Item - 2019.MM8.51

Tracking Status

MM8.51 - Expanding Recognition in Torontoís Industrial Commercial Institution Sector - by Councillor Ana Bail„o, seconded by Councillor Michael Thompson

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on June 18 and 19, 2019, adopted the following:

 

1. City Council direct the City Manager, in consultation with the City Solicitor and the Executive Director, People Equity and Human Rights to enter into negotiations for a Voluntary Recognition Agreement with the Laborer's International Union of North America (LIUNA) in principle, with any such Voluntary Recognition Agreement to include the following terms and conditions:
 

a. the Voluntary Recognition Agreement will recognize Labourers' International Union of North America’s bargaining rights in the Industrial Commercial Institutional Sector only and will expressly specify that the City does not recognize Labourers' International Union of North America’s bargaining rights in any other sector;

 
b. the Voluntary Recognition Agreement will recognize Labourers' International Union of North America as the exclusive bargaining agent for those construction labourers in the employ of the City of Toronto in the Industrial Commercial Institutional  sector of the construction industry in the Province of Ontario, save and except non-working forepersons and persons above that rank, and persons covered under subsisting construction or non-construction collective agreements;

 
c. the date of execution of the Voluntary Recognition Agreement and the Voluntary Recognition Agreement effective date will be negotiated by the City of Toronto and Labourers' International Union of North America and will be no sooner than one year from the date of the passing of this Motion by City Council; the Voluntary Recognition Agreement will be applicable only on a go-forward basis and will exclude all projects awarded or procurements issued prior to the effective date;

 
d. the Voluntary Recognition Agreement shall be entered into for the purpose of fulfilling the City’s need for labourers to work in connection with specific identifiable future projects in the Industrial Commercial Institutional  sector of the construction industry only and with a view to the City obtaining those labourers through Labourers' International Union of North America’s hiring hall;

 
e. the Voluntary Recognition Agreement is conditional upon the City and Labourers' International Union of North America obtaining the agreement of their respective Bargaining Agents that the applicable Industrial Commercial Institutional  Provincial Agreement:

 
- shall not apply to any projects under $400,000 dollars indexed to inflation annually and any projects including but not limited to: playgrounds/playscapes/splash pads, landscaping within Parks, sports infrastructure within Parks and hardscaping; and any projects including but not limited to:  playgrounds/playscapes/splash pads, landscaping within Parks, sports infrastructure within Parks and hardscaping; and

 
- will apply only to specific identifiable projects tendered by specific City divisions;

 
f. the Voluntary Recognition Agreement is conditional upon the City and Labourers' International Union of North America obtaining the continuing agreement of their respective Bargaining Agents with respect to the following:

 
- the validity of all additional or alternative terms and conditions negotiated between the City and Labourers' International Union of North America;

 
- Labourers' International Union of North America will not enforce provincial Industrial Commercial Institutional  collective agreement with regards to use of unionized General Contractors provided that work covered by the Industrial Commercial Institutional  agreement is sub-contracted to Labourers' International Union of North America’s signatory employers; and

 
- no cross over language in the Provincial Industrial Commercial Institutional  Agreement or any Appendices shall apply to the City of Toronto at any time in the future and the Voluntary Recognition Agreement applies solely to the Industrial Commercial Institutional  sector;

 
g. the Voluntary Recognition Agreement will be conditional upon Labourers' International Union of North America agreeing that Labourers' International Union of North America will not make any claims to any work performed by City of Toronto Local 416 employees, work historically performed by TCEU Local 416 bargaining unit or any work that falls outside of the construction industry, including any grievances against TCEU Local 416 with regards to work jurisdiction;

 
h. the Voluntary Recognition Agreement will be conditional upon Labourers' International Union of North America continuing to participate in Construction Connections, and supporting the City of Toronto’s Social Procurement Program and related community benefits initiatives that provide a pathway to construction jobs for equity-seeking and Indigenous Torontonians; and

 
i. the Voluntary Recognition Agreement will include a plan whereby Labourers' International Union of North America will work with City Staff to proactively establish annual targets for union funded training seats at its Greater Toronto Area training centres, as well as strategies for increased access to localized training, with the goal of increasing the number of equity-seeking and indigenous registered apprenticeships.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on June 19, 2019 to consider confidential information on this Item as it pertains to labour relations or employee negotiations and advice subject to solicitor-client privilege.

 

City Council considered Items EX6.3 and MM8.51 together.

Background Information (City Council)

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Ana Bail„o (Carried)

That Councillor Ana Bailão be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning: 

 

Expanding Recognition in Toronto's Industrial Commercial Institutional Sector

 

Reason for Urgency:

 

This Motion is urgent as Council should consider this issue immediately, in light of legislative changes under the Labour Act.


Report of Committee of the Whole

June 19, 2019 at 3:17 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Motion MM8.51 headed "Expanding Recognition in Toronto’s Industrial Commercial Institution Sector".  No motions were placed in the closed session.  City Council would now proceed with the public debate on the Item.


Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-19-2019 3:56 PM

Result: Carried Majority Required - MM8.51 - Adopt the item
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are John Filion, Michael Ford, Stephen Holyday, Jaye Robinson
Total members that were Absent: 2 Members that were absent are Jim Karygiannis, Michael Thompson

Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, stated that he wished to understand why Member Motion MM8.51 was urgent.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that it was related to Item EX6.3 and that the Items are proposed to be considered together.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Bailao should allow Councillor Robinson to ask her question.

Source: Toronto City Clerk at www.toronto.ca/council