labour relations

Union Grievance Procedures and the Jian Ghomeshi Story

Just over three weeks ago, the Canadian Broadcasting Corporation (CBC) fired Jian Ghomeshi, the host of its radio show Q. The CBC stated that the reason for the firing was “information” that “preclud[ed]” it from continuing to employ him. Since then, a number of women have come forward with allegation that Ghomeshi physically attacked them while they were dating him. Three of these allegations are being investigated by the Toronto police. Ghomeshi is suing the CBC for $55 million for allegedly dismissing him on the basis of a “moral judgement” about his sex life. He also announced on Facebook that he would also be filing a grievance for reinstatement.

A big part of the discussion of this story is about Ghomeshi’s workplace behaviour – since one of the first allegations of abusive behaviour was from another CBC employee – and whether the CBC adequately fulfilled its responsibility as an employer to provide a safe, harassment-free work environment. However, there is a major difference between Ghomeshi’s employment situation and the employment situations of many other high-profile media personalities in Canada and elsewhere. Ghomeshi is a union member – and that means that his situation will likely be managed differently than if he wasn’t part of a union.

Some commentators on the Ghomeshi story – particularly those from outside Canada – apparently don’t understand how grievances work in unionized workplaces in Canada, how a grievance might relate to Ghomeshi’s lawsuit, or the responsibility of his union in representing him. I think it’s important to be clear on those issues, (more…)

The IKEA Lockout Is Over

The nearly 18-month-long lockout of unionized workers at IKEA’s store in Richmond, British Columbia, has ended.

Mediator Vince Ready joined the negotiations between IKEA and the Teamsters Union just after helping the BC Teachers’ Federation and the BC government resolve their bitter dispute. According to several media reports, (more…)

Bill C-377: New Information on “The Bill That Nobody Wants”

Two researchers have uncovered some new and very troubling information about Bill C-377, the proposed Canadian law that would impose exceptionally rigorous financial reporting requirements on unions. “The bill that nobody wants”, as it was called in the researchers’ lecture last week, is now the center of an even more appalling story of misinformation and deception – a story that should concern not only anyone who cares about Canadian unions and workers, but also anyone who cares about the integrity of Canada’s democratic legislative process.

The first version of this bill was introduced in the House of Commons in 2011 as Bill C-317, and the Speaker of the House dismissed it as being out of order. The bill was then re-introduced in the House as Bill C-377 – a private member’s bill sponsored by Member of Parliament Russ Hiebert. It was approved in the House of Commons and sent to the Senate. The Senate refused to vote on it, and returned a heavily amended version of the bill to the House in mid-2013. The House returned the original, unamended bill to the Senate, where it is currently being debated again. It’s extremely unusual for private members’ bills to make it this far in the federal legislative process, or to be on Parliament’s agenda for so long. So what’s really going on here? (more…)

30 Years of Dysfunction, and Probably More

On September 16, after nearly a week of intense negotiations, British Columbia’s premier, Christy Clark, announced that a new collective agreement had been reached with the BC Teachers’ Federation. The BCTF recommended that its members vote to accept the tentative agreement. While there was some very outspoken opposition to the agreement, 86% of voters supported it, and schools reopened the week of Sept. 22.

In her September 16 statement, Clark, with Education Minister Peter Fassbender at her side, promoted the deal as “historic” and as (more…)

More About the Coalition of BC Businesses and the BC Teachers’ Federation Court Case

This week, the Coalition of BC Businesses was formally granted intervenor status in the BC government’s appeal of the Supreme Court ruling in the government’s bargaining disputes with the BC Teachers’ Federation. (A copy of the Coalition’s “factum” explaining its legal arguments is here, and the Court of Appeal’s written decision to grant intervenor status to the Coalition is here.)

Most of the Coalition’s members are associations whose members are groups in specific industries or with shared interests. The Coalition’s list of member organizations disappeared from its webpage a few days after its press release announcing the application for intervenor status. However, you can find a list of the Coalition’s members here.  As I noted in my previous analysis of the Coalition’s press release, since the announcement one of the Coalition’s member organizations has expressed its disagreement with the application.

After the release of the decision to approve the Coalition as an intervenor, I was contacted (more…)

The Canadian LabourWatch Association and Its Latest Anti-Union Poll

Last year, the Canadian LabourWatch Association got more publicity than it expected for its 2011 “State of the Unions” poll, after the Canadian Labour Congress filed a complaint with the Market Research and Intelligence Association (MRIA) about the poll’s methodology. The MRIA ruled that the company conducting the poll did not violate professional standards, but also found that two of the poll questions were handled in ways that led to the release of “potentially biased” information. The finding of “potential bias” was particularly significant, since information from the poll was being used in Canada’s Parliament to support Bill C-377 – a proposed law that would put exceptional financial reporting requirements on Canadian unions.

Given the attention that the 2011 “State of the Unions” poll received, I was really surprised to randomly discover that in October of last year, LabourWatch released the results of a 2013 “State of the Unions” poll. Most of the media (with the predictable exception of the Toronto Sun and the Sun News Network) ignored the 2013 poll, and that’s probably a good thing – because (more…)

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…)