Labour Notes

Labor Notes

 Teaching Troublemakers at Heart to be Troublemakers in Action

Labor Notes 2016 was the largest in their 37-year history with nearly 2000 registered delegates including 150 from 22 countries. Some workshops and plenaries provided interpretation in 5 languages (French, Spanish, Japanese, Portuguese and Chinese) to accommodate the international speakers.

Held in Chicago, it allowed many of the delegates to join the one day Teachers Strike in that city as an act of solidarity and join with an estimated 20,000 teachers, parents and allies to shut the downtown core and let the government know that they will not stand idly by and allow the decimation of public education in Illinois.

There were over 100 workshops to choose from so it was impossible for anyone to attend everything, and each workshop was less than 2 hours, so it did not allow in depth interaction. They did allow the delegate to become familiar with issues, learn what tactics and strategies worked in specific campaigns and how to gain new connections with other activists as well as share their own experiences and perspectives.

The overriding message was “Aim High”. Too often union leaders get beaten down because of chronic struggle, constant attacks by management and society, and fear to push the boundaries because they assume their members may not back them. The enthusiasm from activists at this conference, who push their own unions to be more democratic, more visionary and demand better, was a good reminder that if leaders take the time to inspire members, better gains are possible.

Listening to the terrible conditions and oppression American workers face made Canadian delegates want to ensure the differences between the 2 countries are maintained. American companies have not evolved much beyond the Master and Slave relationship, and the prevalence of US business in Canada means we have to be extremely vigilant or else find ourselves in a similar predicament.

The plight of American and Mexican workers who work for Driscoll (sold in all our stores) was quite emotional. They toil 10-12 hours per day for a total of $6.00 in the US and $4.00 in Mexico per day – amid poisons that affect both their health – and they reminded us – are poisoning consumers. They ask us to show our solidarity by BOYCOTTING DRISCOLL BERRIES.

A workshop on the World Social Forum was held to promote the upcoming World Social Forum that is taking place August 9-14 in Montreal. Sister Nathalie Guay from the Confederation of National Trade Unions (CSN) and other Quebec trade unionists passed along information encouraging unions to be part of the people’s alternative to the elitist World Economic Forum. It is anticipated that thousands of social activists, trade union members and environmentalists will gather to discuss strategies to make a better world. This would be an important opportunity for Canadian trade unionists to be part of a global gathering as these rarely take place in Canada.

 

Labor Notes is a progressive organization with the motto “Putting movement back into the Labor Movement” and their conferences are very inspiring, especially for new activists who want to see their unions be more democratic or more inclusive or more militant. You can support Labor Notes by subscribing to their regular publications, purchasing their Troublemaker clothing, making a donation or attending their events. You can get more information at www.labornotes.org.

 

Supreme Court hearing arguments on Saskatchewan labour laws

Essential services legislation, changes to Trade Union Act in dispute

CBC News Posted: May 16, 2014

Labour groups squared off against the Saskatchewan government and business at the Supreme Court of Canada today in a dispute over changes to Saskatchewan’s labour laws proposed in 2008.

The Saskatchewan Federation of Labour says Bill 5, Saskatchewan’s essential services law, and Bill 6, which involves changes to the former Trade Union Act, are in violation of the Charter of Rights and Freedoms.

The essential services law restricts which public sector workers can walk off the job during a strike.

The Saskatchewan government says it’s similar to laws in effect in other provinces and will be used to ensure public safety during labour disruptions. However, unions say the law makes it possible to declare so many employees “essential” that it undercuts their ability to bargain collectively.

Unions also say the Trade Union Act changes make it tougher to form unions in the first place, by raising the threshold of voting workers required to get a certification vote and by eliminating automatic certification in cases where 50 per cent of workers sign union cards in favour of secret ballot votes in all cases where the threshold is met.

The province says the changes make the laws more democratic and ensure public safety.

The unions had a partial victory at the Court of Queen’s Bench level when a judge ruled in their favour on essential services, but the Appeal Court of Saskatchewan reversed that and dismissed both their cases.

The Supreme Court of Canada is expected to hear arguments for and against why the right to strike should be enshrined as a Charter-protected right. 

In addition to the Saskatchewan participants in the case, labour groups, provincial governments and businesses from across Canada are intervening in the challenge.

May 17th is the International Day Against Homophobia and Transphobia 2014

Ten years ago, on May 17th homosexuality was removed from the International Classification of Diseases of the World Health Organization (WHO). This victory was a historic step towards recognizing freedom from discrimination based on sexual orientation and gender identity as a fundamental basic human right. Today the Canadian Labour Congress (CLC) stands in solidarity with the lesbian, gay, bisexual, trans and queer (LGBTQ) community in the struggle to end homophobia and transphobia.

Over the past ten years the movement to end homophobia and transphobia has gained strength.  Most recently, the struggle for protection from discrimination based on gender identity and gender expression has built momentum.  Many provinces and territories are either working on or have included gender identity and gender expressions in their human rights codes.  Ontario, Manitoba, Nova Scotia, Newfoundland, Prince Edward Island, and the Northwest Territories already include gender identity and gender expression as forbidden grounds for discrimination under their Human Rights Codes.  Bill C-279, which would amend the Human Rights Act to include gender identity is now awaiting a vote in the Senate.

We still have many challenges.

Despite the work that has been done to eliminate homophobia and transphobia, crimes and hatred against the LGBTQ community still exist at home and abroad. Over 76 countries around the world have deemed same-sex relationships illegal, and in some areas being a member of the LGBTQ community is still punishable by death (capital punishment). In Uganda, draconian anti-homophobic legislation has resulted in increased violence and murders of gay activists, individuals and allies. Russia’s law banning “homosexual propaganda”  has sparked an increase in homophobic violence.  The law even imposes fines for anyone providing information on homosexuality to minors and puts the children of same-sex families at risk. 

Even in Canada there are challenges to overcome. Despite the many gains in legislation and recognition for same-sex relationships and families, there is an increased backlash which puts these gains at risk.

Trinity Western University, a private Christian university in British Columbia is trying to establish a law degree program that would purposely exclude any student openly LGBTQ from graduating. The school has also asked its students to avoid homosexual sexual activities. Despite these clearly discriminatory policies, the new program has received preliminary approval from B.C.’s Ministry of Advanced Education, and from the Federation of Law Societies of Canada.

The Ontario English Catholic Teacher’s Association (OECTA) has faced considerable backlash for its decisions to support  Gay-Straight Alliances in schools and participate in Toronto’s World Pride parade. 

Teachers understand that LGBTQ students still face extreme cases of bullying which lead to dropping out of school, social isolation and, tragically, death and suicide.  According to OECTA’s President, James Ryan, “OECTA believes that taking the public stand of marching in the WorldPride Parade 2014 will provide comfort and support to our students and teachers who frequently struggle in a hostile environment that does not offer them the support and protection they are owed as citizens of Ontario and Canada”. The Canadian Labour Congress commends the dedicated teachers and students who fight these injustices everyday by forming Gay Straight Alliances, safe spaces, who teach anti-bullying and promote acceptance of all gender identities in the school.

Canada’s labour movement will continue to fight for fairness and equality for our LGBTQ members and their loved ones―in the workplace and in the broader community. We are committed to continuing the fight for workplace legislation against violence and bullying, as well as federal legislation and stronger collective agreement language for LGBTQ people. The CLC will continue to work with our allies to mobilize the Senate to pass Bill C-279 for trans people to have full rights under Canada’s Criminal Code and the Canadian Human Rights Act.

Together, we will end homophobic and transphobic discrimination in our workplaces and communities.

Think Hard or Hardly Thinking? Target’s Anti-Union Propaganda

By Jason Edwards     http://rankandfile.ca

A video made for employees of Target, titled “Think Hard: Protect Your Signature,” warning employees about the potential perils of signing a union support card, has been shared widely online as of late. Many viewers have greeted it as an entertaining (yet infuriating) example of the condescending, misleading, and “cheesy” way big business is trying to convey its anti-union message to workers.  Indeed, there is some sweet irony in putting “Think Hard” in the title of a film rife with falsehoods.

As a weapon in this notoriously anti-union employer’s wage-depression arsenal, this short video is an opportunity. It is an example of both the specific talking-points used by employers to discourage organizing and the general assumptions employers harbour concerning low-wage and precarious workers.

Labour activists should take this opportunity to make an appraisal of the narrative we create when building support for collective action. The video should be treated by activists not just as a long, patronizing comedy sketch, but as a primer on employer propaganda and how it can be overcome with honest, accurate information. With that in mind I will critically examine the four major themes of the video.

“Us Against Them”

The strongest underlying theme conveyed by this video is that a union would be a third party, and that the relationship between Target and its employees is one of openness, reciprocity, and respect. On one side, an image is painted of rigid rules passed down by writ from self-interested union dictators. On the other is a “partner, standing by to help you out”.

Fortunately, this narrative—a real life example of Orwellian doublespeak—is wholly untrue.

Unions, while not perfect, are far more democratic than any employer could be. The vast majority of union representatives, from the shop stewards on the work floor all the way to the leadership, are elected. The members who sit across the table from the employer in bargaining are elected.  Contracts are subject to the approval of the majority of the membership, as are strikes.  This means the “union rules” that Target would have us so afraid of are rules that members have pushed their bargaining committee to negotiate for.  Union finances are largely open to scrutiny from members, and there are myriad avenues for members to get involved and influence the trajectory of the union. When a union is functioning well, the membership is not only in control of the union, it IS the union.

Representatives and employees of the union are directly responsible to the organization’s members. In fact, as the Target video so helpfully points out, unions are legally obliged to work in the interest of their members, and if they fail to do so, members can seek legal recourse in the form of a duty of fair representation complaint.

For their part, how democratic are employers, especially large retail chains like Target?  Are managers accountable to employees?  Are their rules voted on, reaching assent only when a majority of employees approve?  Are their rules applied equally to both sides of the employment relationship? Is Target legally obligated to work in the interest of its employees?

The answer to all of these questions is a resounding “no”. Target’s only obligation is to its shareholders; to make them money by keeping costs, like wages, down. It is not surprising that Target doesn’t want to have to follow a set of rules, agreed to by employees, that govern the way it treats workers.

“There are no guarantees”

Another prevalent theme in Target’s propaganda video is its insistence that forming a union means venturing into uncharted territory. “They’re making promises they may not ever be able to keep.” The existence of this uncertainty is somewhat true.

There is only one guarantee that workers have when forming a union: their bargaining power will improve. They will have a collective voice, supported by the infrastructure of an organization whose primary objective is to improve wages and working conditions.

As a collective unit, working people will always be in a stronger position relative to their employer than as individuals. A stronger bargaining position doesn’t guarantee any particular wage rate or other condition of employment (unless signing onto an established collective agreement), but it does make improvements possible that would otherwise not be.

“Dues! Dues! Dues!”

While they aren’t concerned when employees join bowling leagues or buy groceries, Target seems incredibly interested in its employees’ “hard earned paycheque” when it comes to paying union dues.

Target has an army of lawyers and business professionals whose jobs are to keep costs as low as possible on things like wages and workplace safety.

Why shouldn’t its employees have access to the same infrastructure? By pooling resources, working people can obtain the tools needed to win and enforce workplace improvements. Dues pay for the offices, administrators, business people, and lawyers that work on behalf of members.

What’s more, dues are entirely tax deductible. That means that every penny paid into the union from members is returned to them when they file their taxes. In effect, members receive all the benefits of being in a union at no cost.

Among these half-truths and omissions, the video comes close to telling a flat-out lie when it states, “You may find yourself unionized and paying dues without ever getting a chance to vote.” This could hardly be more untrue. While the process varies between jurisdictions, generally, a large number of workers need to sign support cards, then vote “yes” for the union, then elect their bargaining committee, then vote “yes” for a collective agreement—all before a single penny is paid in dues.

Finally, it is no surprise that Target does not mention the union wage premium.  Across Canada, union workers make an average of about $5.00/hour more than non-union workers. The corresponding number for Ontario is more than $6.00, and for Nova Scotia more than $6.25. Non-union workers are effectively paying massive “dues”—in the form of lower wages—without receiving any benefits.

“Things are Good”

Target’s video spends an inordinate amount of time trying to convince employees that they love their jobs.  Aside from the “fast” part, the “fun, fast, and friendly” atmosphere that is endlessly repeated in the video is a fiction. Statistically , the majority of retail employees experience very low job satisfaction. A cursory glance at ratemyemployer.ca or one of the many retail worker blogs shows why: working retail sucks. The work is demanding, the hours are crummy, and you’re stuck between cranky customers and demanding managers. It may be fast, but it is hardly fun and friendly.

Target wants its employees to adopt this fiction and believe that if they organized into a union they would be sacrificing the “fast, fun, and friendly” atmosphere. With a union, the workplace would certainly change: breaks would be respected, scheduling would be less sporadic, expectations would be more reasonable, and labour standards would be abided by.

Conclusion

The above are only four central themes of this video, embedded in its glaring disdain for worker agency and ability. It offers many more omissions, half-truths, and mischaracterizations about unions and employment relationships that are trumpeted by most employers who seek to expel any tendency for workers to organize. Each of the talking points provides labour activists with an opportunity. Armed with information, organizers can attack these arguments for what they are: falsehoods designed to scare workers into staying in a position of weakness vis-à-vis their employers. Activists seeking to win fair wages and better working conditions from employers can use this video to heed Target’s ironic advice: “think hard”.