Collective Bargaining Rights

Cultural workers need the right to organize and be represented by a union or association. They should be covered by collective agreements which are enforceable by legislation. There should be a legal mechanism for those in the sector who are not presently covered by legislation or represented by a union or association. This should be done through Ontario Status of the Artist law. This legislation should ensure that the ability to bargain national agreements is not adversely affected by the Ontario Status of the Artist legislation. It should not interfere with unions and associations who bargain effectively through the Ontario Labour Relations Act. Status of the Artist Legislation in Ontario should not dismantle current bargaining units.

The Ontario government needs to respect existing statutes, structures and agreements which need to be considered as rights are expanded in this sector. For example, Status of the Artist legislation at the Federal level is designed to allow collective bargaining for independent contractors in this sector. National Agreements exist for many Ontario cultural workers in this sector and any provincial legislation should not interfere these specific agreements. Secondly, the agreements that are used by engagers cover minimum wage, terms and conditions of agreements. Independent contractors and workers should be allowed the ability to individually bargain higher wages and better benefits. Thirdly, Voluntary Agreements exist that should still be allowed to be adjudicated at the Ontario Labour Relations Board if a dispute arises. Finally, Status of the Artist Legislation should improve the status of artists in other areas including access to employment standards, the welfare of child artists, income support for older artists, pensions, training and career transition issues. It would also address equity issues, tax status, role of agents and insolvency rules.

Conclusion

In 1990, the Government of the day proposed legislation to address the needs of artists. The legislation was to cover a number of issues including the tax status of artists, their status under the Employment Insurance legislation and the Canada Pension Plan. Some Ontario artists who are not covered under Collective agreements and represented by unions like ACTRA, IATSE, CEP-NABET, EQUITY and the AFM are still waiting for those rights to organize and bargain.

In 1992, “The Status of the Artist in Ontario, Summary of Consultations” pointed out that the existing provincial and federal legislative framework may be inappropriate for labour rights and social benefits because it does not recognize or take into consideration the unique characteristics of the art’s sector. This lack of recognition imposes one of the most serious obstacles for improving the status of artists. Such recognition is a much needed catalyst for establishing the art’s sector within the mainstream of Canada’s workforce and Canadian society.

Ontario needs Status of the Artist legislation that would recognize the uniqueness and special circumstances faced by artists and their employers when they are not covered by collective agreements. It is necessary for the provincial government to establish a legislative framework to govern relations between artists who are not presently organized and their potential employers.

We urge the provincial government to work with the affiliates and organizations that represent cultural workers to make sure that there is effective Status of the Artist legislation which ensures that all workers in the arts sector haverepresentation rights while doing no harm to those who do.

The Ontario Federation is prepared to continue the proactive and collective work with our affiliates and arts organizations. We are willing to convene more cultural industry’s roundtables to discuss the implementation of Status of the Artist in Ontario that would include recognition of bargaining rights for cultural organizations not represented by unions or associations through Status of the Artist legislation.

We look forward to hearing your response to the submission.
Respectfully submitted,

ONTARIO FEDERATION OF LABOUR

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