labour relations

Fact-Checking Card-Checking in British Columbia

In April, the British Columbia government introduced legislation that would change the Labour Relations Code and allow automatic certification in union organizing campaigns. This change would make it much easier for unions to become the legal workplace representative for employees. The usual pro-business pro-management organizations – Chambers of Commerce, the Canadian Federation of Independent Business, the Business Council of BC – are complaining that this change would “weaken the democratic right for workers to exercise choice through a secret ballot”.  The Business Council has also sent a letter to BC Premier John Horgan with a lengthy list of complaints about the legislation’s potential impacts.  And the “non-partisan” Fraser Institute has called the proposed legislation “unfair to workers”.

At best, these statements are misleading. At worse, they reflect an implicit belief that unions can only hurt businesses’ operations and profitability – a belief which is also highly inaccurate.

To understand why these statements are so troubling, it’s useful to know what automatic certification is. When a union (more…)

Lawren Harris’ “Miners’ Houses, Glace Bay”

Canada Post has just released a set of stamps celebrating the 100th anniversary of the first exhibition by the Canadian painters who became known as the Group of Seven. The set has one stamp for each of the seven painters, and the stamp for Lawren Harris shows his painting Miners’ Houses, Glace Bay. I was delighted to see that Canada Post chose this painting, not only because it was the cover image of the first edition of the textbook that I write, but because Miners’ Houses represents an important part of Canadian labour relations history.

Harris created the painting in 1925, after a trip to Nova Scotia. The houses at Glace Bay, near Sydney, were the homes of  mineworkers and their families; at the time of Harris’ visit, the miners’ union was engaged in a lengthy strike against the mine owners, rebelling against (more…)

Uber, Lyft, and Independent Contractors

Ridesharing officially came to British Columbia in January, when the provincial Passenger Transportation Board approved operating licenses for Lyft and Uber.  Vancouver is one of the last major cities in North America to get ridesharing, partly because of opposition from the local taxi industry and partly because of the lengthy process to amend the complex provincial legislation regulating rides for hire.

At the moment, ridesharing is limited to the Lower Mainland area (which includes Vancouver), and ridesharing drivers are more strictly regulated than they are in other regions. Uber and Lyft drivers in BC are required to have the same type of driver’s license as a taxi driver, and also have to pay a per-vehicle licensing fee in every municipality they do business in. Those costs will make it difficult for Uber and Lyft to get the types of drivers they do in other cities, who (in Uber’s words) are part-timers “fitting their driving around what matters most” and usually aren’t commercially-licensed drivers.

Several challenges to Uber and Lyft’s operations are already under way. BC taxi companies have filed a lawsuit against Uber and Lyft being granted permission to operate, arguing that the ridesharing firms have an unfair advantage because their licensing requirements are different from taxis. The mayor of Surrey has refused to allow Uber and Lyft to operate in that city. And riders with disabilities are upset that they may not be able to use Uber or Lyft because neither company requires its drivers to have accessible vehicles.

However, one of the most interesting challenges to Uber and Lyft’s arrival actually happened before either company was given permission to start operating. That challenge came from the United Food and Commercial Workers (UFCW) union, which has already (more…)

Unions and Their Unions

A lot of people don’t realize that unions that represent workers in interactions with employers are also employers themselves. The union’s leaders are members of the union and are elected by the other members – but most unions, especially larger national or international unions and labour federations, also have administrative, executive, and staff employees. These employees keep the union running day to day, and might have special expertise, like researching or negotiating, that the union can use during its organizing campaigns or collective bargaining.

What a lot of people also don’t realize is that employees of unions are often unionized themselves. The employees don’t belong to the same union that they work for – that would be a conflict of interest. So they are members of a different union, usually one that includes workers in similar occupations. As an example, the employees of the union I belong to, at a provincially-funded university, are members of a local of the Canadian Union of Public Employees, a national union that represents many public sector workers.

A union’s employees being unionized also means that, like any other group of unionized workers, they negotiate with their employer for a collective agreement. And that is where things can get kind of tricky. (more…)

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…)

Unionizing Comics

I probably stopped reading comic books in the middle of my teens (although I love comic strips in newspapers), so my knowledge of the comics industry is pretty outdated. However, I’m always interested in unionizing campaigns for any type of worker, so I was intrigued when I came across the Twitter account Let’s Unionize Comics. Sasha Bassett runs that account; she is a Ph.D student at Portland State University and a self-declared “all-around pop culture junkie”. She has also conducted a survey of workers in the comics industry about their working conditions and their workplace concerns. Sasha graciously agreed to be interviewed via email about the comics industry and her vision of how it could become unionized.

Fiona: For readers who may not be familiar with how the comics industry works, can you describe its structure? For example, is it dominated by major companies, or is there a significant number of independent firms? Do comics artists work on their own and then try to sell their work, or are they usually commissioned to do specific projects?

Sasha: The structure of the comics industry is complex and fairly non-standardized. The market is absolutely dominated by (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…)