For 45 years New Democrats inside and outside the labour movement have worked together to improve the lives of working people – we’ve shared the struggles for Medicare, decent pensions, educational opportunities for our kids, fair labour legislation, workplace health and safety and countless other battles.
It’s the same struggle; sometimes in the legislature, sometimes at the bargaining table.
–from the “Union Leadership” section of the Spring 2006 Cornerstone Campaign brochure.
One would think that the party, theoretically at least, that represents organized labour, would honour collective agreements, and be a fair labour practices employer: nothing further from the truth can be demonstrated. It seems that working at either the ONDP’s provincial office, or its Queen’s Park legislative office, is an affront to fair-labour practices, and quite the toxic work atmosphere.
Over the past few years, reports of this apparent toxicity have been fuelled not only by persistent rumours of maltreatment of lower echelon staffers but documented by an endless stream of labour complaints to unions, WSIB and the Ontario Human Rights Tribunal. The result can only be described as an embarrassment for Labour-minded MPPS and union locals alike.
If it was not already clear a year ago, last week or yesterday, it will become clear now that the party pays lip-service to upholding good labour standards. Andrea Horwath’s sanctimonious support for workers, seems to not include the Ontario New Democratic Party’s employees. How far this hypocrisy goes, and whether it also includes other MPPs, party officials, and affiliated unions should become clear as readers post their personal stories here.
Lately, the ONDP’s labour practice record is a large blight on the party. It brings into question the core values the ONDP promotes: the defenders of workers and fair labour practices. It also seriously brings into question the new leader’s authenticity, since she has campaigned across the province preaching the glories of unions in the work place and condemns the Liberals, PCs, large corporations and small businesses alike for unfair labour practices.
To better understand what is happening here, there are two completely different unions representing the ONDP’s staff. They are then sub-divided into three separate ONDP bargaining units: Queen’s Park staff with OPSEU; constituency office staff with COPE 343; and provincial office staff also with COPE 343.
Queen’s Park Staff
Well I guess being high on the totem pole has its advantages. Queen’s Park staff are arguably the best treated workforce in the ONDP, because they have a relatively strong union. However, these employees have not been without their own set of labour issues.
1. The stories of how Tabuns, Kormos, Marchese and DiNovo have allegedly treated their staff are well-known. DiNovo firing her entire staff, not once, but twice. The second-time being on Labour Day, while she was Labour Critic, when she fired them by text. While the single OPSEU employee received a good settlement, the COPE 343 workers basically got nothing.
2. Employees are kept on a series of contracts, sometimes as little as two weeks in duration, only to be renewed on the last day of each contract.
3. Using non-OPSEU staff to conduct OPSEU collective agreement duties.
4. One of the most exploitive practices is orchestrated by certain MPPs who have decided not to hire an Executive Assistant (EA), so as to conserve their budgets. In some cases they allegedly coerce administrative staff, who are paid significantly lower than EAs, to handle EA and legislative duties on top of their administrative duties and without the due compensation. You would think that OPSEU would care about this, but do they really?
More to follow on these labour issues as I review submissions by Queen’s Park staffers.
“The government’s changes to the employment standards complaint process will expose vulnerable workers to increased employer intimidation and exploitation,” said Marchese.
“Workers in Ontario deserve effective employment standards – not exploitive ones.”
— Rosario Marchese press release “Remove exploitive anti-worker provisions from law: NDP”, August 6, 2010.
Constituency Office Staff
Lower on the food chain are Constituency Assistants, or CAs. They are responsible for keeping their politician active in the community, giving them a local presence and overseeing constituent casework. Though treated better than provincial office staff, certain MPPs are well-known to exploit these workers as a “privilege of Office.”
1. Certain MPPs routinely force CAs to do work that is in contravention of parliamentary ethics, legislation and the collective agreement. CAs are forced to do riding association work, party work, and work for other candidates at other levels of government in addition to the duties listed in their job descriptions, on their own time and often spending their own money and with the threat of their jobs and livelihood at stake.
2. Volunteers are enlisted to do constituency staff work covered by the collective agreement.
3. COPE can be described best as a “company union.” Not only does it represent ONDP workers, it is an affiliated member organization of the ONDP. As such, it should come as no surprise that missing deadlines, not filing grievances, and purposefully obscuring information and rights open to employees is all standard COPE treatment of its member Locals. This situation is not dissimilar to complaints against COPE across the country. COPE 491 is but one example.
“’When will the McGuinty government bring fairness back to labour relations in this province and support anti-scab legislation?” asked Horwath during today’s Question Period.
“But in Ontario, we have a government that sides with companies that use scabs, that says to these companies that it’s okay to do that,’ she added.
Later this afternoon, Horwath will join the 84 striking workers, who belong to United Steelworkers Local 1-500, on their picket line. This week, the workers have been joined by members of the Canadian Autoworkers and other union in a three-day show of support organized by the Ontario Federation of Labour.
–Horwath Press Release on Branford’s Engineered Coated Products strike September 16, 2010
Provincial Office Staff
Disposable is the only way to describe how ONDP provincial office staff have been treated by the party.
1. Apparently staffers, that were COPE members, began asking questions about their union status, in March 2010, after Salome Cerqueira (technically a Queen’s Park employee Special Advisor to the Leader, but working at the ONDP Provincial Office) allegedly threatened to fire the fundraising staff and told them they had no job protection. With the help of Federal NDP candidate Susan Wallace, COPE 343 investigated the situation, the union discovered that all the workers at provincial office were covered by the collective agreement and had been paying dues since the last contract negotiations … in 2003.
2. All workers employed by the ONDP between 2003, and the present, are likely owed some sort of benefits or retroactive pay. This includes anyone who had been on contract, temporary-hire, fired, quit or was a campaign worker on any of the two general election campaigns. The Party, nor COPE 343, has made any effort to reimburse past employees, let alone current employees.
3. Since March 2010, COPE 343 apparently has made no efforts to renegotiate a new contract. With COPE’s purported reputation and history, staff at provincial office do not stand a chance of getting anything they are owed. Ostensibly, COPE’s standard practice, will likely mean they will stall as long as they can, and then try and negotiate with the workers by offering them concessions that were already theirs to begin with. Management must be lucky to have them.
4. Many employees at Provincial Office had been evidently kept on contract or designated as “temporary” or “acting” positions for years.
5. Contrary to the collective agreement, past employees, like the organizers, who had been laid off, were reputedly never given the chance to apply for subsequent positions as they became available, such as Salome Cerqueira’s position. Many of these former employees remain unemployed.
6. Adding further insult to injury, it appears that Penny Marno, the ONDP’s former Director of Organization, which is a management position, is alleged to have been the COPE bargaining unit’s UNION STEWARD (for those that do not know what a union steward is, they are employees, that represent their fellow workers in discussions with both the union and the employer). If true, this was an obvious conflict of interest that was not dealt with. In fact, she apparently continued in that role, even when she no longer worked for the party (she was terminated as the Director of Organization in the spring of 2009. She was recently hired on a contract basis, presumably for organizing the 50th Anniversary banquet, and the accompanying workshops in late April).
7. COPE members, both present and past, along with central campaign workers from the past two Ontario General Elections, are likely owed significant retroactive benefits and back-pay, or even their dues refunded. The reason being, as outlined in some of this blog’s comments, is that allegedly the party kept these permanent workers on part-time contracts, extending sometimes for a period of years, in apparent contravention of the collective agreement. According to the agreement, supposedly these workers should have signed to full-time contracts after a certain number of months on the job, and thereby received benefits and vacation pay. Instead, the party and the union allegedly did not inform these workers that they had these rights until last spring, when some of these workers started asking for help with a wayward manager. That is when this issue became known. At the time, the Provincial Secretary claimed that she was in negotiations over this apparent breach of the collective agreement. However, as of today, it appears nothing has changed, and the outstanding issues have not been resolved with the bargaining unit.
What is clear, is that Horwath’s seeming disregard for the welfare and security of her own employees, collective agreements and bargaining rights is in keeping with her apparently drastic shift to the political right, made conspicuous by her “Knows business is not a four letter word” campaign slogan, pro-tax cuts and her seemingly new alliance with Tim Hudak, who admits “Andrea and I are practically neighbours, we’ve got some similar backgrounds.”
The days when the New Democratic Party could call itself the party of Labour are long gone and have been relegated to the past, somewhere between Tommy Douglas and “Your Grandfather’s NDP.”