labour unions

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…)

“The Power of a Collective”: The Experience of Unionizing at a Chapters/Indigo Store

As an author and as a reader, I love bookstores. I want to support bookstores that treat their employees fairly and respectfully, because knowledgeable and enthusiastic staff are the difference between a good bookstore and a great bookstore. So I was delighted when the staff at my local Chapters/Indigo store became members of the United Food and Commercial Workers union, and recently reached their first collective agreement.

Traditionally, retail outlets staffed by younger or part-time workers have been perceived as challenging to unionize. I was curious about the process that led to the formation of the Indigo 771 union, so I got in touch with Ariel Popil and Alex Johnson, the two union stewards at the store. They graciously agreed to be interviewed via email about the experience of organizing the union.

[Note: since this discussion took place, workers at another Chapters/Indigo location, at Kennedy Commons in Scarborough, Ontario, have started a certification campaign.]

How many full-time and part-time staff work at Indigo/Chapters Pinetree? How many of those staff are in the union?

There are about 30 part-time staff members at any given time, and we have one full-time staff member. All part-time and full-time staff are part of the union.

When did the organizing campaign start, and why did it start? What was happening at the store that made the workers want to be represented by 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…)

(Not) Helping Canadian Journalism

The Local Journalism Initiative (LJI) is a fund set up by the Canadian government in 2019 to “support the creation of original civic journalism that covers the diverse needs of underserved communities across Canada”.  News organizations can apply for funds to cover the salaries of newly hired reporters, if those reporters are assigned to specific beats that address “news deserts”.   To maintain editorial independence, the fund is administered by a group of news industry associations that oversee the application and adjudication process.

Media organizations everywhere are having financial problems, largely because of competition from free online content and because of advertising buys going to websites and social media. So the intent of the LJI is commendable, especially if it can help support local reporting – which, as we’ve recently seen in the US, is critical in keeping governments accountable, and in building democracy by keeping citizens informed.

But LJI funds should not be going to media organizations that have largely been the architects of their own financial misfortune – and which could also be blamed for creating the “news deserts” that the LJI is trying to fix. Two obvious examples of such organizations that LJI has funded are the newspaper chains Postmedia and Saltwire.

Jeremy Klaszus, publisher of the award-winning online publication Sprawl Calgary, posted a thread on Twitter this week, after Sprawl’s application for LJI funding was rejected for a second straight year. (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…)