Unions challenge council decision

Vote to add new group to exclusive roster lacks ‘rational justification’

A legal challenge over which unions can work on certain municipal construction projects has been filed against the City of Toronto, following a controversial council vote on the matter last week.

The Christian Labour Association of Canada (CLAC) — supported by the Canadian Taxpayers Federation, the Progressive Contractors Association of Canada and Merit Open Shop Contractors Association — said it filed the challenge in the wake of council’s decision to add the Laborers’ International Union of North American (LIUNA) to the list of unions it employs on municipally funded work in the industrial, commercial and institutional (ICI) sector.

Councillors voted on June 19 to add LIUNA to the list of nine unions it currently works with on ICI projects, while also opting out of provincial legislation that would have allowed the city to walk away from its agreements with the nine unions, which were forged in the 1970s. “The LIUNA Resolution grants LIUNA a privilege not offered to other labour unions thereby imposing an unauthorized distinction on members of the same class,” according to the legal challenge, filed in Ontario Superior Court, which alleges that the resolution is not supported by any existing legislation.

“The LIUNA Resolution undermines the integrity and competitiveness of the City’s procurement policies without any rational justification,” according to the court filing.

The application, under section 214 of the City of Toronto Act, asks that the LIUNA resolution be quashed.

“We had a very delicate balancing act to take into account,” Mayor John Tory said Wednesday of council’s LIUNA decision, adding he was content with his vote in favour of the motion.

Tory said council sought advice before adding LIUNA to the unionized contractors who can bid and were told that while many decisions can be challenged in court, this one would likely stand the test.

“The court case will unfold as it should and I can’t comment on that,” Tory added.