law

Changing the Story: A Visit with the Las Vegas Culinary Workers Union

I recently returned from presenting a paper at the 8th Annual Colloquium of Current Scholarship on Employment and Labor Law, a conference that was started by a group of American law professors, and hosted this year by the William S. Boyd School of Law at the University of Nevada-Las Vegas. Although I am not a lawyer or a law professor, and although there are some pretty significant differences between American and Canadian labor and employment law, this particular conference is always extremely rewarding. The program is very inclusive – people present research at all stages of development, from potential ideas to already published books and articles – so I always learn a lot and meet really interesting people.

There was some excellent research presented at the conference itself, but what I want to talk about in this post is an event that for me, as a Canadian, was (more…)

Sick Days “Abuse”: More Nonsense from the Canadian Taxpayers Federation

Generally I try not to write about any “news” coming out of the Canadian Taxpayers Federation, because their anti-union and anti-public service bias is so obvious. I did break down a few weeks ago and write about their latest attempt to push public/private sector pay “equity” legislation. And while I really don’t want to dignify their Labour Day claims of rampant abuse of sick days in the public sector, the methodology behind their claims is so flawed that it has to be commented on. There also needs to be some response to (more…)

Activism: It’s Not Just for Labour Day

It’s Labour Day weekend, and as many of my colleagues ruefully note, this is the one time every year when labour and union issues are guaranteed to get some attention in the news. And it’s usually mentioned in this news coverage that unions’ activism doesn’t just benefit their own members, but also improves society at large. When I teach industrial relations, I always talk about how workplaces don’t have things like minimum wages and regulated working hours because employers woke up one morning and voluntarily decided to give these things to their employees. Those things are required by law – and while unions were among the activists fighting to get those laws passed, the unions wanted better working conditions not just for their own members, but for everyone.

I’ve been thinking about this kind of activism in a very roundabout way recently, because of (more…)

The “Compensation Equity Act”: Anything but Equitable

Once again, the Canadian Taxpayers Federation (CTF) is promoting the idea of a “Compensation Equity Act” that would require British Columbia public sector workers to be paid no more than private sector workers doing the same job. An article in the Province newspaper quotes CTF’s BC director, Jordan Bateman, as claiming that “taxpayers are overpaying for labour throughout the system”, based on three examples: (more…)

Poll Used to Support Bill C-377 Was Flawed

A poll that was allegedly the basis for proposing Canada`s controversial “union transparency” legislation, Bill C-377, is now being reviewed by a professional standards organization.

The Vancouver Sun reports that the Canadian Labour Congress has filed a complaint about the poll with the Market Research and Intelligence Association. The complaint, based on research by two University of Regina professors, alleges that the results (more…)

Unions, Feminism, and the Fortress Mentality

When a movement for social change is struggling, what’s the best strategic response? Is it to protect and nurture what’s been achieved? Or is it to attempt to become even bigger, and risk undermining the progress that’s already been made?

A few weeks ago, former union organizer Rich Yeselson  wrote a provocative article titled Fortress Unionism. In the article, (more…)

BC Government Mandates Bargaining for 10-Year Teacher Agreement

A few weeks ago, I wrote about how the idea of a 10-year-long collective agreement for British Columbia public school teachers had raised its ugly head yet again in the context of the BC provincial election campaign.

The BC Teachers’ Federation (BCTF) and the provincial government’s representatives are currently negotiating their next collective agreement, to replace the agreement now in effect which expires in June. It was a very hopeful sign for this round of negotiations that the two parties, who in the past have been very adversarial, voluntarily and jointly agreed to some revisions in their bargaining structure and process. (The revisions are described in this briefing note from the BC Public School Employers’ Association [BCPSEA].) However, according to this story in the Globe and Mail, the newly re-elected Liberal government has just issued letters to both parties “rescind[ing] a previous bargaining mandate [for the government’s negotiators] and highlight[ing] the 10-year proposal as a point of negotiation”. Here is a copy of the letter sent to the BCPSEA.

The idea of a 10-year collective agreement was first introduced (more…)

Not Again: The “10 Year Collective Agreement” for BC Teachers Should Just Go Away

Back in October of 2012, British Columbia’s premier, Christy Clark, proposed the idea of a 10-year-long collective agreement for teachers in BC’s public school system. The proposal came after a long and bitter round of bargaining, which saw, among other things, a brief teachers’ strike that was shut down by back-to-work legislation, a BC Labour Relations Board ruling upholding the teachers’ decision to refuse volunteer assignments, and, eventually, a mediated settlement that produced a one-year collective agreement expiring in June 2013.

The idea of a 10-year-long collective agreement for the province’s teachers got a mixed reaction. (more…)

What Being a Professional Really Means

My doctoral dissertation was about workers in semi-professional occupations, and how their identification with their profession’s values affected how they felt about their work. So I’m always fascinated by stories about professionals faced with difficult situations that challenge the values of their chosen occupation.

This article about Geir Lippestad, the Norwegian lawyer who defended mass murderer Anders Breivek, appeared in the Globe and Mail last month. A few weeks later, Doug Christie, a Canadian lawyer who also defended controversial clients, passed away. I’ve been thinking about the contrast between the two and their reasons for doing what they did – and I’m kind of sorry that the article on Lippestad did not get more attention, because to me he represents why professional work is so important. (more…)

New Labo(u)r Laws: Solving Problems that Don’t Exist

The program I teach in puts a big emphasis on using case studies – giving students a description of a problem situation, getting them to think the situation through, and getting them to come up with solutions to the problem. I really enjoy teaching with case studies, because one of the things they train you to do is to reason through a problem, rather than just jumping at a solution. (more…)