Commission on the Reform of Ontario's Public Services

“In labour relations, the main issue is identifying which industries/employers provide essential
services and what proportion of a given workforce ought to be deemed essential. This issue
determines the right to strike or, in the case of enterprises where only a portion of the
workforce is designated as essential, whether a strike by remaining employees would have
any meaningful impact on the operations of the employer … [and that] … BPS employers are
under pressures and have unique incentives to rely on designating employees as essential;
just as unions and employees are wary of the tendency to invoke this rationale for limiting the
right to strike.” 18
Recommendation 15-1: Establish an independent working group to consider and determine
which broader public-sector occupations and industries should be deemed as providing
essential services, the appropriate essential-worker designation process, and the appropriate
form of dispute resolution mechanism for broader public-sector industries and occupations.
The <strong>Commission</strong> understands that this issue is highly complex and that trade-offs need to be
made in any decision to deem any service as “essential,” as highlighted previously. However,
as we clearly state from the outset, freely negotiated outcomes achieved between parties are
always the best option. About one-third of employees in Ontario’s BPS are in occupations that
are deemed to be essential; Ontario has the highest percentage of BPS employees in Canada
who fall into this category. An independent review would seek to define the litmus test and
examine whether Ontario has the correct public services deemed as essential.
Interest Arbitration
There is a well-established legal framework on bargaining rights in Canada — this is to be
respected. However, this does not mean change is neither possible nor necessary — just that
change must be collaborative and done in good faith.
The need to reach a balance between the rights of workers and the needs of employers is a
key component of our labour relations system. As with any large, complex and vitally important
system, it is worth reviewing its components to ensure that they are functioning as intended.
One such component of the system that has received increased scrutiny in recent years is the
system of arbitration.
18 Chaykowski and Hickey report, p. 13.
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