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Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-21

Name of organisation making submission: DR-21 International Association of Machinists and Aerospace Workers LL1120

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

the welfare or well-being of the general public


2. Who should the College serve? Who is “the public” in the public interest and what groups make up the public?

College should serve all trades and protect public interest.


3. How should the College make decisions in the public interest where different segments of the public may have opposing interests?

College should make decisions based on majority consensus


4. Is the College currently protecting the public interest?

No


5. How should the College advance the public interest?

by having guidelines to ensure everyone is treated equally and fairly





Section B - Issues Related to Scopes of Practice (SoPs)

6. What impact do SoPs in regulation have on your daily work activities or on the way you conduct business? What aspects of an SoP are important to the work of your trade? Please explain.

None SoPs are not current or relevant to the auto body trade. The standards should be the guidelines for our trade.


7. Do you agree with the suggestion that trades may have core elements as well as peripheral elements?

No


8. What should be the key elements of an SoP? In particular, should the SoP for a trade list all of the tasks, activities or functions in which an apprentice should be trained, only those that are unique to the trade, or only those that may pose a risk of harm to the public, tradespeople or other workers on the job? Please explain.

The SoP should include only the tasks that are unique to the trade. In that the tasks will protect the public from harm or other workers


9. How should a review or change in SoP be carried out?

They should use the standards as a guideline for the SoPs.


10. Can or should the existing SoP provisions support the College’s diverse functions (e.g., apprenticeship training, enforcement, classification reviews)? Please explain.

No, the SoPs are not specific or detailed enough to use.


11. Should the entire SoP for a compulsory trade be enforceable or be subject to enforcement? Please explain.

Should be subject to enforcement only when it's current and up to date with that trade.


12. Could the College benefit from a distinct list of compulsory activities that may pose a risk of harm to the public, tradespeople or other workers on the job? Please explain.

No. Each trade has it's own risks that need to be dealt with individually by trade.


13. What is your understanding of what an overlap between SoPs is?

More than one trade may have parts of another within it's SoP.


14. Do overlaps between SoPs in regulation have an impact on your daily work or on the way you conduct business? Please explain.

Yes. Mechanics and Bodymen have a lot of overlap within the two trades. The distinction is that when bodymen do mechanical work it is due to a collision or damage and has to be done by the bodymen to complete his repair but is always checked by a mechanic afterwords. Re: 4 wheel alignments, brakes and other suspension repairs.


15. Does the application of the third legal interpretation principle on overlapping SoPs pose a risk of harm to the public, tradespeople, or other workers on the job? Please explain. If so, what can and should be done about it?

Yes. Should close the loopholes if it is in a compulsory trade it must be done by those in that trade.





Section C - Classification or Reclassification of Trades as Compulsory or Voluntary

16. What makes a compulsory trade compulsory and what makes a voluntary trade voluntary?

Compulsory trade is one that requires a license or certification to be qualified to do that trade. Voluntary does not require licensing or certification to work in the trade.


17. Is the current classification of trades as either compulsory or voluntary aligned with the College’s duty to serve and protect the public interest?

Yes


18. Is it reasonable to assume that there may be elements in the SoP for a trade that are inherently hazardous or that may pose a risk of harm to the public, tradespeople, or other workers on the job?

Yes


19. Could compulsory certification be limited to either the core elements of a trade or those tasks, activities, or functions that may pose a risk of harm to the public, tradespeople or other workers on the job? What kind of impact would these approaches have on your daily work or on the way you conduct business?

Certification should not be limited.


20. Should the College continue to rely on an adjudicative review panel approach (i.e., the Ontario Labour Relations Board model) or should a different model be considered? Please explain.

Yes. Each trade knows what will benefit that trade.


21. How should expert opinion be obtained?

Through trade professionals.


22. Are the current criteria for trade classification reviews set out in O. Reg. 458/11 consistent with the public interest? Please explain.

Yes. It is the concern by the trade for the trade.


23. Are the criteria specific, clear and measurable enough to inform you of what data and evidence are needed to meet those criteria?

Yes


24. Are the existing criteria the right criteria?

Yes





Section D - Decisions of the Ontario Labour Relations Board (OLRB)

25. Do the scopes of practice (SoPs) in regulation reflect the way in which work is actually assigned in your trade or sector?

Our SoPs are outdated and do not accurately reflect todays autobody trade.


26. Do you agree with the notion that most jurisdictional disputes arise from peripheral elements of the trades? Please explain.

We do not have jurisdictional disputes in our trade.


27. What consideration should the College give, if any, to the decisions made by the OLRB in jurisdictional or work assignment disputes under the Labour Relations Act? If the College were to adopt the OLRB's decisions, what impact would that have on your trade and the way you conduct business? Please explain.

No consideration should be given to the decision made by the OLRB. I believe the industry should with the help of the College settle any work assignment or jurisdictional disputes.





Section E - General Response and Comments

28. Please provide additional comments below, if any.

Whether with scope of practice or standards there needs to be a clear description of our trades to facilitate the ability of the College to improve our trade.