labour disputes

Un-Cooperative

The co-operative business model is intended to be an alternative to the traditional capitalist business model, in which the business’ owners or their representatives (managers) run the business and receive the profits from the business’ operations. In a co-operative, the customers of the business are also the owners of the business. Customers usually have to purchase a membership in the co-operative to use its products or services. The members elect a board of directors which is responsible for overseeing the business’ operations, and profits from the business are returned to the members in the form of dividends or reduced prices.

Many co-operatives were formed in areas or industries that traditional businesses refused to serve – either because they did not think there was enough of a market, or because they did not think they would make enough profit. So the co-operative business model is not only an alternative to capitalist business; it’s also a direct challenge to that model. As such, you would think that co-operatives would also challenge the traditional top-down relationship between managers and workers, and treat their employees fairly and respectfully. But workplace disputes at three different co-ops are showing that unfortunately this doesn’t always happen.

In Saskatchewan, unionized workers at the Saskatoon Co-op, (more…)

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…)

Post-Secondary Institutions and Precarious Work

In February, the Canadian Centre for Policy Alternatives released a study of precarious employment in Ontario colleges and universities. Last week, some of the challenges identified in this study became very real when contract workers at York University in Toronto went on strike. The bargaining issues that the union and the university haven’t agreed on include job security for contract workers and guaranteed funding for teaching assistants.

The CCPA report is extremely valuable – not only because its analysis has suddenly become even more relevant, but also because (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…)

Public Education and the British Columbia Provincial Election

Some of this blog’s readers are likely already aware that the Canadian province of British Columbia (where I live) is going to have a provincial general election on May 9.  Lots of issues are being raised in the election campaign: jobs, the cost of housing, natural resources, regional inequities, and campaign financing.

As in any election, education is also an important issue. The platforms of BC’s three major political parties – the Liberals (who, as the party with the most elected representatives in BC’s Legislature, are the current governing party), the New Democratic Party (NDP), and the Green Party – all have promises related to elementary and secondary (K-12) education. That’s heartening to see, because publicly-funded education is an essential part of a democratic, equal-opportunity society. However, the election discussions around BC’s K-12 public education system have not always included the significant events around that system in the last few years. I think these events should have a higher profile during this election – not just because (more…)

Bob White and “Final Offer”

This morning brought the sad news that Bob White had passed away.  He was the founding president of the Canadian Auto Workers union – now known as Unifor, the largest private-sector union in Canada  – and a former president of the Canadian Labour Congress, the national federation of Canadian unions.

White accomplished some incredible things in his long and productive life, but one of his activities is particularly meaningful to me. This is the documentary film Final Offer, made in 1984 by director Sturla Gunnarsson for the National Film Board of Canada. Final Offer chronicles (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…)