labor relations

Ratification

One of the biggest recent news stories in my region was the strike by the International Longshore and Warehouse Union (ILWU) locals that represent port workers on Canada’s west coast. Not only did this strike severely affect the flow of goods entering Canada from overseas – after all, part of the point of a strike is to cause economic disruption – but it also had an unusual and prolonged ending. The initial tentative collective agreement was rejected by a council representing the union’s locals. And then, when a another tentative agreement was reached, it was approved by the council but rejected by the membership. The dispute finally ended at the end of August when the members accepted another version of the agreement.

This was an extremely complex collective bargaining situation, with several different union locals in several locations, many different occupations represented by those locals, and an association representing 49 different employers bargaining on the management side. I’m not going to get into all of the specific details of the dispute – this is a very good summary and overview of it – but I’m going to discuss the issue of ratification votes on tentative collective agreements, because some of the media coverage of the dispute didn’t explain this accurately.

First, it’s helpful to understand (more…)

On Strike Votes and Turnouts

Last week, more than 120,000 members of the Public Service Alliance of Canada/Alliance de la fonction publique du Canada (PSAC/AFPC) – the union that represents many of Canada’s federal employees – went on strike. The unresolved bargaining issues include wage rates and the amount of remote work (“work at home”) done by PSAC members.

A PSAC member filed a complaint with the Federal Public Sector Labour Relations and Employment Board asking for the strike vote to be declared invalid, because PSAC shortened the voting period after the announcement of the vote. In their decision, the three Board members hearing the complaint noted that while “the respondent made no discernible effort to announce its reduction of the voting period”, and expressed misgivings about other aspects of the changes to the voting process, such as limited attempts to reach members without email addresses, and limited capacity at the mandatory information meetings held online prior to the vote itself.

Nevertheless, the Board members concluded, the vote was more than 80% in favour of striking and “the Board is satisfied that in the current circumstances, the vote result would have been the same even without the irregularities.”

A considerable amount of the news coverage of this case has focused on the low turnout in the vote – only 35% of eligible PSAC members participated. The underlying tone to much of this coverage is that because of the low turnout, the vote is somehow not representative of the opinion of the entire PSAC membership. It seems that some journalists and commentators could benefit from a review of some basic information about strike votes and democratic processes. Here it is. (more…)

Unionizing Starbucks

Just a few years ago, if someone had said that more than 200 Starbucks outlets in North America would be unionized, the response would have been something like this.  Yet here we are, just after Labour Day, and….more than 200 Starbucks outlets are unionized, including several in Canada. These unionizations are remarkable not just because they’re happening, but also because the successful unionization campaigns look nothing like what unionizing efforts are supposed to look like.

Starbucks is a huge and very wealthy international corporation, so it has lots of resources to oppose unionization in its “stores”. With many of its locations in the US, it benefits from US labour laws that are generally less union-friendly than in Canada – for example, captive audience meetings are banned in Canada but permitted in the US – so US employers tend to be more successful at resisting unionization. And because of how Canadian and US labour laws are structured, unionizing a company like Starbucks, with multiple locations, generally means the union has to run an organizing campaign at each individual location, rather than being able to unionize all of them at once. (In 2021 Starbucks had over 1300 locations in Canada and nearly 9000 locations in the US, in addition to licensed outlets operated in partnership with other retailers.)

Most traditional union organizers would look at this situation and say that it would be just too difficult and too expensive to organize unions at Starbucks, and that any attempt to do so would probably fail. To have any chance at success, a union would have to be very experienced, and have skilled organizers and major resources, to combat the extensive anti-unionization campaign and anti-union tactics that Starbucks would undoubtedly roll out. Also, because the food service sector tends to have high rates of employee turnover, most large unions have avoided organizing workplaces in that sector, because of the very real possibility that workers supporting the union might leave or be fired before the union is formally recognized.

So it’s incredible not only that there are now so many unionized Starbucks locations, but that (more…)

Fact-Checking Card-Checking in British Columbia

In April, the British Columbia government introduced legislation that would change the Labour Relations Code and allow automatic certification in union organizing campaigns. This change would make it much easier for unions to become the legal workplace representative for employees. The usual pro-business pro-management organizations – Chambers of Commerce, the Canadian Federation of Independent Business, the Business Council of BC – are complaining that this change would “weaken the democratic right for workers to exercise choice through a secret ballot”.  The Business Council has also sent a letter to BC Premier John Horgan with a lengthy list of complaints about the legislation’s potential impacts.  And the “non-partisan” Fraser Institute has called the proposed legislation “unfair to workers”.

At best, these statements are misleading. At worse, they reflect an implicit belief that unions can only hurt businesses’ operations and profitability – a belief which is also highly inaccurate.

To understand why these statements are so troubling, it’s useful to know what automatic certification is. When a union (more…)

Lawren Harris’ “Miners’ Houses, Glace Bay”

Canada Post has just released a set of stamps celebrating the 100th anniversary of the first exhibition by the Canadian painters who became known as the Group of Seven. The set has one stamp for each of the seven painters, and the stamp for Lawren Harris shows his painting Miners’ Houses, Glace Bay. I was delighted to see that Canada Post chose this painting, not only because it was the cover image of the first edition of the textbook that I write, but because Miners’ Houses represents an important part of Canadian labour relations history.

Harris created the painting in 1925, after a trip to Nova Scotia. The houses at Glace Bay, near Sydney, were the homes of  mineworkers and their families; at the time of Harris’ visit, the miners’ union was engaged in a lengthy strike against the mine owners, rebelling against (more…)

Uber, Lyft, and Independent Contractors

Ridesharing officially came to British Columbia in January, when the provincial Passenger Transportation Board approved operating licenses for Lyft and Uber.  Vancouver is one of the last major cities in North America to get ridesharing, partly because of opposition from the local taxi industry and partly because of the lengthy process to amend the complex provincial legislation regulating rides for hire.

At the moment, ridesharing is limited to the Lower Mainland area (which includes Vancouver), and ridesharing drivers are more strictly regulated than they are in other regions. Uber and Lyft drivers in BC are required to have the same type of driver’s license as a taxi driver, and also have to pay a per-vehicle licensing fee in every municipality they do business in. Those costs will make it difficult for Uber and Lyft to get the types of drivers they do in other cities, who (in Uber’s words) are part-timers “fitting their driving around what matters most” and usually aren’t commercially-licensed drivers.

Several challenges to Uber and Lyft’s operations are already under way. BC taxi companies have filed a lawsuit against Uber and Lyft being granted permission to operate, arguing that the ridesharing firms have an unfair advantage because their licensing requirements are different from taxis. The mayor of Surrey has refused to allow Uber and Lyft to operate in that city. And riders with disabilities are upset that they may not be able to use Uber or Lyft because neither company requires its drivers to have accessible vehicles.

However, one of the most interesting challenges to Uber and Lyft’s arrival actually happened before either company was given permission to start operating. That challenge came from the United Food and Commercial Workers (UFCW) union, which has already (more…)

Unions and Their Unions

A lot of people don’t realize that unions that represent workers in interactions with employers are also employers themselves. The union’s leaders are members of the union and are elected by the other members – but most unions, especially larger national or international unions and labour federations, also have administrative, executive, and staff employees. These employees keep the union running day to day, and might have special expertise, like researching or negotiating, that the union can use during its organizing campaigns or collective bargaining.

What a lot of people also don’t realize is that employees of unions are often unionized themselves. The employees don’t belong to the same union that they work for – that would be a conflict of interest. So they are members of a different union, usually one that includes workers in similar occupations. As an example, the employees of the union I belong to, at a provincially-funded university, are members of a local of the Canadian Union of Public Employees, a national union that represents many public sector workers.

A union’s employees being unionized also means that, like any other group of unionized workers, they negotiate with their employer for a collective agreement. And that is where things can get kind of tricky. (more…)

Un-Cooperative

The co-operative business model is intended to be an alternative to the traditional capitalist business model, in which the business’ owners or their representatives (managers) run the business and receive the profits from the business’ operations. In a co-operative, the customers of the business are also the owners of the business. Customers usually have to purchase a membership in the co-operative to use its products or services. The members elect a board of directors which is responsible for overseeing the business’ operations, and profits from the business are returned to the members in the form of dividends or reduced prices.

Many co-operatives were formed in areas or industries that traditional businesses refused to serve – either because they did not think there was enough of a market, or because they did not think they would make enough profit. So the co-operative business model is not only an alternative to capitalist business; it’s also a direct challenge to that model. As such, you would think that co-operatives would also challenge the traditional top-down relationship between managers and workers, and treat their employees fairly and respectfully. But workplace disputes at three different co-ops are showing that unfortunately this doesn’t always happen.

In Saskatchewan, unionized workers at the Saskatoon Co-op, (more…)

Unionizing Comics

I probably stopped reading comic books in the middle of my teens (although I love comic strips in newspapers), so my knowledge of the comics industry is pretty outdated. However, I’m always interested in unionizing campaigns for any type of worker, so I was intrigued when I came across the Twitter account Let’s Unionize Comics. Sasha Bassett runs that account; she is a Ph.D student at Portland State University and a self-declared “all-around pop culture junkie”. She has also conducted a survey of workers in the comics industry about their working conditions and their workplace concerns. Sasha graciously agreed to be interviewed via email about the comics industry and her vision of how it could become unionized.

Fiona: For readers who may not be familiar with how the comics industry works, can you describe its structure? For example, is it dominated by major companies, or is there a significant number of independent firms? Do comics artists work on their own and then try to sell their work, or are they usually commissioned to do specific projects?

Sasha: The structure of the comics industry is complex and fairly non-standardized. The market is absolutely dominated by (more…)

LabourWatch is Back

The Canadian LabourWatch Association claims that it exists to “advance employee rights” and to provide “balanced” information about unionization in Canadian workplaces. However, this group’s real intention is to undermine Canada’s labour unions and Canadian workers’ legal right to choose to be represented by a union in their workplace.

In recent years, LabourWatch was one of the main supporters of Bill C-377 – a proposed federal law that would have required much more stringent financial reporting from unions than from other federally-regulated organizations. LabourWatch has also lobbied against mandatory union dues, and has been used as a resource by companies with unionized workers on strike in encouraging those workers to decertify their unions.

After the defeat of Bill C-377, and after the Conservative party lost the 2014 Canadian federal election, LabourWatch gradually became much less visible. The last newsletter posted on its website is from February 2017, and despite initiatives such as a review of federal minimum wage rates that would seem to be relevant to a group allegedly promoting “employee rights”, LabourWatch has been all but silent.

Until now.

On June 24 and 25, LabourWatch is (more…)