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Is it the Provincial Minister of Labour or is it the large number of groups lining up to oppose his suggestions to reform the "Employment Standards Act" (ESA). In the middle of this summer a bombshell was dropped on the working people of this Province by the Ministry of Labour. A "white paper" was issued laying out proposed changes to the law that governs the workplace. "White papers" are regarded by observers and interest groups as "trial balloons" and "kites", ideas that may or may not be supported by the public and in the "good old days" many governments have withdrawn silly ideas contained in "white papers" because the public did not agree with those loopy ideas. But this present Provincial government is made of different stuff than previous governments so their "white papers" are usually taken as declarations of war by the groups that will be affected by the ideas in them. The "white paper", entitled "Time for change: Ontario's Employment Standards Legislation", is no different.
To go back a few years I remember as I grew up in the era of "Buck Rogers and his flying machine" and futuristic issues of "Popular Mechanics" one of the major thrusts and predictions was that machines would ease our load and allow us to enjoy the "Leisure Society". Well I have been patiently waiting for that time to come and now I realize that I was a deluded fool. Ensconced in a comfortable working week of 40 hours and overtime after 44½ I still was being led down the garden path by predictions of automation, computer aided workplaces and reduced work time to take advantage of the increased productivity accrued by technological advances. Well folks I have been woken up by the pronouncement by Mr. Stockwell that employees have been asking him for flexibility to cope with the "new workplace". His response, naturally, was a "white paper". Dropped on us in the middle of summer, the perfect time to avoid public discussion (after all who wants to talk about the workplace during summer vacations), we slumbered on but it (the ESA changes) is now waking us all up.
So what are these changes that employees are demanding and are provoking such reactions from unions. Firstly the workweek, presently at 40 hours is to be changed to 60 hours. Secondly the overtime provisions of paying an employee if they work more than 44½ hours a week will be changed to an averaging arrangement over 3 weeks. For instance if you work 60 hours in the first week, 20 hours in the second week and 40 hours in the third week you get ripped off the 20 hours of overtime, you worked in the first week, because you have not exceeded 130 hours in three weeks. Thirdly it is proposed that employees be told to take their vacations one day at a time. Now all of these changes are based on the theory that employees can influence their workplaces! What I see is the biggest giveaway of workers' rights to unscrupulous employers. Now before you accuse me of ranting against business and bad bosses (as if they didn't exist) just listen to this quote. In 1995 the Washington based thinktank (a conservative one) called the Employment policy Foundation published a report that estimated that workers in America were owed $19 Billion in unpaid overtime pay.
The very idea that unorganized workers can control their workplace destiny is ludicrous and any Minister of Labour who says that is in fantasy land. So who wants this legislation, the Ontario Chamber of Commerce appears not to be pushing it. Their press release of June 3 1999, issued after the election of the new government, calls for three measures none of which is to change the ESA. The Canadian Federation of Independent Business however in April 2000 asked all members to fax a form letter to Mike Harris, Chris Stockwell and the local MPP asking for them to modernize and simplify the ESA. I would suggest that in this time when power has been centralized in the Premier's office individual MPP's have to kept happy with "feelgood" legislation. Any anti-union legislation is good to this bunch of government backbenchers. Fuelled by favourable polls conducted in the 905 bastion union bashing is good. Not since Mitch Hepburn have we seen such anti-union bias from a government, therefore attempts to modernize the ESA can be supported. However it could be dangerous, very little labour law is understood by the average worker (unionised and non-unionised alike) but what they do understand is when they get paid, how much and when overtime and holidays kick in. When workers are told that "overtime is not being paid until three weeks time" and "the next day they take off will come off their vacation" and then tell them "by the way we can work you five days a week, twelve hours a day and there's nothing you can do about it", society, and Mike Harris had better expect a reaction.
Big changes are coming in the workplace and I don't like them!
Harris wants to kill the 40 our week