law

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's avatarNathaniel 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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Bill C-377: A Sad Day for Democracy

Canada Day, July 1, is a day for Canadians to show their pride in their country. I love my country deeply. I am very grateful to have been born here, and I chose to live here. But this Canada Day is less than a joyous occasion for me – because on June 30, a law was enacted whose content and history is an embarrassment to democracy in this country.

I’ve written a couple of previous posts about Bill C-377, which started out as a private member’s bill in Canada’s House of Commons in late 2011. The bill amends Canada’s Income Tax Act to require “labour organizations” to submit statements to the Canada Revenue Agency showing the details of every financial transaction they make with a value over $5,000, along with details of any salaries over $100,000 annually that they pay. They are also required to submit a statement estimating the amount of time they spend on “political activities, lobbying activities and other non-labour relations activities”.

This information would be made publicly available on the Canada Revenue Agency website. It’s important to note that the details of financial transactions could include the amount of the transaction and the details involving the union, and the details of the other party or parties participating in the transaction.

There are many articles on the Internet describing the selective interpretations of Parliamentary procedure that were used to push this bill through Canada’s House of Commons and Senate. It says a lot about the poor quality of this bill that procedural manipulations were necessary for it to receive the approvals needed to become law. However, what I want to focus on in this bill’s enactment is the shameful disrespect for expert opinion and the apparent dominance of party loyalty over responsible decision-making. (more…)

Calling for a Public Inquiry

There is a situation going on right now in my home province of British Columbia that is deeply distressing to me as a researcher, as an instructor who teaches courses about employment, and as a citizen. I’m writing this blog post to join the calls for a public inquiry into this situation.

I have been told that this situation hasn’t received a lot of attention outside of BC, so I’ll explain what has happened.

In early September of 2012, Margaret McDiarmid, at the time the health minister in BC’s provincial government, held a news conference to announce that four employees had been fired and three employees had been suspended from the ministry’s pharmaceutical services division. (Subsequently, the suspended employees were fired, and a student researcher on a co-op term was also fired.) The health ministry’s pharmaceutical services division, among other responsibilities, assesses medications to determine whether they will be approved for sale in BC, and/or whether the cost of purchasing the medications will be subsidized by the BC government’s PharmaCare program.

McDiarmid stated at the news conference that the reason for the suspensions and dismissals was an alleged privacy breach involving confidential patient-related data. She also stated that the Royal Canadian Mounted Police (RCMP) were investigating the allegations.

Some of the dismissed and suspended employees were employed through contracts with the ministry, and some were permanent employees. Several of them filed wrongful dismissal and defamation lawsuits; others pursued grievances through their unions. One of the lawsuits alleged that (more…)

Beyond the B-School: Alternatives to the MBA for HR and IR Practitioners

The Master of Business Administration (MBA) is widely perceived as the graduate degree to acquire if you’re in business. But if you’re interested in human resource management or industrial relations (HR/IR), doing an MBA presents a particular set of challenges.

One problem is that MBA programs are expensive. At many universities, the pricing of these programs is based on the assumption that the student’s employer will subsidize the cost – which may not always be true. The cost of an MBA program is an issue for many potential students, but cost may be a particular challenge for HR/IR practitioners – especially those whose education might not be subsidized – because HR jobs tend to pay less than other business-related jobs.

Another problem is (more…)