"Fairness and Balance?": The Politics of Ontario's Labour Relations Regime, 1949-1963 Charles W. Smith A dissertation submitted to the Faculty of Graduate Studies in partial fulfillment of the requirements for the degree of Doctor of Philosophy Graduate Programme in Political Science York University Toronto, Ontario June 2009 Library and Archives Bibliotheque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A 0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-54108-1 Our file Notre reference ISBN: 978-0-494-54108-1 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non­ support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. 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The author reserves other publication rights, and neither the dissertation nor extensive extracts from it may be printed or otherwise reproduced without the author's written permission. IV Abstract This thesis explores the creation and administration of the Ontario Labour Relations Act (OLRA) and the Ontario Labour Relations Board (OLRB) between 1949 and 1963. In so doing, it examines the role played by business and organized labour in shaping labour relations in post-war Ontario. The thesis challenges conventional arguments put forward by industrial pluralists that the acceptance of collective bargaining by post-war governments equitably balanced the relationship between unions and business. In making this case, the thesis argues that the OLRA was structured by business and the close relationship it maintained with the Progressive Conservative governments of George Drew, Leslie Frost and John Robarts. In this regard, the entrenchment of collective bargaining in Ontario was closely aligned with the class interests of Ontario businesses. The close relationship that business maintained with the provincial government also worked to limit the discretionary power of the OLRB. Although the OLRB was originally intended to ensure impartiality and fairness in regulating trade union freedoms, its discretionary power was eroded by business pressure. In order to challenge the OLRB, business was able to appeal to the courts in order to challenge the expertise and jurisdiction of the Board. These challenges led to an increasing judicialization of the Board and limited its ability to extend trade union freedoms. Ultimately, these pressures suggested that the politics of class and class struggle shaped the structure of post-war legislation in Ontario. V Dedication This thesis is dedicated to my parents, Arlene and Wilfred Smith. As with most families, I suspect that mothers and fathers bring different perspectives to the issues that shape the thinking of their kids. In my family, my mother has been a passionate and courageous defender of social justice for as long as I can remember. In the same way, my father has imprinted an unwavering belief in the democratic capacity of working people and their unions to change the world. Together, they have shaped the ideas and arguments presented here. vi Acknowledgments Woody Allen once commented that "life is full of misery, loneliness, and suffering-and it's all over much too soon." While Woody was pondering the unanswerable meaning of life, I often felt that he could have been talking about the experience of a graduate student. Undeniably, the act of research, writing, editing and finishing a PhD thesis is a work of individual endurance that takes its toll on even the most dedicated of scholars. Notwithstanding the challenges, the things that stay with you, even after they are over, are the people that planted the ideas, motivated you to go the archive one more time or simply listened to your endless thoughts on this or that piece of legislation. In this light, I was fortunate to be surrounded by so many intelligent and dedicated people while completing this thesis. I would like to take this opportunity to thank them all in turn. At York University, I owe an intellectual debt of gratitude to my thesis advisors Lome Sossin, Bob Macdermid and Leo Panitch. All three of these scholars brought considerable talent and experience to this project and made it a far better piece of work than it could have been otherwise. I would like to thank the thesis' principle advisor, Lome Sossin for his years of considerable guidance and advice. Lome kindly and graciously took the early ideas presented here and helped construct them into a workable thesis. Bob Macdermid provided unique insight into the politics of Ontario and was invaluable in guiding the thesis through its final stages. As one of the world's leading scholars on Marxism and the left, Leo Panitch gave an incredible amount of time and insight, providing invaluable organizational and editorial advice, as well as contributing his considerable expertise on the Canadian state, political economy and trade unions. Few people are fortunate to work with such dedicated and accomplished academics. I am privileged to have completed this thesis amongst so many passionate and talented intellectuals at York University. Many of the people I have met through the Political Science Department, History and SPT have set the standard for academic achievement and progressive scholarship. I am also fortunate to have learned so much from progressive individuals in southern Ontario and in British Columbia. I am thankful for the advice, mentorship and friendship that came from the most passionate political theorists I have ever known, Geoff Kennedy and Angela Joya. I was lucky to call Gil Gaspar, one of the smartest men I have known, a friend, as well as and the most talented and courageous politician in Ontario, Cheri DiNovo. I am equally thankful for the advice and friendship of Larry Savage, Julian Ammirante, Dann Hoxsey, Jason Ellis, Fred Ho, Greg Albo, Bryan Palmer, Bryan Evans, Peter Graffe, Doug Jamieson, Tracey Summerville, Curtis Maloley, Sam Gindin, Ian Greene, Tom Wilson, the late Richard Slye, Travis Fast, Stephanie Ross, Derek Hrynyshyn, Chanchal Bhattacharya, Leah Bradshaw, Paul Hamilton, Matt Hennigar, Roddy Loeppky, Tyler Attwood, Jonathan Carson, Russell Janzen and Ian "raging" Hesketh. I was also privileged to work with two up-and-coming young scholars at Brock University, Tim Fowler and Brad Walchuk. vii I am grateful to the administrative expertise of Marlene Quesenberry and Jlenya Sarra as well as the staff at Brock University, the University of Toronto, Mississauga and the Archives of Ontario. I would also like to thank the Department of Political Science at York University and the Ontario Graduate Scholarship for ongoing financial support. It is important to single out some close friends who spent an unusual amount of time and effort helping to bring this project to the finish line. Geoff Read painstakingly went over almost every sentence in this thesis and provided invaluable editorial advice. Geoff s good humour and stern belief in comradery amongst young academics has been truly inspiring. My friend Dan Crow helped guide my intellectual development from the picketline, through our core courses and was my long-time roommate. While we spent hundreds of hours debating (often over several pints!), it was rare that we ever found substantial disagreement. I have also been privileged to call Dennis Pilon and Dave McGrane friends. I challenge anyone who has ever met Dennis to walk away from that first encounter without thinking that they have just met someone extraordinary. His brilliance and unending belief in the working class is awe-inspiring. Dennis is a true academic in every sense of the word. I can make similar observations about Dave McGrane. Dave and I met in 1999 when we were starting our MAs at York University.