law

Why Government Is Not A Business

There’s more than enough information on the Internet right now about the havoc being inflicted on the United States by President Donald Trump and his associates. However, there are two perspectives on this craziness that I want to bring to your attention.

Some commenters have said they are not surprised at Trump’s behaviour in his new job because he’s “acting like a businessman”. In other words, he’s doing what the new CEO of any new business would do: setting up new procedures, changing things that need changing, and bringing in staff that he feels comfortable working with. Leaving aside the fact that Trump is a much less successful businessman than he pretends to be, this situation is a (more…)

Race, Class, and Bias in Hiring

At the start of a new year, a lot of people make resolutions for what they want to achieve in the next twelve months – and often those resolutions have something to do with work. The resolution could be to choose a new career, to get more education, or to look for a new job. So now is a particularly appropriate time to look at two recent studies about bias in employers’ hiring processes. The results of these studies demonstrate that job applicants can often be rejected for reasons that have absolutely nothing to do with their ability to do the job. And the studies also suggest that biased hiring has effects that go way beyond individual careers or workplaces.

These two studies used essentially the same methodology, which is (more…)

Supreme Court of Canada Decision in the BC Teachers’ Federation Case (Part II)

On November 10, the Supreme Court of Canada delivered an oral decision in the legal dispute between the British Columbia Teachers’ Federation (BCTF) – the union representing teachers in BC’s public school system – and the British Columbia provincial government.

That decision ended a 14-year legal battle between the two parties over the BC government’s decision to pass legislation that removed the language around class size and composition from its collective agreement with the BCTF, and that also excluded those issues from collective bargaining. The BCTF claimed that the government’s actions violated Section 2(d) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of association. Two previous Supreme Court of Canada decisions – in the Fraser case and the Health Services case – have established that in the context of labour relations, “freedom of association” includes workers’ rights to form unions and to engage in collective bargaining.

The Supreme Court decision on November 10 was remarkable because (more…)

Supreme Court of Canada Decision in The BC Teachers’ Federation Case (Part I)

This Thursday, the Supreme Court of Canada held its hearing of an appeal by the British Columbia Teachers’ Federation (BCTF), the union that represents teachers in British Columbia’s public school system.

This ongoing case – which started in 2002 – involves several actions by the BC provincial government in its collective bargaining for a contract with the BCTF, primarily around the government’s decision to pass legislation declaring that some items would not be bargained, and removing those same items from the collective agreement that was then in effect. The BCTF opposed both of these changes. Later, there were also issues around the government’s conduct during bargaining.

The BC Supreme Court twice ruled in the BCTF’s favour, once in 2011 and again in 2014. The BC government appealed the 2014 ruling, and the BC Court of Appeal overturned that ruling. The Court of Appeal decision was the basis of the BCTF’s appeal to the Supreme Court of Canada.

I think it’s fair to say that all parties involved with this case expected that a case this complex would entail a lengthy hearing at the Supreme Court, followed by several months for the nine judges to review the arguments and write their decision. However, much to everyone’s surprise, (more…)

Job Churn and Precarious Work

I wrote an opinion article for the Report on Business section of the Globe and Mail newspaper, responding to recent comments by Canadian politicians that workers should “get used to” job churn and precarious work. You can read the article here.

Letting the Sunshine In

How much light should a “sunshine list” shine?

Public sector compensation disclosure lists – “sunshine lists” – are lists of individuals in public sector jobs that are paid more than a certain amount. These annual lists usually include the person’s name, the public sector organization they work for, their job title, and their annual earnings for that fiscal year.  In Canada, five provinces have some version of a legislated “sunshine list”: Alberta, Nova Scotia, Ontario, Saskatchewan, and New Brunswick. (Other provinces publish salary information in their public accounts, but don’t produce a single comprehensive list.)

The reasons for publishing these lists usually involve “accountability” and “transparency” – but recently there has been pushback from some of the workers included on the lists. (more…)

Universities, Governance, and Conflict

It’s been a turbulent time recently in British Columbia’s post-secondary education system. In August, Arvind Gupta, the president of the University of British Columbia (UBC), suddenly resigned less than one year into his appointment. A UBC faculty member was criticized for a blog post she wrote about the resignation; that criticism resulted in an investigation which determined that UBC had failed to protect her academic freedom. After the report from the investigation was released, the chair of UBC’s Board of Governors stepped down from his position. But then an inadvertent leak of documents by UBC reignited the controversy, and Gupta spoke out to say that he chose to resign because he felt he did not have the support of the board.

Meanwhile, in December, the University of Northern British Columbia (UNBC) announced that its new chancellor – the ceremonial head of the university – would be James Moore, a former federal Member of Parliament and federal cabinet minister. Moore’s appointment was opposed by the UNBC faculty association, UNBC’s two student associations, and two thousand signatories to a petition, including several members of UNBC’s Senate. They complained that Moore had been a key part of a government that had muzzled scientific research and ignored climate change, and that some of Moore’s own actions went against the values and principles in UNBC’s mission statement. Despite the assurances of the chair of the UNBC Board of Governors that the board was “listening” to these concerns, Moore’s appointment was finalized in January.

These events have generally been framed by the media as a “they said”/”they said” scenario, with two different narratives struggling to become the one that’s accepted as the truth. Presenting the conflicting points of view is important in understanding why these disputes have arisen. But the “they said”/”they said” perspective omits the contextual picture: specifically, (more…)

Why Academic Freedom is Important to Everyone (Not Just Academics)

The ongoing conflicts at the University of British Columbia that I wrote about last week have caused a lot of discussion about the concept of “academic freedom”. Unfortunately, a fair amount of that discussion has criticized academic freedom as nothing more than an excuse for lazy academics to do irrelevant work, or as something that’s only important to ivory-tower inhabitants fighting over trivial issues.

Clearly I’m biased on the importance of academic freedom,  because it’s extremely relevant to my occupation. But the right to academic freedom in universities is something that is, and should be, important to everyone. Here’s why. (more…)

Business and Creativity: Cautionary Tales

When I worked as a music writer, one of the most fascinating things about the job was getting to see the business side of the music industry. While I met many people who genuinely believed in their company’s artists and did all they could to support them, I also regularly saw musicians and creative people get exploited. Even as a lifelong music fan, the scope and extent of this exploitation was a shock to me. Many artists’ contracts were astoundingly one-sided – and not in the artist’s favour –  and it was very easy for artists to quickly get into financial trouble, even if they were successful and smart.

Those experiences left a lasting impression on me. During the contract negotiations for the first edition of my textbook, I asked questions that my publisher’s representative later told me he had never had an author ask before. I had to explain to him that after seeing things like all the “recoupable expenses” that record companies routinely deducted from artists’ earnings, I wanted to be absolutely sure of what kind of contract I was getting into. And I also wanted to have at least some chance to make money from my work.

I don’t hold any illusions that things have gotten any better for artists in the years since I wrote about music. Taylor Swift recently got a lot of attention for boycotting Apple’s new music streaming service when she found out it wasn’t going to pay artists during its first three months of operation. Good for her for speaking up  – but there’s many, many other creative people who get ripped off and who don’t have the public profile or commercial power to demand fair treatment. Here’s two examples I recently encountered. (more…)

Why I support pretty much any strike by pretty much anyone, anywhere, about anything

In response to the one-day strike by Transport for London workers this week, Nathaniel Tapley provides this eloquent and passionate explanation of why it’s important for everyone to support workers on strike. “Every assault on pay, or conditions, for anyone in any industry narrows the options for us all. “

Nathaniel Tapley

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If you live in or around London, or work there, or know anyone who does, your social media will have been drenched in anger at the Tube strike this morning, along with the occasional voice popping up with: “I was saying Boo-urns.”

Anyway, many people’s first instinct is to blame the strikers (even if they couched in terms of support for nurses / teachers / anyone except tube drivers), so I thought I’d explain why mine isn’t.

To begin, I must declare an interest: I intend to use the Night Tube. I’d rather the person in control of the metal drunk-ferry burrowing its way through subterranean London at peak suicide time felt well-rested and recompensed and able to concentrate on getting me home without being dead.

They’re actually fighting for your pay and conditions

Wait, what? No they’re not? I don’t earn that much.

In a country where more…

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