Thwarted and Delayed: Three Eras of Legislating Labour Rights in the Ontario Public Service, 1867-2017

Abstract

Seeking to understand why public servants took so long to achieve labour rights—particularly the right to strike—compared to those in the broader economy, this dissertation explores the historical evolution of labour relations within the Ontario Public Service (OPS) from 1867 to 2017. Through an examination of the interplay between institutions and broader socio-economic and political forces, viewed through a critical institutionalist framework, this study argues that the development of OPS labour relations is defined by three distinct eras. The first era, from Confederation until the 1960s, was dominated by the principle of parliamentary sovereignty, which limited the labour rights available to public servants. The second era, from the 1960s to the 1990s, saw the ideology of the governing party as the primary dynamic, with party ideology playing a significant role in the emergence of public servants’ right to strike. Starting in the 1990s, the third era saw the rise of neoliberalism shift the focus of governments of all partisan stripes toward cost containment. As a result, this era was marked by hard bargaining and practical constraints on the feasibility of the strike option. This study demonstrates how these primary factors, along with other influences such as worker militancy and class relations, have shaped the long development of the OPS labour relations regime. The dissertation concludes that, despite significant legislative changes, the government has nevertheless retained considerable control over the material outcomes of the public service labour relations system.