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Collective Bargaining

Vancouver & District Labour Council
       Warmly Welcomes
 Chinese Trade Union Delegation
1927 Shanghai; 1935 Vancouver
1967
2004, Calgary
2005, Guangzhou
2005, Dalian
2005, Toronto
Purpose of trade unions

 Organize workers collectively to
 represent the interests of workers and
 the working class
 We organize in the workplace, in the
 community and throughout the
 province
 For better treatment for workers and
 the working class by employers and
 the government
International Working Class
Solidarity
 The VDLC believes that the interests
 of workers and capitalists everywhere
 are completely opposite.
 We believe very strongly that the
 interests of workers around the world
 are the same.
 This is even more true in the context
 of the corporate agenda of
 globalization that seeks to pit workers
 in different countries against each
We believe in international
working class solidarity
MNCs seek to divide us
Multinational corporations (MNCs) profit
enormously by seeking the cheapest source
of labour within their home countries,
threatening workers with job loss if they
don’t capitulate to demands for cuts to
wages and conditions.
The MNCs move to other countries seeking
ever cheaper sources of labour and
increase their profits enormously by doing
so.
It is in the interests of all workers of the
Friendship
VDLC and
Beijing Municipal Federation of Trade
Unions
The response to the MNC
agenda of globalization is
international working class
solidary
 We must support workers anywhere
 in the world where they are struggling
 for justice and a better life.
 To do this, we must get to know each
 other, to learn more about our
 common issues and common
 struggles.
Labour movement today
Today, hotel workers protest
Work in BC Today

 Resource industries are less
 important and the service industry
 such as health care, education and
 tourism are much more important
 Throughout the country, work is much
 more precarious with far fewer
 workers having a 40 hour work week.
 Workers jobs are much less secure
 than they used to be.
Service industry hard to
organize
Unionization Rate Today

 30% of all workers in Canada are in
 unions
 In practice, almost all large
 workplaces have unions and there, all
 workers are members of unions.
 But it also means almost all small
 workplaces have no unions. It is
 much easier for employers to
 threaten workers with firing, lay-offs
 or workplace closure in small
Secret ballot vote held by
government
Organizing unions is still very
hard
  Although it is illegal for employers to
  threaten workers who want to join a union,
  in practice it is common and sometimes
  workers are fired
  We organize workers in secret so the
  employer does not find out who has
  signed up
  When we sign up a majority of workers,
  we apply to the Labour Relations Board
  for a vote
  The LRB runs the secret ballot vote and if
Employers frighten and
intimidate workers
Today, unions recognized in law

 Employers must recognize the union
 when a majority of workers vote in a
 government-run secret ballot vote to
 join the union
 But in practice, employers do
 everything possible to discourage
 workers from joining unions,
 especially scaring workers by
 threatening firings, lay-offs or
 workplace closures.
Collective Agreement
But getting the first collective
agreement is very hard
 It is illegal for employers to refuse to
 bargain in good faith
 But in practice they often threaten to
 close the workplace or lay off workers
 if the union gets a first collective
 agreement
 Sometimes workers get so scared
 they stop supporting the union
 But usually they continue to support
 us and we get a first agreement.
Public sector workers
Today, most collective
agreements have the Rand
formula
 Because the union is legally obliged to
 represent all workers, regardless of
 whether they are members
 Those workers that share in the benefits
 established by the union should also
 shoulder part of the burden, the
 maintenance of the union by paying union
 dues
 Analogy: duty to pay taxes, in exchange
 government provides services to all
 Closed shops: In public sector, workers
Private sector workers
Labour Law Context
 Adversarial premise
 Most workers covered by provincial labour codes
 10% of workers are under federal law, covering national
 workers, e.g. postal, transportation and communications
 Labour laws governing unions are supplemented by other
 laws & programs (workers’ compensation, EI, CPP, Human
 Rights, etc.)
 Right to strike (or lock out) only when no collective
 agreement in effect
 Generally agreements continue to apply until replaced by
 new terms / renewed
 Essential services laws prevent some kinds of workers from
 withdrawing services - expanding list of coverage, once "life
 & limb" now covers much broader scope
 Only some provinces do not permit use of scabs in a strike
Less racism than in the past
Today, there is much less
racism than in the past
 All Canadians, including new
 immigrants have fundamental rights
 Unions actively oppose racism and
 actively promote the involvement of
 people of colour and new immigrants
 in the union, e.g. running English as a
 Second Language courses
 There are still some racist attitudes
 among some people in our society
 but it is illegal and is actively
Women workers
Today for women workers
things are much better
 It is illegal to treat women and men differently on
 the job
 Women have the same rights to be hired and for
 promotion as men
 They have the same rights to pay for work of equal
 value and for pensions
 They also have maternity and parental leave rights
 There is still some discrimination against women
 in attitudes but much less than before
 But the reality is still that women, because of the
 types of jobs they hold that are undervalued, are
 paid 30% less than men.
Vacation time will get us up a close
mountain, but what about the Great
Wall? Our vacations are too short.
Minimum wage laws today

 Today, minimum wage laws, while
 they cover almost all workers, are
 grossly inadequate to protect workers
 from poverty.
 Our two weeks vacation entitlement in
 law and our 10 day holiday paid leave
 are far behind European laws.
Public pensions are inadequate
Public insurance systems

 Canada Pension Plan, inadequate to
 avoid poverty in retirement
 Medicare (includes all hospital stays
 and doctors visits; excludes dental,
 vision, medicine outside hospital)
 Employment Insurance (includes
 maternity and sickness)
 Workers’ Compensation, most
 workers qualify but many do not,
 especially for occupational diseases
Unemployment
line
Today, the plan is called
Employment Insurance, not UI
 All workers must pay into the fund as
 must all employers
 But in practice, many workers do not
 qualify for benefits because they have
 not worked enough hours in the year,
 or they run out of benefits before they
 have found work. More than 50% of
 Canadian workers who are
 unemployed are not receiving
 benefits.
Voting in elections
Labour and socialist politics
today
 Today, most unions are affiliated to
 the New Democratic Party (NDP), the
 political party which grew out of the
 CCF. Its ideology remains social
 democratic.
 In Quebec, most unions are affiliated
 to the Bloc Quebecois, which is also a
 social democratic party.
 Trade union members are free to vote
 for who they want in government
Today, 70% of workers in
unions are in Canadian unions
Most workers now in
Canadian Unions
 In 1970, only 30% of workers who
 were members of unions in Canada
 were members of Canadian unions.
 The rest were members of American-
 based unions.
 Today, 70% of all workers who are
 members of unions in Canada, are
 members of Canadian unions. The
 rest are members of American-based
 unions.
Canadian Labour Congress
• Represents more than 3 million
  workers who are represented by
  dozens of unions, both Canadian and
  American-based, provincial
  federations of labour and regional
  labour councils
• Four full time officers, elected at
  convention held every 3 years, more
  than 1,000 delegates
• Head office in Ottawa and regional
  offices throughout the country with
BC Federation of Labour
• Represents more than 500,000 workers
  who are represented by more than 50,
  both Canadian and American-based, in
  about 800 local unions
• Two officers elected at convention of
  more than 1,000 delegates, held every
  two years
• 20 executive officers from the largest
  unions meet once a month
• 10 full time staff work at the
VDLC covers Greater Vancouver area
Vancouver & District Labour
Council
 Founded in 1889
 Second largest labour council in
 Canada
 Represents 65,000 workers in 118
 local unions
 Executive of 5 elected officers
 (President is full time) plus 12
 members representing various unions
Labour movement today
Today, hotel workers protest
Work in BC Today

 Resource industries are less
 important and the service industry
 such as health care, education and
 tourism are much more important
 Throughout the country, work is much
 more precarious with far fewer
 workers having a 40 hour work week.
 Workers jobs are much less secure
 than they used to be.
Service industry hard to
organize
Unionization Rate Today
 30% of all workers in Canada are in
 unions
 In practice, almost all large
 workplaces have unions and there, all
 workers are members of unions.
 But it also means almost all small
 workplaces have no unions. It is
 much easier for employers to
 threaten workers with firing, lay-offs
 or workplace closure in small
 workplaces.
Secret ballot vote held by
government
Organizing unions is still very hard
  Although it is illegal for employers to threaten
  workers who want to join a union, in practice it is
  common and sometimes workers are fired
  We organize workers in secret so the employer
  does not find out who has signed up
  When we sign up a majority of workers, we
  apply to the Labour Relations Board for a vote
  The LRB runs the secret ballot vote and if a
  majority of workers vote in favour, the union is
  certified by the government to represent all of
  the workers in the workplace.
Employers frighten and
intimidate workers
Today, unions recognized in law

 Employers must recognize the union
 when a majority of workers vote in a
 government-run secret ballot vote to
 join the union
 But in practice, employers do
 everything possible to discourage
 workers from joining unions,
 especially scaring workers by
 threatening firings, lay-offs or
 workplace closures.
Collective Agreement
But getting the first collective
agreement is very hard
 It is illegal for employers to refuse to
 bargain in good faith
 But in practice they often threaten to
 close the workplace or lay off workers
 if the union gets a first collective
 agreement
 Sometimes workers get so scared
 they stop supporting the union
 But usually they continue to support
 us and we get a first agreement.
Public sector workers
Today, most collective
agreements have the Rand
formula
 Because the union is legally obliged to represent
 all workers, regardless of whether they are
 members
 Those workers that share in the benefits
 established by the union should also shoulder part
 of the burden, the maintenance of the union by
 paying union dues
 Analogy: duty to pay taxes, in exchange
 government provides services to all
 Closed shops: In public sector, workers must join
 the union but in the private sector, not all
 agreements require membership, just dues.
Private sector workers
Labour Law Context
 Adversarial premise
 Most workers covered by provincial labour codes
 10% of workers are under federal law, covering national
 workers, e.g. postal, transportation and communications
 Labour laws governing unions are supplemented by other
 laws & programs (workers’ compensation, EI, CPP, Human
 Rights, etc.)
 Right to strike (or lock out) only when no collective
 agreement in effect
 Generally agreements continue to apply until replaced by
 new terms / renewed
 Essential services laws prevent some kinds of workers from
 withdrawing services - expanding list of coverage, once "life
 & limb" now covers much broader scope
 Only some provinces do not permit use of scabs in a strike
 or lock out
Less racism than in the past
Today, there is much less
racism than in the past
 All Canadians, including new
 immigrants have fundamental rights
 Unions actively oppose racism and
 actively promote the involvement of
 people of colour and new immigrants
 in the union, e.g. running English as a
 Second Language courses
 There are still some racist attitudes
 among some people in our society
 but it is illegal and is actively
Women workers
Today for women workers
things are much better
 It is illegal to treat women and men differently on
 the job
 Women have the same rights to be hired and for
 promotion as men
 They have the same rights to pay for work of equal
 value and for pensions
 They also have maternity and parental leave rights
 There is still some discrimination against women
 in attitudes but much less than before
 But the reality is still that women, because of the
 types of jobs they hold that are undervalued, are
 paid 30% less than men.
Vacation time will get us up a close
mountain, but what about the Great
Wall? Our vacations are too short.
Minimum wage laws today

 Today, minimum wage laws, while
 they cover almost all workers, are
 grossly inadequate to protect workers
 from poverty.
 Our two weeks vacation entitlement in
 law and our 10 day holiday paid leave
 are far behind European laws.
Public pensions are inadequate
Public insurance systems

 Canada Pension Plan, inadequate to
 avoid poverty in retirement
 Medicare (includes all hospital stays
 and doctors visits; excludes dental,
 vision, medicine outside hospital)
 Employment Insurance (includes
 maternity and sickness)
 Workers’ Compensation, most
 workers qualify but many do not,
 especially for occupational diseases
Unemployment
line
Today, the plan is called
Employment Insurance, not UI
 All workers must pay into the fund as
 must all employers
 But in practice, many workers do not
 qualify for benefits because they have
 not worked enough hours in the year,
 or they run out of benefits before they
 have found work. More than 50% of
 Canadian workers who are
 unemployed are not receiving
 benefits.
Voting in elections
Labour and socialist politics
today
 Today, most unions are affiliated to the
 New Democratic Party (NDP), the political
 party which grew out of the CCF. Its
 ideology remains social democratic.
 In Quebec, most unions are affiliated to the
 Bloc Quebecois, which is also a social
 democratic party.
 Trade union members are free to vote for
 who they want in government elections.
 Most, but far from all, support social
 democratic parties.
Today, 70% of workers in
unions are in Canadian unions
Most workers now in
Canadian Unions
 In 1970, only 30% of workers who
 were members of unions in Canada
 were members of Canadian unions.
 The rest were members of American-
 based unions.
 Today, 70% of all workers who are
 members of unions in Canada, are
 members of Canadian unions. The
 rest are members of American-based
 unions.
Canadian Labour Congress
• Represents more than 3 million workers
  who are represented by dozens of
  unions, both Canadian and American-
  based, provincial federations of labour
  and regional labour councils
• Four full time officers, elected at
  convention held every 3 years, more
  than 1,000 delegates
• Head office in Ottawa and regional
  offices throughout the country with staff
BC Federation of Labour
• Represents more than 500,000 workers
  who are represented by more than 50,
  both Canadian and American-based, in
  about 800 local unions
• Two officers elected at convention of
  more than 1,000 delegates, held every
  two years
• 20 executive officers from the largest
  unions meet once a month
• 10 full time staff work at the
  headquarters in Vancouver
VDLC covers Greater Vancouver area
Vancouver & District Labour
Council
 Founded in 1889
 Second largest labour council in
 Canada
 Represents 65,000 workers in 118
 local unions
 Executive of 5 elected officers
 (President is full time) plus 12
 members representing various unions
When and how to begin
   preparing for negotiations
Membership Meetings
Bargaining Unit Questionnaires
Steering Committees
Strategy Meetings
Ratification of Proposals
First Collective Agreements
Understanding the true needs
      of the other party
Opening day of negotiations
Identifying Key Issues
Responding to demands for concessions
The importance of bargaining Job Security
Seniority rights
Pensions and Benefits
Credibility and trust
Using Liaison Committees effectively
How to assess the strength of
  your position at bargaining
Backing up your positions
Credibility of the Bargaining
Committee
Gauging the strength of a Strike Vote
Communications
Researching trends
Measuring progress
How to protect your rights during
  the contract term and avoid
     problems at the table
Note-taking
Sign off sheets
Exploring a tentative deal
How to identify critical issues for
       your negotiations
Communications
Determining strike issues
What goals you should
      consider setting
Timing
The number of issues for the
proposal
Language issues
Pattern bargaining
Length of Collective Agreements
Alternatives for Negotiations

Mediation
Binding Arbitration
Labour’s response to Legislation
Creating a respectful working
relationship
The interests of workers and
 bosses are not the same.
Viva Magnetic
        CAW
Collective Agreement
1. Introduction


Purpose, to promote harmonious
relations
Protect the union
Protect the worker – no contracting
out
2. Management Rights

They have them all unless we erode
them
3. Union Recognition
Company recognizes union as
representing all workers
All workers must join union and pay dues
Company must recognize shop stewards in
workplace and allow outside union reps
access
Company must allow union bulletin boards
Company must allow union reps leave from
workplace
4. Communications Committee

So union can find out what’s going on
5. Discipline

Company can only discipline
(warnings, suspensions or firing) for
just and reasonable cause
Union can put in grievance on behalf
of worker if he or she feels discipline
is unjust
6. Grievance Procedure

Several formal stages
Union meets at low level with
management
Proceed to higher levels of
management
Grievor is present throughout
Time limits so company can’t stall
7. Arbitration

Third party chosen by union and
company
Formal hearing, decides the case
Company must follow arbitrator’s
decision
8. Occupational Health and Safety

OHS Committee
Injured worker procedures
First aid attendants
Prevent cancer campaign
Workplace conditions
Workers have right to refuse unsafe work
Company must provide personal protective
equipment
9. Human Rights and Harassment

 No discrimination eg. on basis of sex,
 religion, race, etc.
 No harassment
10. Hours of Work

Normal hours
Lunch periods and rest periods
Require 8 hour break between shifts
Shift assignments
11. Overtime

Overtime pay: after 8: 1.5X; after 11:
2X
All overtime is voluntary
Call out pay
Reporting pay
12. Vacations

Vacation entitlement and pay:
  After 1 year, 2 weeks off and 4% pay
  After 5 years, 3 weeks off and 6% pay
13. Statutory Holidays

10 days per year
Must have time off and must be paid
14. Benefits

Company pays for all medical
insurance.
Includes BC medical plan,
prescription drugs and dental plan
Life insurance
15. Sick Leave

Workers receive unpaid leave of
absence
16. Leaves of Absence
Family leave
  Bereavement leave, up to 3 paid days
  Emergency family leave, up to 5 paid days
Jury duty
Parental leave
  Company must grant leave
  Benefits through Employment Insurance
  Commission (federal government, workers and
  companies pay into this insurance fund)
17. Seniority
The longer workers are employed, the
more rights they have
Seniority lists given to union and posted
Probation period for new workers, 3
months
Last hired are first laid off
Last laid off are first recalled after lay off
Lose seniority (right to be called back to
work) if off more than 6-9 months
Entitled to severance pay (a week per
year’s service)
18. Promotions

Promotions based on skill, ability,
qualifications and seniority
19. Adjustment Plan

If company wants to close the plant or
have a major lay-off, the union must
be consulted and terms must be
negotiated
20. Wages

Workers doing the same type of job
are paid the same rate of pay. There
are only four types of jobs.
No production bonuses
Extra pay for working afternoon shift
or night shift
21. Duration
3 year agreement
No strikes or lockouts during the 3 years
Collective agreement continues while
company and union bargain a new one
New collective agreement is based on the
old one
If negotiations break down, then there can
be a strike or lockout
Friendship
Thank you,
Have a safe journey

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English.collective bargaining generic longer.vdlc

  • 1. Collective Bargaining Vancouver & District Labour Council Warmly Welcomes Chinese Trade Union Delegation
  • 8. Purpose of trade unions Organize workers collectively to represent the interests of workers and the working class We organize in the workplace, in the community and throughout the province For better treatment for workers and the working class by employers and the government
  • 9. International Working Class Solidarity The VDLC believes that the interests of workers and capitalists everywhere are completely opposite. We believe very strongly that the interests of workers around the world are the same. This is even more true in the context of the corporate agenda of globalization that seeks to pit workers in different countries against each
  • 10. We believe in international working class solidarity
  • 11. MNCs seek to divide us Multinational corporations (MNCs) profit enormously by seeking the cheapest source of labour within their home countries, threatening workers with job loss if they don’t capitulate to demands for cuts to wages and conditions. The MNCs move to other countries seeking ever cheaper sources of labour and increase their profits enormously by doing so. It is in the interests of all workers of the
  • 12. Friendship VDLC and Beijing Municipal Federation of Trade Unions
  • 13. The response to the MNC agenda of globalization is international working class solidary We must support workers anywhere in the world where they are struggling for justice and a better life. To do this, we must get to know each other, to learn more about our common issues and common struggles.
  • 16. Work in BC Today Resource industries are less important and the service industry such as health care, education and tourism are much more important Throughout the country, work is much more precarious with far fewer workers having a 40 hour work week. Workers jobs are much less secure than they used to be.
  • 17. Service industry hard to organize
  • 18. Unionization Rate Today 30% of all workers in Canada are in unions In practice, almost all large workplaces have unions and there, all workers are members of unions. But it also means almost all small workplaces have no unions. It is much easier for employers to threaten workers with firing, lay-offs or workplace closure in small
  • 19. Secret ballot vote held by government
  • 20. Organizing unions is still very hard Although it is illegal for employers to threaten workers who want to join a union, in practice it is common and sometimes workers are fired We organize workers in secret so the employer does not find out who has signed up When we sign up a majority of workers, we apply to the Labour Relations Board for a vote The LRB runs the secret ballot vote and if
  • 22. Today, unions recognized in law Employers must recognize the union when a majority of workers vote in a government-run secret ballot vote to join the union But in practice, employers do everything possible to discourage workers from joining unions, especially scaring workers by threatening firings, lay-offs or workplace closures.
  • 24. But getting the first collective agreement is very hard It is illegal for employers to refuse to bargain in good faith But in practice they often threaten to close the workplace or lay off workers if the union gets a first collective agreement Sometimes workers get so scared they stop supporting the union But usually they continue to support us and we get a first agreement.
  • 26. Today, most collective agreements have the Rand formula Because the union is legally obliged to represent all workers, regardless of whether they are members Those workers that share in the benefits established by the union should also shoulder part of the burden, the maintenance of the union by paying union dues Analogy: duty to pay taxes, in exchange government provides services to all Closed shops: In public sector, workers
  • 28. Labour Law Context Adversarial premise Most workers covered by provincial labour codes 10% of workers are under federal law, covering national workers, e.g. postal, transportation and communications Labour laws governing unions are supplemented by other laws & programs (workers’ compensation, EI, CPP, Human Rights, etc.) Right to strike (or lock out) only when no collective agreement in effect Generally agreements continue to apply until replaced by new terms / renewed Essential services laws prevent some kinds of workers from withdrawing services - expanding list of coverage, once "life & limb" now covers much broader scope Only some provinces do not permit use of scabs in a strike
  • 29. Less racism than in the past
  • 30. Today, there is much less racism than in the past All Canadians, including new immigrants have fundamental rights Unions actively oppose racism and actively promote the involvement of people of colour and new immigrants in the union, e.g. running English as a Second Language courses There are still some racist attitudes among some people in our society but it is illegal and is actively
  • 32. Today for women workers things are much better It is illegal to treat women and men differently on the job Women have the same rights to be hired and for promotion as men They have the same rights to pay for work of equal value and for pensions They also have maternity and parental leave rights There is still some discrimination against women in attitudes but much less than before But the reality is still that women, because of the types of jobs they hold that are undervalued, are paid 30% less than men.
  • 33. Vacation time will get us up a close mountain, but what about the Great Wall? Our vacations are too short.
  • 34. Minimum wage laws today Today, minimum wage laws, while they cover almost all workers, are grossly inadequate to protect workers from poverty. Our two weeks vacation entitlement in law and our 10 day holiday paid leave are far behind European laws.
  • 35. Public pensions are inadequate
  • 36. Public insurance systems Canada Pension Plan, inadequate to avoid poverty in retirement Medicare (includes all hospital stays and doctors visits; excludes dental, vision, medicine outside hospital) Employment Insurance (includes maternity and sickness) Workers’ Compensation, most workers qualify but many do not, especially for occupational diseases
  • 38. Today, the plan is called Employment Insurance, not UI All workers must pay into the fund as must all employers But in practice, many workers do not qualify for benefits because they have not worked enough hours in the year, or they run out of benefits before they have found work. More than 50% of Canadian workers who are unemployed are not receiving benefits.
  • 40. Labour and socialist politics today Today, most unions are affiliated to the New Democratic Party (NDP), the political party which grew out of the CCF. Its ideology remains social democratic. In Quebec, most unions are affiliated to the Bloc Quebecois, which is also a social democratic party. Trade union members are free to vote for who they want in government
  • 41. Today, 70% of workers in unions are in Canadian unions
  • 42. Most workers now in Canadian Unions In 1970, only 30% of workers who were members of unions in Canada were members of Canadian unions. The rest were members of American- based unions. Today, 70% of all workers who are members of unions in Canada, are members of Canadian unions. The rest are members of American-based unions.
  • 43.
  • 44. Canadian Labour Congress • Represents more than 3 million workers who are represented by dozens of unions, both Canadian and American-based, provincial federations of labour and regional labour councils • Four full time officers, elected at convention held every 3 years, more than 1,000 delegates • Head office in Ottawa and regional offices throughout the country with
  • 45.
  • 46. BC Federation of Labour • Represents more than 500,000 workers who are represented by more than 50, both Canadian and American-based, in about 800 local unions • Two officers elected at convention of more than 1,000 delegates, held every two years • 20 executive officers from the largest unions meet once a month • 10 full time staff work at the
  • 47. VDLC covers Greater Vancouver area
  • 48. Vancouver & District Labour Council Founded in 1889 Second largest labour council in Canada Represents 65,000 workers in 118 local unions Executive of 5 elected officers (President is full time) plus 12 members representing various unions
  • 51. Work in BC Today Resource industries are less important and the service industry such as health care, education and tourism are much more important Throughout the country, work is much more precarious with far fewer workers having a 40 hour work week. Workers jobs are much less secure than they used to be.
  • 52. Service industry hard to organize
  • 53. Unionization Rate Today 30% of all workers in Canada are in unions In practice, almost all large workplaces have unions and there, all workers are members of unions. But it also means almost all small workplaces have no unions. It is much easier for employers to threaten workers with firing, lay-offs or workplace closure in small workplaces.
  • 54. Secret ballot vote held by government
  • 55. Organizing unions is still very hard Although it is illegal for employers to threaten workers who want to join a union, in practice it is common and sometimes workers are fired We organize workers in secret so the employer does not find out who has signed up When we sign up a majority of workers, we apply to the Labour Relations Board for a vote The LRB runs the secret ballot vote and if a majority of workers vote in favour, the union is certified by the government to represent all of the workers in the workplace.
  • 57. Today, unions recognized in law Employers must recognize the union when a majority of workers vote in a government-run secret ballot vote to join the union But in practice, employers do everything possible to discourage workers from joining unions, especially scaring workers by threatening firings, lay-offs or workplace closures.
  • 59. But getting the first collective agreement is very hard It is illegal for employers to refuse to bargain in good faith But in practice they often threaten to close the workplace or lay off workers if the union gets a first collective agreement Sometimes workers get so scared they stop supporting the union But usually they continue to support us and we get a first agreement.
  • 61. Today, most collective agreements have the Rand formula Because the union is legally obliged to represent all workers, regardless of whether they are members Those workers that share in the benefits established by the union should also shoulder part of the burden, the maintenance of the union by paying union dues Analogy: duty to pay taxes, in exchange government provides services to all Closed shops: In public sector, workers must join the union but in the private sector, not all agreements require membership, just dues.
  • 63. Labour Law Context Adversarial premise Most workers covered by provincial labour codes 10% of workers are under federal law, covering national workers, e.g. postal, transportation and communications Labour laws governing unions are supplemented by other laws & programs (workers’ compensation, EI, CPP, Human Rights, etc.) Right to strike (or lock out) only when no collective agreement in effect Generally agreements continue to apply until replaced by new terms / renewed Essential services laws prevent some kinds of workers from withdrawing services - expanding list of coverage, once "life & limb" now covers much broader scope Only some provinces do not permit use of scabs in a strike or lock out
  • 64. Less racism than in the past
  • 65. Today, there is much less racism than in the past All Canadians, including new immigrants have fundamental rights Unions actively oppose racism and actively promote the involvement of people of colour and new immigrants in the union, e.g. running English as a Second Language courses There are still some racist attitudes among some people in our society but it is illegal and is actively
  • 67. Today for women workers things are much better It is illegal to treat women and men differently on the job Women have the same rights to be hired and for promotion as men They have the same rights to pay for work of equal value and for pensions They also have maternity and parental leave rights There is still some discrimination against women in attitudes but much less than before But the reality is still that women, because of the types of jobs they hold that are undervalued, are paid 30% less than men.
  • 68. Vacation time will get us up a close mountain, but what about the Great Wall? Our vacations are too short.
  • 69. Minimum wage laws today Today, minimum wage laws, while they cover almost all workers, are grossly inadequate to protect workers from poverty. Our two weeks vacation entitlement in law and our 10 day holiday paid leave are far behind European laws.
  • 70. Public pensions are inadequate
  • 71. Public insurance systems Canada Pension Plan, inadequate to avoid poverty in retirement Medicare (includes all hospital stays and doctors visits; excludes dental, vision, medicine outside hospital) Employment Insurance (includes maternity and sickness) Workers’ Compensation, most workers qualify but many do not, especially for occupational diseases
  • 73. Today, the plan is called Employment Insurance, not UI All workers must pay into the fund as must all employers But in practice, many workers do not qualify for benefits because they have not worked enough hours in the year, or they run out of benefits before they have found work. More than 50% of Canadian workers who are unemployed are not receiving benefits.
  • 75. Labour and socialist politics today Today, most unions are affiliated to the New Democratic Party (NDP), the political party which grew out of the CCF. Its ideology remains social democratic. In Quebec, most unions are affiliated to the Bloc Quebecois, which is also a social democratic party. Trade union members are free to vote for who they want in government elections. Most, but far from all, support social democratic parties.
  • 76. Today, 70% of workers in unions are in Canadian unions
  • 77. Most workers now in Canadian Unions In 1970, only 30% of workers who were members of unions in Canada were members of Canadian unions. The rest were members of American- based unions. Today, 70% of all workers who are members of unions in Canada, are members of Canadian unions. The rest are members of American-based unions.
  • 78.
  • 79. Canadian Labour Congress • Represents more than 3 million workers who are represented by dozens of unions, both Canadian and American- based, provincial federations of labour and regional labour councils • Four full time officers, elected at convention held every 3 years, more than 1,000 delegates • Head office in Ottawa and regional offices throughout the country with staff
  • 80.
  • 81. BC Federation of Labour • Represents more than 500,000 workers who are represented by more than 50, both Canadian and American-based, in about 800 local unions • Two officers elected at convention of more than 1,000 delegates, held every two years • 20 executive officers from the largest unions meet once a month • 10 full time staff work at the headquarters in Vancouver
  • 82. VDLC covers Greater Vancouver area
  • 83. Vancouver & District Labour Council Founded in 1889 Second largest labour council in Canada Represents 65,000 workers in 118 local unions Executive of 5 elected officers (President is full time) plus 12 members representing various unions
  • 84. When and how to begin preparing for negotiations Membership Meetings Bargaining Unit Questionnaires Steering Committees Strategy Meetings Ratification of Proposals First Collective Agreements
  • 85. Understanding the true needs of the other party Opening day of negotiations Identifying Key Issues Responding to demands for concessions The importance of bargaining Job Security Seniority rights Pensions and Benefits Credibility and trust Using Liaison Committees effectively
  • 86. How to assess the strength of your position at bargaining Backing up your positions Credibility of the Bargaining Committee Gauging the strength of a Strike Vote Communications Researching trends Measuring progress
  • 87. How to protect your rights during the contract term and avoid problems at the table Note-taking Sign off sheets Exploring a tentative deal
  • 88. How to identify critical issues for your negotiations Communications Determining strike issues
  • 89. What goals you should consider setting Timing The number of issues for the proposal Language issues Pattern bargaining Length of Collective Agreements
  • 90. Alternatives for Negotiations Mediation Binding Arbitration Labour’s response to Legislation Creating a respectful working relationship
  • 91. The interests of workers and bosses are not the same.
  • 92. Viva Magnetic CAW Collective Agreement
  • 93. 1. Introduction Purpose, to promote harmonious relations Protect the union Protect the worker – no contracting out
  • 94. 2. Management Rights They have them all unless we erode them
  • 95. 3. Union Recognition Company recognizes union as representing all workers All workers must join union and pay dues Company must recognize shop stewards in workplace and allow outside union reps access Company must allow union bulletin boards Company must allow union reps leave from workplace
  • 96. 4. Communications Committee So union can find out what’s going on
  • 97. 5. Discipline Company can only discipline (warnings, suspensions or firing) for just and reasonable cause Union can put in grievance on behalf of worker if he or she feels discipline is unjust
  • 98. 6. Grievance Procedure Several formal stages Union meets at low level with management Proceed to higher levels of management Grievor is present throughout Time limits so company can’t stall
  • 99. 7. Arbitration Third party chosen by union and company Formal hearing, decides the case Company must follow arbitrator’s decision
  • 100. 8. Occupational Health and Safety OHS Committee Injured worker procedures First aid attendants Prevent cancer campaign Workplace conditions Workers have right to refuse unsafe work Company must provide personal protective equipment
  • 101. 9. Human Rights and Harassment No discrimination eg. on basis of sex, religion, race, etc. No harassment
  • 102. 10. Hours of Work Normal hours Lunch periods and rest periods Require 8 hour break between shifts Shift assignments
  • 103. 11. Overtime Overtime pay: after 8: 1.5X; after 11: 2X All overtime is voluntary Call out pay Reporting pay
  • 104. 12. Vacations Vacation entitlement and pay: After 1 year, 2 weeks off and 4% pay After 5 years, 3 weeks off and 6% pay
  • 105. 13. Statutory Holidays 10 days per year Must have time off and must be paid
  • 106. 14. Benefits Company pays for all medical insurance. Includes BC medical plan, prescription drugs and dental plan Life insurance
  • 107. 15. Sick Leave Workers receive unpaid leave of absence
  • 108. 16. Leaves of Absence Family leave Bereavement leave, up to 3 paid days Emergency family leave, up to 5 paid days Jury duty Parental leave Company must grant leave Benefits through Employment Insurance Commission (federal government, workers and companies pay into this insurance fund)
  • 109. 17. Seniority The longer workers are employed, the more rights they have Seniority lists given to union and posted Probation period for new workers, 3 months Last hired are first laid off Last laid off are first recalled after lay off Lose seniority (right to be called back to work) if off more than 6-9 months Entitled to severance pay (a week per year’s service)
  • 110. 18. Promotions Promotions based on skill, ability, qualifications and seniority
  • 111. 19. Adjustment Plan If company wants to close the plant or have a major lay-off, the union must be consulted and terms must be negotiated
  • 112. 20. Wages Workers doing the same type of job are paid the same rate of pay. There are only four types of jobs. No production bonuses Extra pay for working afternoon shift or night shift
  • 113. 21. Duration 3 year agreement No strikes or lockouts during the 3 years Collective agreement continues while company and union bargain a new one New collective agreement is based on the old one If negotiations break down, then there can be a strike or lockout
  • 115. Thank you, Have a safe journey