I’m very pleased to announce that the 4th edition of my textbook Industrial Relations in Canada, published by John Wiley and Sons Canada, is now (more…)
law
Amanda Lang, the CBC, and Journalistic Standards
Amanda Lang, CBC News’ “senior business correspondent” and the host of the CBC-TV show The Exchange with Amanda Lang, has recently been the subject of some controversy. In the last few weeks of 2014, it was alleged that she violated CBC’s conflict of interest policies by accepting paid speaking engagements from companies that she then “favourably” covered on her TV show. Then in early January it was alleged that she had lobbied within CBC News to downplay a story about the Royal Bank of Canada (RBC) outsourcing jobs held by Canadian workers, when in the past she had given paid speeches at RBC-sponsored events. It also emerged that Lang was involved in a personal relationship with an RBC executive.
In a newspaper op-ed column, Lang denied the allegations of improper influence and defended her integrity – a response that was not well received. CBC subsequently banned its on-air staff from making paid appearances at non-CBC events, and, last week, announced that an “internal review” had found that Lang’s coverage did not violate CBC’s “journalistic standards”.
This series of events was deeply distressing to anyone who cares about the integrity of Canada’s publicly-funded national broadcaster – especially when the allegations involving Lang came directly after the allegations of workplace harassment by CBC radio host Jian Ghomeshi, followed by multiple criminal charges being laid against him. What was also distressing in Lang’s case was that both she and the CBC didn’t seem to understand that a perceived conflict of interest can be as damaging as an actual conflict of interest. Lang’s dismissing the allegations as “malevolent” and “utterly unwarranted” was ill-advised, and in my opinion only made the situation that much worse.
I’ll admit that I’m not familiar with much of Lang’s television work. But recently, while looking for something else entirely in the CBC’s online video archives, I came across a recent interview on her show that was so appalling (more…)
Executives and Harassment in Organizations: An Interview with David Yamada
The New Year has started off with new developments in the story of disgraced CBC Radio host Jian Ghomeshi. On January 5, the CBC announced that two of its executives – Chris Boyce, the executive director of CBC radio, and Todd Spencer, the “executive director of people and culture” for CBC’s English-language operations – had been placed “on leave until further notice”. Then on January 7, what was supposed to be a routine court appearance for Ghomeshi turned into something more, as three new criminal charges were laid against him – including one involving a former CBC employee.
Ghomeshi now faces seven charges of sexual assault and one charge of overcoming resistance by choking. He has pleaded not guilty to all eight counts, and his next court appearance is scheduled for early February.
When events like this involve a workplace, there’s always the issue of whether the organization responded appropriately to the behaviour in question. In most organizations, executive positions at Boyce and Spencer’s level have the ultimate responsibility for ensuring safety and respect in the workplace. But there might be many layers of responsibility and authority between that executive level and the level at which the unacceptable behaviour is taking place. So how accountable should executives be for workplace events which they might not have had direct control over?
To get some perspective on that question, (more…)
“I’m Not An Expert”
A number of American media commentators have recently taken aim at the fallacy of the “I’m not a scientist” argument. “I’m not a scientist” is an increasingly popular statement from American politicians who don’t believe in climate change. Whenever these politicians are presented with evidence that suggests climate change is real, they say “I’m not a scientist”, and think that excuses them from commenting on the evidence that contradicts their position. But, as several commentators have pointed out, it’s not acceptable for politicians who make legislative decisions on climate change to not be informed about it – and they don’t have to be scientists to do that. Politicians don’t have to be experts on everything, and they shouldn’t be expected to, but they do have the responsibility to know something about the issues they vote on.
North of the border, we in Canada now seem to have our own version of the “I’m not a scientist” argument. It’s the “I’m not an expert” reasoning. The “I’m not an expert” reasoning tends to arise whenever a member of the Conservative federal government uses questionable information, and then claims that the information must be accurate because it came from “experts”.
A few weeks ago, Finance Minister Joe Oliver used this reasoning while testifying at Canada’s House of Commons Finance Committee. At the Finance Committee meeting, he was asked about (more…)
Protecting the Workplace “Star”
Last week, in light of the ongoing revelations in the story of former CBC host Jian Ghomeshi, the Financial Post ran a column entitled “Don’t be the CBC: How employers should handle allegations of violence and workplace harassment”. The column contained some good basic recommendations for employers on dealing with incidents of harassment or abuse against their employees: e.g. knowing the law, training front-line managers, involving unions, and using outside experts to conduct investigations and assessments. However, one of the column’s recommendations – “avoid protecting the ‘star’” – really deserves a column of its own. Because that recommendation touches on a key issue that’s often overlooked in identifying and preventing workplace harassment – counteracting workplace cultures that implicitly support harassment and abuse.
The CBC, unfortunately, seems to be providing a very good example of how these sorts of workplace cultures can flourish. Although much of the discussion of the Ghomeshi story is around Ghomeshi’s non-work behaviour, one of the women who spoke out after his firing is a CBC employee. She alleges (more…)
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…)
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…)
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…)
All About Work 