Government is silent on issues relating to Bill No. 31.

38. The Committee, once again, deeply regrets the Government’s repeated lack of cooperation, and the absence of constructive dialogue, on this and other cases currently pending before it. The Committee also refers to the recent decision of the Supreme Court of Canada in the Dunmore case, mentioned above in connection with Case No. 1951, where the Court relied, inter alia, on Articles 2 and 10 of Convention No. 87, and referred to Case No. 1900 of the Committee. The Committee therefore requests, once again, the Government to amend Bill No. 22, to ensure that workers involved in community participation activities be granted the right to organize, and Bill No. 31 to ensure that collective bargaining in the construction industry below provincial level may be initiated by either workers’ or employers’ representatives at any stage of the process. The Committee requested to be kept informed of any development in these respects.

1975

CAN

328

Vol. LXXXV, 2002, Series B, No. 2

Jun.
2002

83. Finally, as regards Cases Nos. 1581 (Thailand), 1618 (United Kingdom), 1769 (Russian Federation), 1785 (Poland), 1796 (Peru), 1813 (Peru), 1851 (Djibouti), 1880 (Peru), 1890 (India), 1900 (Canada), 1922 (Djibouti), 1937 (Zimbabwe), 1942 (China/Hong Kong Special Administrative Region), 1943 (Canada), 1951 (Canada), 1952 (Venezuela), 1957 (Bulgaria), 1970 (Guatemala), 1973 (Colombia), 1975 (Canada), 1978 (Gabon), 1989 (Bulgaria), 1992 (Brazil), 1995 (Cameroon), 1996 (Uganda), 2009 (Mauritius), 2014 (Uruguay), 2017 (Guatemala), 2027 (Zimbabwe), 2031 (China), 2042 (Djibouti), 2043 (Russian Federation), 2047 (Bulgaria), 2048 (Morocco), 2050 (Guatemala), 2051 (Colombia), 2052 (Haiti), 2053 (Bosnia and Herzegovina), 2067 (Venezuela), 2075 (Ukraine), 2078 (Lithuania), 2081 (Zimbabwe), 2091 (Romania), 2100 (Honduras), 2102 (Bahamas), 2118 (Hungary), 2119 (Canada), 2125 (Thailand), 2126 (Turkey), 2135 (Chile), 2142 (Colombia), 2145 (Canada), 2146 (Yugoslavia), 2147 (Turkey), 2148 (Togo) and 2156 (Brazil), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1826 (Philippines), 1991 (Japan), 2006 (Pakistan), 2084 (Costa Rica), 2098 (Peru), 2104 (Costa Rica), 2106 (Mauritius) and 2115 (Mexico), which it will examine at its next meeting.

1975

CAN

329

Vol. LXXXV, 2002, Series B, No. 3

Nov.
2002

159. Finally, as regards Cases Nos. 1843 (Sudan), 1851 (Djibouti), 1854 (India), 1880 (Peru), 1890 (India), 1922 (Djibouti), 1930 (China), 1937 (Zimbabwe), 1942 (China/Hong Kong Special Administrative Region), 1952 (Venezuela), 1959 (United Kingdom/Bermuda), 1961 (Cuba), 1965 (Panama), 1973 (Colombia), 1996 (Uganda), 2014 (Uruguay), 2027 (Zimbabwe), 2031 (China), 2042 (Djibouti), 2043 (Russian Federation), 2051 (Colombia), 2053 (Bosnia and Herzegovina), 2067 (Venezuela), 2084 (Costa Rica), 2091 (Romania), 2102 (Bahamas), 2109 (Morocco), 2113 (Mauritania), 2120 (Nepal), 2124 (Lebanon), 2125 (Thailand), 2128 (Gabon), 2129 (Chad), 2135 (Chile), 2137 (Uruguay), 2139 (Japan), 2142 (Colombia), 2143 (Swaziland), 2148 (Togo), 2160 (Venezuela) and 2167 (Guatemala), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1785 (Poland), 1826 (Philippines), 1900, 1943, 1951, 1975, 2083, 2119, 2145 (Canada), 1925 (Colombia), 1991 (Japan), 2048 (Morocco), 2058 (Venezuela), 2116 (Indonesia), 2118 (Hungary), 2147 (Turkey) and 2165 (El Salvador), which it will examine at its next meeting.

1975

CAN

330

Vol. LXXXVI, 2003, Series B, No. 1

Mar.
2003

35. When it last examined this case, which deals with provisions which deny the right to organize to workers involved in community participation activities (Bill No. 22) and a piece of legislation which makes it more difficult for construction workers to enforce their right to organize (Bill No. 31) the Committee reiterated its deep regret at the Government’s repeated lack of cooperation, urged it once again to amend these legislative provisions and requested to be kept informed of developments [327th Report, paras. 36-38].

36. In a communication dated 2 February 2002, the complainant organization mentions that it wrote to the Minister of Labour, pointing out that the exclusion of workers in the Workfare programme was inconsistent with the decision of the Supreme Court of Canada in Dunmore, and that the impugned provisions of Bill No. 22 should be repealed.

37. In its communication of 3 October 2002, the Government maintains its position regarding Bill No. 22 and states that no amendments are planned or envisioned. As regards Bill No. 31, the Government indicates that the project agreement framework has been modified to provide greater flexibility and stability in the construction industry: project owners and trade unions can agree to apply project agreements to multiple and future projects, and trade unions are entitled to challenge the addition of new projects under certain conditions.

38. Noting the information provided by the Government in connection with Bill No. 31, the Committee recalls that either workers’ or employers’ representatives in the construction industry should be entitled to initiate collective bargaining below provincial level at any stage of the process. As regards Bill No. 22, the Committee deeply regrets the Government’s repeated lack of cooperation and the absence of constructive dialogue, and strongly urges it, once again, to amend this legislation, to ensure that workers involved in community participation activities be granted the right to organize. The Committee requests to be kept informed of developments in connection with Bill No. 22.

1975

CAN

331

LXXXVI, 2003, Series B, No. 2

Jun.
2003

112. Finally, as regards Cases Nos. 1785 (Poland), 1826 (Philippines), 1843 (Sudan), 1854 (India), 1890 (India), 1930 (China), 1943 (Canada), 1951 (Canada), 1959 (United Kingdom/Bermuda), 1965 (Panama), 1970 (Guatemala), 1973 (Colombia), 1975 (Canada), 2006 (Pakistan), 2017 (Guatemala), 2018 (Ukraine), 2031 (China), 2038 (Ukraine), 2048 (Morocco), 2050 (Guatemala), 2051 (Colombia), 2067 (Venezuela), 2075 (Ukraine), 2083 (Canada), 2086 (Paraguay), 2105 (Paraguay), 2109 (Morocco), 2118 (Hungary), 2120 (Nepal), 2124 (Lebanon), 2126 (Turkey), 2128 (Gabon), 2129 (Chad), 2133 (The former Yougoslav Republic of Macedonia), 2134 (Panama), 2139 (Japan), 2140 (Bosnia and Herzegovina), 2141 (Chile), 2143 (Swaziland), 2144 (Georgia), 2146 (Serbia and Montenegro), 2147 (Turkey), 2148 (Togo), 2150 (Chile), 2160 (Venezuela), 2163 (Nicaragua), 2166 (Canada), 2167 (Guatemala), 2173 (Canada), 2176 (Japan), 2178 (Denmark), 2180 (Canada), 2182 (Canada), 2188 (Bangladesh), 2191 (Venezuela), 2192 (Togo), 2195 (Philippines), 2196 (Canada), 2206 (Nicaragua), 2207 (Mexico), 2208 (El Salvador), 2212 (Greece), 2229 (Pakistan) and 2230 (Guatemala), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1888 (Ethiopia), 1957 (Bulgaria), 1992 (Brazil), 2047 (Bulgaria), 2058 (Venezuela), 2079 (Ukraine), 2106 (Mauritius), 2115 (Mexico), 2136 (Mexico), 2151 (Colombia), 2171 (Sweden) and 2198 (Kazakhstan), which it will examine at its next meeting.

1975

CAN

332

LXXXVI, 2003, Series B, No. 3

Nov.
2003

210. Finally, as regards Cases Nos. 1951 (Canada), 1955 (Colombia), 1962 (Colombia), 1970 (Guatemala), 1973 (Colombia), 1975 (Canada), 1991 (Japan), 1996 (Uganda), 2006 (Pakistan), 2014 (Uruguay), 2051 (Colombia), 2067 (Venezuela), 2083 (Canada), 2105 (Paraguay), 2126 (Turkey), 2127 (Bahamas), 2129 (Chad), 2133 (The former Yugoslav Republic of Macedonia), 2139 (Japan), 2140 (Bosnia and Herzegovina), 2141 (Chile), 2144 (Georgia), 2147 (Turkey), 2150 (Chile), 2156 (Brazil), 2162 (Peru), 2163 (Nicaragua), 2166 (Canada), 2167 (Guatemala), 2169 (Pakistan), 2173 (Canada), 2175 (Morocco), 2176 (Japan), 2180 (Canada), 2182 (Canada), 2192 (Togo), 2196 (Canada), 2206 (Nicaragua), 2220 (Kenya), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1581 (Thailand), 1952 (Venezuela), 1965 (Panama), 2048 (Morocco), 2084 (Costa Rica), 2104 (Costa Rica), 2125 (Thailand), 2134 (Panama), 2146 (Serbia and Montenegro), 2154 (Venezuela), 2160 (Venezuela), 2181 (Thailand), 2229 (Pakistan) and 2243 (Morocco), which it will examine at its next meeting.

1975

CAN

333

Vol. LXXXVII, 2004, Series B, No. 1

Mar.
2004

20. The Committee last examined these cases at its March 2003 meeting [see 330th Report, Case No. 1951, paras. 32-34; Case No. 1975, paras. 35-38; Case No. 2182, paras. 306-334] where it requested to be kept informed of developments.

21. In a communication of 17 December 2003, the Government of Ontario informed the Committee that the new Government is currently reviewing these cases to examine whether a policy change needs to be contemplated.

22. Noting this information, the Committee recalls the conclusions and recommendations made in these cases and invites the Government to take appropriate measures in full conformity with the principles of freedom of association. It requests the Government to keep it informed of developments concerning these cases.

1975

CAN

334

Vol. LXXXVII, 2004, Series B, No. 2

Jun.
2004

92. Finally, as regards the following cases, the Committee requests the governments concerned to keep it informed as soon as possible of any developments relating to these cases:

- case examined for the last time in November 2002: 2140 (Bosnia and Herzegovina);

- cases examined for the last time in March 2003: 2105 (Paraguay), 2192 (Togo);

- cases examined for the last time in June 2003: 1955 (Colombia), 1962 (Colombia), 2127 (Bahamas), 2162 (Peru), 2169 (Pakistan), 2220 (Kenya);

- cases examined for the last time in November 2003: 1826 (Philippines), 1854 (India), 2086 (Paraguay), 2132 (Madagascar), 2148 (Togo), 178 (Denmark), 2188 (Bangladesh), 2195 (Philippines), 2198 (Kazakhstan), 2225 (Bosnia and Herzegovina), 2233 (France), 2242 (Pakistan), 2250 (Argentina);

- cases examined for the last time in March 2004: 1890 (India), 1937 (Zimbabwe), 1951 (Canada), 1952 (Venezuela), 1975 (Canada), 1996 (Uganda), 2027 (Zimbabwe), 2084 (Costa Rica), 2088 (Venezuela), 2096 (Pakistan), 2104 (Costa Rica), 2125 (Thailand), 2133 (The former Yugoslav Republic of Macedonia), 2141 (Chile), 2150 (Chile), 2158 (India), 2161 (Venezuela), 2164 (Morocco), 2166 (Canada), 2172 (Chile), 2173 (Canada), 2175 (Morocco), 2180 (Canada), 2181 (Thailand), 2182 (Canada), 2186 (China/Hong Kong Special Administrative Region), 2196 (Canada), 2208 (El Salvador), 2221 (Argentina), 2229 (Pakistan), 2230 (Guatemala), 2237 (Colombia), 2251 (Russian Federation), 2272 (Costa Rica), 2281 (Mauritius), 2284 (Peru), 2288 (Niger), 2291 (Poland), 2299 (El Salvador).

93. The Committee trusts that these governments will quickly provide the information requested.

94. In addition, the Committee has just received information concerning Cases Nos. 1965 (Panama), 1970 (Guatemala), 2017 and 2050 (Guatemala), 2048 (Morocco), 2103 (Guatemala), 2118 (Hungary), 2134 (Panama), 2146 (Serbia and Montenegro), 2204 (Argentina), 2227 (United States), 2234 (Mexico), 2243 (Morocco), 2252 (Philippines) and 2255 (Sri Lanka), which it will examine at its next meeting.

1975

CAN

335

Vol. LXXXVII, 2004, Series B, No. 3

Nov.
2004

184. Finally, as regards the following cases, the Committee requests the overnments concerned to keep it informed of any developments relating to these cases.

185. The Committee hopes that these governments will quickly provide the information requested.

186. In addition, the Committee has just received information concerning the follow-up of Cases Nos. 1785 (Poland), 2038 (Ukraine), 2079 (Ukraine), 2084 (Costa Rica), 2104 (Costa Rica), 2197 (South Africa), 2208 (El Salvador), 2221 (Argentina), 2233 (France), 2272 (Costa Rica), 2291 (Poland), 2299 (El Salvador) and 2316 (Fiji), which it will examine at its next meeting.

1975

CAN

336

Vol. LXXXVIII, 2005, Series B, No. 1

Mar.
2005

142. Finally, as regards the following cases, the Committee requests the governments concerned to keep it informed of any developments relating to these cases.

143. The Committee hopes that these governments will quickly provide the information requested.

144. In addition, the Committee has just received information concerning the follow-up of Cases Nos. 2006 (Pakistan), 2017 (Guatemala), 2048 (Morocco), 2050 (Guatemala), 2088 (Venezuela), 2097 (Colombia), 2109 (Morocco), 2111 (Peru), 2118 (Hungary), 2125 (Thailand), 2134 (Panama), 2138 (Ecuador), 2171 (Sweden), 2182 (Canada), 2188 (Bangladesh), 2208 (El Salvador), 2211 (Peru), 2215 (Chile), 2216 (Russian Federation), 2221 (Argentina), 2251 (Russian Federation), 2284 (Peru), 2289 (Peru), 2291 (Poland), 2296 (Chile), 2299 (El Salvador), 2301 (Malaysia), 2304 (Japan), 2305 (Canada), 2308 (Mexico), which it will examine at its next meeting.