law

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…)

Mediation, Arbitration, Mediation-Arbitration, and Back-To-Work Legislation

Last week, Canada’s Parliament started the process of passing a law to end the rotating strikes at Canada Post. The Canadian Union of Postal Workers (CUPW) has been negotiating with Canada Post for more than a year for a new collective agreement, and the union is showing it’s serious about its bargaining demands by strategically timing its strike actions for when people and small businesses are relying on Canada Post’s services for holiday deliveries. However, complaints about backlogs of undelivered mail and the lack of progress in negotiations apparently made the federal government decide it was time to intervene in the bargaining process.

There seems to be a lot of confusion about the types of interventions that can be used to resolve bargaining disputes – particularly mediation-arbitration, which is not used very often, but which is what this law proposes to settle the contract. An explanation of each type of intervention will help in understanding the potential outcomes of (more…)

What’s a Rotating Strike?

Right after the day started today, the Canadian Union of Postal Workers  began a rotating strike against Canada Post. Workers went on strike in four Canadian cities – Halifax, Edmonton, Windsor, and Calgary – in support of their union in its negotiations for a new collective agreement. In addition to reviewing the terms of the existing collecting agreement, the union and the employer are bargaining over a number of contentious issues, such as the pay gap between rural and urban mail carriers. And these negotiations are happening in the context of a changing market, with lots of alternatives to sending letters through the mail – like emails and private delivery services. That shifting landscape is undoubtedly going to affect what the employer feels it can offer and what the union wants for its members.

A rotating strike (also sometimes called a partial strike) is not always used in bargaining disputes, so here’s an explanation of how it works.

Any kind of strike during negotiations for collective agreements needs (more…)

Same Question, Different Answers: How It Happens

How can two studies researching the same question come up with two different answers? That was the dilemma that several media outlets recently had to confront, with the release of the results of two studies looking at the impact of the city of Seattle’s minimum wage ordinance, which raised the minimum wage rate for workers in that city. Even though the studies were looking at the same issue, they came up with results that contradicted each other.

The results of the first study indicated that the wage increase didn’t reduce overall job numbers or hours of work. Media: “Yay! Minimum wage increases are a good thing.” But then the results of the second study indicated that the wage increase caused declines in both numbers of jobs and amounts of work. Media: “Um…okay, maybe minimum wage increases aren’t that great.”

The fact that these studies had different results doesn’t mean that one study is right and the other is wrong, or that both studies are wrong and nobody really knows what happened. The studies are admittedly not easy reading – both use complex forms of economic analysis that, frankly, I wouldn’t try to explain because I would probably get them wrong. But we can still look at how the studies were designed and carried out to see if there are reasons why their results might differ.

Here’s a table that (more…)

Ask Not What Amazon Can Do For You

The mighty Amazon has announced that it is looking for a city in which to locate a second North American headquarters (“HQ2” in Amazon-speak), to supplement its operations in its home base of Seattle.  It’s also released a set of specifications describing what it’s looking for in a new location. The reaction to this announcement has resembled the 1960s TV game show The Dating Game, in which a single man or woman would ask questions to three blushing men or women on the other side of a wall. Based on the answers, the questioner would choose which of the three they wanted to go on a date with, and then the lucky couple would finally get to see each other and go on a fabulous night out.

So Amazon has asked its questions, and 238 cities and regions throughout North America have answered, with (more…)

Back (sort of)

I’ll be returning to posting more regularly in the next little while. But in the meantime, here’s updates on two earlier posts. (more…)

A Strike That’s Gone On Too Long

Last week there was a significant event in Nova Scotia that went largely unnoticed in the rest of Canada. Unfortunately it’s not a positive event, and it deserves more attention.

Over 50 unionized newsroom employees at the Chronicle Herald newspaper in Halifax have now been on strike for more than 500 days. Yes, almost a year and a half. (The length of the average work stoppage in Canada is six days.) The strike started on January 23, 2016, after (more…)