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April 9, 2021 Via Email In Ontario, the staff at both the central and regional public health laboratories have been called upon repeatedly in crises over the past decade to perform massive test volumes rapidly for Public Health Units and health care providers. SARS, West Nile, and tuberculosis in Toronto’s hostel system are but a few examples. The ability to rise to these challenges reflects the tremendous effort and dedication of the professional and technical staff within the public health laboratory, not withstanding the chronic and increasingly urgent need to stabilize and strengthen these facilities. Dr. Sheela Basrur, Chief Medical Officer of Health, 20051 April 9, 2021 Via email: [email protected] Hon. Peter Bethlenfalvy President Treasury Board Secretariat Whitney Block, Room 4320, 4th Floor 99 Wellesley St. W Toronto, ON M7A 1W3 Dear Hon. Bethlenfalvy, Re: Exemption under the Protecting a Sustainable Public Sector for Future Generations Act, 2019 for the bargaining unit at Public Health Ontario We write today to respectfully request an exemption for Public Health Ontario (PHO) and OPSEU in accordance with s. 27 of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the “Act” or “Bill 124”). 1 Basrur SV. Building the foundation of a strong public health system for Ontarians: 2005 annual report of the Chief Medical Officer of Health to the Ontario Legislative Assembly. Toronto, Ont.: Ministry of Health and Long-Term Care; 2005. Without an exemption, PHO, as an agency under the Crown, is subject to the compensation limits dictated by the Act. An exemption would allow the parties to bargain above 1% total compensation in each year—something that is absolutely vital to maintaining the PHO workforce relative to other major employers of laboratory professionals in the province. Freedom to bargain outside of the Bill’s limits would facilitate the achievement of the government’s public health objectives and would allow PHO laboratory professionals to achieve recognition for their value relative to hospital workers and for their extraordinary contribution to the fight against COVID-19. Accordingly, OPSEU submits the following three rationales to support its request for an exemption for this bargaining unit: 1. To achieve the government’s public health objectives as first expressed in 2004 after SARS and for the current pandemic. 2. To ensure that the professionals testing Ontarians for COVID-19 achieve a bargained wage rate that reflects the value paid to such work in hospitals. 3. To bestow the bare minimum recognition for the contribution of these members to the fight to overcome the spread of COVID-19. Background The Ontario Public Service Employees Union represents over 180,000 workers in a variety of sectors, including the Ontario Public Service, community colleges, the Liquor Control Board of Ontario, the healthcare sector (hospitals, long-term care homes, mental health facilities, children`s treatment centres, community health care agencies), social service and developmental service agencies, the publicly funded school system, ambulance services, and municipalities. Bill 124 applies to more than 165,000 OPSEU members, or over 92%. As of January 2021, the OPSEU bargaining unit at PHO had 1137 members in the following broad classifications: Laboratory Technologists: 312 (27%) Laboratory Technicians, Lab Attendants: 535 (47%) Data Entry Operators: 184 (16%) Clerical Staff: 43 (4%) IT/Professional Staff: 63 (6%) 2 Laboratory testing is the foundation of all other pandemic-fighting efforts. Our members have stepped up day after day, meeting the extreme demand for testing by working overtime, nights and sacrificing their personal and family lives. They have worked 84,060 hours of overtime since February 1, 2020. These laboratory workers conduct more tests than any other laboratory in the province Without the testing work of these incredible employees during the current COVID-19 pandemic, our province would be faring far worse today. While our laboratory members in public hospitals are also working hard, there is no way they could have stayed on top of the testing needs of this province alone. Our PHO members were the first in the province to begin testing for the virus and are the only ones doing genomic sequencing of the COVID-19 variants for clinical use. OPSEU members at PHO are long-serving employees whose dedication predates the creation of the Agency. Forty-five percent of our membership have more than 13 years of service. Fifty-five percent have more than 10 years’ service. These highly dedicated individuals have devoted the majority of their working lives in service to public health. OPSEU represents the majority of employees at the agency. They work in 11 locations: PERMANENT TEMPORARY Location TOTAL FT PT FT PT Hamilton 18 41 7 66 Kingston 22 23 2 47 London 47 40 2 89 Orillia 16 1 17 Ottawa 27 1 44 7 79 Peterborough 11 3 2 16 Sault Ste. Marie 7 2 9 Sudbury 8 1 8 17 Thunder Bay 17 2 19 1 39 Timmins 10 19 29 Toronto 331 7 365 26 729 Total: 514 11 565 47 1137 Rationale #1: To achieve the government’s public health objectives as first expressed in 2004 after SARS and for the current pandemic PHO was created as a response to the call for the renewal and revitalization of the Ontario public health system in light of the public health disasters of Walkerton in 2000 (E. coli water contamination), SARS in 2003 and food safety gaps in 2004. A series of 3 reports2 called attention to weaknesses in a system which had not adequately anticipated or responded to infectious disease outbreaks. These reports highlighted the need for, among other things, a strengthening of laboratory capacity. In 2004, the Province launched Operation Health Protection, a three-year Action Plan to rebuild Ontario’s public health system, out of which came the creation of PHO. The stated goal of the Action Plan was to create a “state-of-the-art public health laboratory system.” The Ontario Agency for Health Protection and Promotion (OAHPP) was established by legislation in June, 2007 and began operations in July, 2008. In 2011 the OAHPP adopted the operating name of Public Health Ontario. In 2006 the Final Report of the Agency Implementation Task Force, entitled From Vision to Action: A Plan for the Ontario Agency for Health Protection and Promotion, outlined the authors’ best advice on implementing and building the new agency. With respect to the staff that make public health laboratories function, the authors noted that their invisibility relative to other health professionals in the system contributed to their inability to compete for scarce resources. The authors hoped that with the creation of the new Agency that this would change and that a renewed focus on recruitment of these essential workers would be moved to the forefront: The OPHL today is faced with a pressing shortage in certain critical areas of expertise. This is most acutely felt in those professions in shortest supply, particularly microbiology. The challenges in attracting medical microbiologists, scientists, and medical laboratory technologists to the OPHL are acute and have been for a number of years. Competition is greater for the qualified individuals that do exist and the OPHL has struggled to keep pace with the conditions of employment in place for certain positions in academic health sciences centres and other research centres both within Ontario and nationally. This imbalance is not only shown in terms of remuneration levels for certain positions, but in terms of the culture of research and innovation that many leading scientists now actively seek out when choosing where to work. … The real challenge we see is reshaping, re-equipping and re-focusing the OPHL so that the individuals working in that system are enabled with the tools, processes and support that they require and that we require of them, not just to cope with challenges, but also to feel valued and to excel. (Ontario, From Vision to Action: A Plan for the Ontario Agency for Health Protection and Promotion (March 2006), pp. 56, 57 (Exhibit A)) 2 The reports on the SARS crisis by the National Advisory Committee on SARS and Public Health chaired by Dr. David Naylor, the Expert Panel on SARS and Infectious Disease Control chaired by Dr. David Walker, and the SARS Commission Reports of the Honourable Mr. Justice Archie Campbell. 4 These public health objectives of the government have not been fully realized. Indeed, it is not possible to describe the PHO as a “state-of-the-art” “internationally recognized centre of expertise” as long as its workers continue to provide the highest caliber of specialized testing yet are compensated as the poor second cousins of their laboratory colleagues in public hospitals. Rationale #2: To ensure that the professionals testing Ontarians for COVID-19 achieve a bargained wage rate that reflects the value paid to such work in hospitals Our laboratory members at PHO have the same education and the same qualifications as their counterparts in hospitals. 71% of our members are in classifications that are identical to those in public hospitals. Their work is essential, which is why they are deemed a hospital for the purposes of the Hospital Labour Disputes Arbitration Act.3 The inequity between PHO and hospitals has existed since the inception of the agency formerly known as the Ontario Agency for Health Protection and Promotion (OAHPP). In each round of bargaining, OPSEU has managed to close the gap incrementally. Absent Bill 124, it would be possible to close the remaining wage gap, allowing PHO laboratory employees to achieve hospital parity for the 2020-2023 agreement. OPSEU members at PHO not only do similar work as hospital employees, but they do it under increasingly difficult circumstances. Before the pandemic hit, the number of lab workers at the PHO had been declining steadily since 2013.
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