law

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…)

Ask Not What Amazon Can Do For You

The mighty Amazon has announced that it is looking for a city in which to locate a second North American headquarters (“HQ2” in Amazon-speak), to supplement its operations in its home base of Seattle.  It’s also released a set of specifications describing what it’s looking for in a new location. The reaction to this announcement has resembled the 1960s TV game show The Dating Game, in which a single man or woman would ask questions to three blushing men or women on the other side of a wall. Based on the answers, the questioner would choose which of the three they wanted to go on a date with, and then the lucky couple would finally get to see each other and go on a fabulous night out.

So Amazon has asked its questions, and 238 cities and regions throughout North America have answered, with (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…)

Why Government Is Not A Business

There’s more than enough information on the Internet right now about the havoc being inflicted on the United States by President Donald Trump and his associates. However, there are two perspectives on this craziness that I want to bring to your attention.

Some commenters have said they are not surprised at Trump’s behaviour in his new job because he’s “acting like a businessman”. In other words, he’s doing what the new CEO of any new business would do: setting up new procedures, changing things that need changing, and bringing in staff that he feels comfortable working with. Leaving aside the fact that Trump is a much less successful businessman than he pretends to be, this situation is a (more…)

Race, Class, and Bias in Hiring

At the start of a new year, a lot of people make resolutions for what they want to achieve in the next twelve months – and often those resolutions have something to do with work. The resolution could be to choose a new career, to get more education, or to look for a new job. So now is a particularly appropriate time to look at two recent studies about bias in employers’ hiring processes. The results of these studies demonstrate that job applicants can often be rejected for reasons that have absolutely nothing to do with their ability to do the job. And the studies also suggest that biased hiring has effects that go way beyond individual careers or workplaces.

These two studies used essentially the same methodology, which is (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…)

Supreme Court of Canada Decision in The BC Teachers’ Federation Case (Part I)

This Thursday, the Supreme Court of Canada held its hearing of an appeal by the British Columbia Teachers’ Federation (BCTF), the union that represents teachers in British Columbia’s public school system.

This ongoing case – which started in 2002 – involves several actions by the BC provincial government in its collective bargaining for a contract with the BCTF, primarily around the government’s decision to pass legislation declaring that some items would not be bargained, and removing those same items from the collective agreement that was then in effect. The BCTF opposed both of these changes. Later, there were also issues around the government’s conduct during bargaining.

The BC Supreme Court twice ruled in the BCTF’s favour, once in 2011 and again in 2014. The BC government appealed the 2014 ruling, and the BC Court of Appeal overturned that ruling. The Court of Appeal decision was the basis of the BCTF’s appeal to the Supreme Court of Canada.

I think it’s fair to say that all parties involved with this case expected that a case this complex would entail a lengthy hearing at the Supreme Court, followed by several months for the nine judges to review the arguments and write their decision. However, much to everyone’s surprise, (more…)

Job Churn and Precarious Work

I wrote an opinion article for the Report on Business section of the Globe and Mail newspaper, responding to recent comments by Canadian politicians that workers should “get used to” job churn and precarious work. You can read the article here.