law

Is the BC Government Bargaining in Bad Faith?

This week, the British Columbia government announced that if the current strike by the British Columbia Teachers’ Federation (BCTF) extends into the start of the new school year, parents of public school students under the age of 13 will receive $40 per day for as long as the strike lasts. The reaction to this announcement was less than positive. Many parents stated they would sooner see the money go into funding public education or settling a collective agreement with the BCTF, and a University of Victoria economist pointed out how poorly organized the plan seemed to be. But another question that was raised in the discussions of the plan was: in announcing that plan, was the BC government bargaining in bad faith?

It isn’t easy to answer that question with a definitive “yes” or “no”.  And here’s why. (more…)

BC Labour Relations Board: IKEA Is Bargaining In Bad Faith

I’ve written several previous posts about the labour dispute at the IKEA store in Richmond, British Columbia, which has seen unionized workers locked out for more than a year.

In May, the union representing the workers, Teamsters Local 213, filed a complaint with the British Columbia Labour Relations Board (LRB) about IKEA’s actions. The union alleged that IKEA was trying to undercut the union’s role as the workers’ representative in bargaining, by offering financial inducements to workers to cross picket lines and return to their jobs.

On Friday, July 25, the LRB ruled that (more…)

The BC Public School Employers’ Association and Its Bargaining Dispute with The BC Teachers’ Federation

This week, the British Columbia Public School Employers’ Association (BCPSEA) – the employers’ representative in the current collective agreement negotiations with the British Columbia Teachers’ Federation (BCTF) – released a background document analyzing the BCTF’s most recent bargaining proposals. In the same week,  The Tyee news website featured several past bargaining participants saying that the two parties’ attitudes have always been a barrier to concluding an agreement. In that context, the BCPSEA backgrounder deserves some closer attention, because, in my opinion, it is (more…)

The Coalition of BC Businesses and the BC Teachers’ Federation Court Case

The Coalition of BC Businesses has announced that it has applied for intervenor status in the British Columbia government’s appeal of the BC Supreme Court ruling ordering the government to restore certain language to its collective agreement with the BC Teachers’ Federation. Intervenor status gives an applicant the right to participate in the case proceedings, and to make submissions to the court on the legal issues involved in the case. The full text of the original Supreme Court ruling is here, and here is the text of the Court of Appeal decision staying the implementation of the ruling until the appeal process has been completed.

I don’t have access to the Coalition’s complete application for intervenor status, but I want to make a few comments on (more…)

Flawed Data, Questionable Results: International Monetary Fund Research Gets Criticized

Research methodology scares a lot of people. There’s this idea that you need an advanced degree and very specialized education to design and conduct a research study. That isn’t always true – a lot of times, it’s just a matter of thinking logically about how to get and use meaningful data to help you understand a situation.

But researchers with advanced degrees and very specialized education, and working for hugely influential international policy-making and governance organizations – they know how to collect accurate data and analyze it appropriately. Right? Right??

Ummm….maybe not.

In March of this year, (more…)

Getting It Right About Canadian Unions’ Rights

The Canadian Constitution Foundation (CCF) is a Calgary-based organization that bills itself as “Freedom’s defense team”. Although the CCF claims it is “non-partisan” and “politically neutral”, the legal cases it undertakes have a common theme of anti-government-regulation  – cases involving challenges to the Canadian health care system, challenges to government food safety regulations, and challenges to aboriginal self-government.

With that questionable record of “neutrality”, I guess I shouldn’t have been too surprised by a column written by Karen Selick, the CCF’s litigation director, which strongly criticized Canadian unions for allegedly having a “battery of privileges that should have no place in a free society“.  Well, expressing a strong opinion is one thing. Using selective and misleading information to support that opinion is another thing altogether.

The context of Selick’s anti-union diatribe is (more…)

Some Thoughts on Orly Lobel’s “Talent Wants to Be Free”

I had the pleasure of meeting Orly Lobel this past September at the Employment and Labor Law Colloquium at the University of Nevada, Las Vegas. As it happened, the colloquium was held just a few days before Orly’s book, Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding, was officially published. At the colloquium, Orly gave a brief talk about the themes of the book , and I was so intrigued by what she discussed that I bought the book as soon as it was available here.

I was hoping to have posted something sooner about Talent Wants to be Free. But the book was so thought-provoking for me that I ended up reading a part of it, putting it aside to think about what I had read, and then reading some more. So it took me a while to get through the entire book – but that’s an indication of how much valuable information there is in it, and how smartly it’s written.

(more…)

Anita Hill, Two Decades Later

Last week, Anita Hill appeared on The Daily Show with Jon Stewart.  She was there to promote a new documentary about her experiences in 1991, when she testified to a US Senate committee that she had been sexually harassed at work by Clarence Thomas, at the time a nominee for the position of US Supreme Court Justice. (Stewart’s interview with Hill is here for American viewers; Canadian viewers can see it here.)

In her interview with Stewart, Hill explained that she got involved in the documentary to help educate younger workers about why sexual harassment is still (more…)

Statistics and University “Rape Culture”

In the last few weeks, as a result of incidents such as a sexual assault investigation leading to the suspension of the University of Ottawa men’s hockey team and its coaches  and a University of Ottawa student politician alleging online sexual harassment, there has been a great deal of heated discussion about whether a “rape culture” exists on Canadian university campuses.

Columnist Barbara Kay at the National Post newspaper waded into the fray with this column, in which she states “[rape culture] does not exist” and presents statistics which she claims prove that statement. She also asserts that “[i]f these statistics do not convince you, then I suggest you are in the grip of a serious ideological virus. There is a remedy for it, called critical thinking.”

Okay, then. Let’s look critically at the statistics in Kay’s column. (more…)

More on Public Sector Sick Days “Abuse”

A few months ago I wrote about the Canadian Taxpayers Federation’s completely unsupported allegations of rampant sick day “abuse” by British Columbia’s public sector workers. Sadly, similar accusations have also been flying around (more…)