law

The Power to Change

When I was researching the article on the “right to disconnect” that I recently wrote for The Conversation, one of the studies that I referenced was one exploring over-connectivity and gender equity in the legal profession. The Australian researchers interviewed 63 lawyers about the effects of newer digital technology tools (e.g. email, Zoom, Teams, texting, mobile phones) on their work. The legal profession is a good place to study these effects, because lawyers do complex work in time-sensitive situations that can unexpectedly change. They also simultaneously manage multiple clients, cases, and commitments.

The interviewees appreciated the work flexibility that digital technology gave them – particularly women with family or household commitments outside of work. But they reported that they were experiencing more challenges around setting boundaries between work and non-work times, due to their increased availability. Many also said that easier communication had intensified clients’ expectations for fast turnarounds and responses.

The interviewees discussed individual and firm-level strategies they used to deal with “digital overload”. These included clearly defined work hours, limiting the methods by which clients could contact them, and organizational policies with guidelines such as expected response times to messages from client. However, this part of the discussion really stood out to me. (more…)

The Right To Disconnect

I wrote an article for The Conversation website about “right to disconnect” laws (laws that give workers the right to ignore after-hours communications from employers) and why these are an opportunity for organizations, rather than a constraint. The full article is available here.

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…)

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…)

“It’s Beyond Frustrating”: Why Athletes are Still Being Abused

The Olympics are supposed to be an exciting and enjoyable experience, for athletes and for spectators. But for figure skating fans, the 2022 Winter Olympics in Beijing could best be characterized as stressful and depressing.

After the team event – the first skating event on the schedule – it was revealed that 15-year-old Kamila Valieva, the favourite to win the women’s event, had previously tested positive for a banned drug intended to treat chest pain. After an emergency hearing by the Court for Arbitration in Sport, Valieva was allowed to continue competing, but the medals in the team event were not awarded. Valieva ended up placing fourth in the women’s event, and her teammate Alexandra Trusova, who came second, had an emotional meltdown at rinkside, shouting that she hated skating and would never go on the ice again.

While watching all of this drama and turmoil unfold, I couldn’t help but think that for almost 30 years we’ve known there were problems in the sport of skating. In 1995, sportswriter Joan Ryan’s book Little Girls In Pretty Boxes painted a terrible picture of abusive coaching, unhealthy training practices, and incredible stress placed on young figure skaters and gymnasts. Thankfully, as an adult skater, I got into the sport when I was old enough to be in control of what I did. But it’s no secret to anyone who follows skating that, even after well-documented investigations like those in Ryan’s book, there are still very significant problems within the sport.

So I decided to get in touch with Ryan and see if she would be willing to be interviewed about whether anything has changed, 30 years after her whistleblowing. She kindly agreed, and we talked this week. Here’s a transcript of our conversation.

 

Fiona McQuarrie [FM]: What’s your take on the doping scandal at the Olympics?

Joan Ryan [JR]: The Washington Post asked me to write an op-ed on that a couple of weeks ago, and, you know, I wrote this book 27 years ago now. There has been change on the gymnastics side, unfortunately because of Larry Nassar, and because of the gymnasts themselves. They have risen up like an army, and they are the ones that are going to make sure it finally changes. That’s the only reason I have any hope that it’s going to change now after all these years.

I haven’t followed figure skating as closely over those 27 years, but the US skaters certainly seem healthier to me. I don’t know what’s going on behind the scenes, but clearly the total destruction of two of the three Russian figure skaters is a clear sign that it’s dysfunctional. There’s clearly (more…)

The Right to Disconnect

The boundaries between home and work became blurred when the COVID-19 pandemic caused many jobs to be shifted online. Workers who were not permitted to come into their workplaces were working on computers in their living rooms, dining areas, spare rooms (if they had one), and even closets and bedroom. But even before that, boundaries were already being blurred by communications technology such as cellphones, text messaging, and email, allowing employers to contact employees at any hour of the day or night – which for many workers made them feel as if they are never really off work.

Ontario’s labour minister has proposed a legal “right to disconnect” is a step toward solving the problem of employers expecting workers to always be “on”. This is an important initiative, and the problem needs to be addressed. But this on its own is not going to fix the more fundamental and widespread workplace issues that the pandemic has highlighted, and which should be more of a priority.

The legal “right to disconnect” was first implemented in France in 2017, allowing employees to not answer work-related emails or calls during their time off. Canada’s federal government struck a task force in 2020 to explore the possibility of similar legislation for federally regulated occupations.  Ontario’s proposed legislation would require organizations with 25 or more employees to develop policies around work-related communications, such as establishing expectations for response times to emails.

It might seem that policies like this could cause even more stress for workers and employers, by compressing working time while maintaining expectations of continued productivity. However, (more…)

A Crisis at Work

There’s more than enough chaos going on in the world right now. But amidst the coronavirus crisis, a couple of trends in the world of work are becoming more important.

We have been told for years that (more…)

The 1919 Winnipeg General Strike: six weeks of solidarity in the fight for workers’ rights

By Kelly Anne Griffin In the spring of 1919, tensions boiled over in Winnipeg. Social classes were divided by both wealth and status. Labourers gathered in a common front, and ideas about workers’ rights spread. Canada’s largest strike and its greatest class confrontation began on May 15. Even though changes were slow to come in the […]

via The 1919 Winnipeg General Strike: six weeks of solidarity in the fight for workers’ rights — Library and Archives Canada Blog

Scabby the Rat: Good Times, Bad Times

Several years ago, I wrote about Scabby the Rat, the giant inflatable rat that is regularly used at union rallies and picket lines to draw attention to greedy employer behaviour. Recently, Scabby has popped up (ha-ha) in the news, in a good way and in a bad way.

At the time of my previous post, Scabby had mostly made appearances in the US. But  this past summer Scabby showed up in my own country, rising above the fence at Ontario Place in Toronto during a lockout of stagehands at the Canadian National Exhibition. And now it seems that Scabby has gone international, as he was part of a recent case in New Zealand involving alleged defamation during contract negotiations.

In 2016, members of First Union were negotiating a collective agreement with the owner of a Pak’n Save supermarket. When negotiations stalled, the union members held a protest outside the supermarket, with Scabby and signs reading “Pak’n Slave”. The employer took the union to New Zealand’s employment court (similar to the provincial and federal Labour Relations Boards in Canada), claiming that Scabby and the signs were defamatory and that they breached the legal requirement to bargain in good faith.

In December 2018, an employment court judge ruled that the duty of good faith “does not require bargaining to be undertaken in a courteous way” and dismissed the employer’s complaints. Scabby’s presence at the protest was deemed (more…)