UNA staffers change bargaining agents

Two weeks ago, 45 staff members at the United Nurses of Alberta (UNA) voted to leave the Steelworkers Union and be represented by the Union of Labour Professionals (ULP), an independent union that the workers formed. The impetus for this change in representation was questions about whether being a part of Steel was the best fit and in the unit's best interests. There were concerns about autonomy and financial transparency, and the catalyzing event was Steel’s perceived interference with the operation of the bargaining unit during a dispute with the employer.

I’d originally planned to use this event as the jumping off point for a discussion about the tension between worker choice and union cartel behaviour and the politics of raiding. But the story itself also proved to be pretty interesting, providing insight into how unions can cause and respond to member dissatisfaction. So I decided to foreground the story.

Background

The Steelworkers represented what I’ll call the professional staff at UNA (as distinct from the clerical and administrative staff) by virtual of a voluntary recognition agreement between Steel and UNA. The skills of the bargaining-unit members (i.e., union staffers) means that the unit is mostly self-sufficient in terms of bargaining, grievances, and other membership servicing tasks. For the most part, then, the unit was left alone by Steel manage its internal affairs (which was sesible for the unit).

During COVID, UNA staffers began working from home. In mid-2021, when UNA called the staffers back to work in the office, the bargaining unit asked UNA to negotiate some flexibility and terms around working from home. UNA said “nope” and referred matters to the next round of bargaining (which was imminent). The workers never did go back to work in the office that year.

Later, bargaining started and, while the unit tried to negotiate some flexible-work language, once again UNA called the workers back to the office. Calling the workers back to the office, according to the bargaining unit, constituted a change in the terms and conditions of work during bargaining, something employers are prohibited from doing.

The bargaining unit filed an unfair labour practice complaint against UNA about this change during the “freeze period”, after telling Steel they were going to, and getting a provisional blessing. Subsequently, a different Steel representative decided the bargaining unit did not have the authority to file an unfair and ordered the bargaining unit to withdraw it. The bargaining unit basically said “yeah, no” and Steel reconsidered.

UNA’s response to the unfair questioned whether the bargaining unit had standing to file an unfair at the Labour Board. Steel’s submission also seemed to question the unit’s standing to file the unfair, which sat poorly with many members of the bargaining unit.

This interference in the unfair crystallized long-term dissatisfaction among many members of the bargaining unit and triggered an organizing drive to replace Steel with an independent union. (The acronym of the Union of Labour Professionals (ULP) is also a commonly used acronym for an unfair labour practice complaint.)

Selecting a Different Bargaining Agent

Alberta’s Labour Relations Code, like labour laws in all Canadian jurisdictions, allows unionized worker to periodically revisit their choice of which union will be their bargaining agent. During these “open periods”, workers can:

• take no action and thus remain represented by their existing union, 
• have a different union apply to be certified at their new bargaining agent (colloquially called a raid), or 
• file a revocation application to become a non-unionized group of workers. 

In Alberta, both raids and revocations both entail votes of the member of the bargaining unit, with the majority of voters determining the outcome.

The policy rationale underlying open periods is that they hold unions accountable to their members by giving the members the option to periodically revoke their consent to be represented by the union. This option backstops other union accountability mechanisms, such as union’s internal democratic structures (that workers can attempt to use to change union policy) and unions’ duties to fairly represent members during grievance handling.

Steel’s Reaction

When ULP filed a certification application with the Alberta Labour Relations Board, the Steelworkers took steps to try and retain the bargaining unit as a Steel unit. Additionally, some members circulated information to bargaining unit members about the effect of a decertification vote, including that the collective agreement with the employer would be terminated. This is a pretty typical tactic designed to highlight the costs of leaving the union.

This gambit ran into two problems:

1. this was a raid, wherein a new union would inherit the collective agreement, not a decertification, wherein the collective agreement is terminated, and
2. the members of the bargaining unit (i.e., union staffers) were savvy enough to know that. 

Steel then held two “decertification” meetings with the bargaining unit. Typically, a union will use these meetings to highlight both the reasons members might want to stay with them (e.g., access to a large strike fund) and the costs of leaving the union.

The accounts of the meeting I have is that Steel had no coherent presentation and said just wanted to learn about the concerns of the members. Given that a certification had been filed and a vote was likely, this seems like a mis-step: things were well beyond “tell us about your concerns”.

This approach also ceded the initiative to the bargaining unit members, who demanding to see financial statements related to their dues and policies around access to the strike fund. The answers provided by Steel were partial and unsatisfactory and further galvanized support for leaving.

It also opened the door to a member querying whether Steel would be raising objections to the certification application at the Labour Board or would let members democratically decide the matter. The framing of this question neatly backed Steel into a corner (i.e., agree to raise no objections or look anti-democratic) and, in the end, Steel agreed to not raise any objections.

The eventual vote was 29-13 in favour of leaving (about 69%) and the Labour Board recognized the ULP as the new bargaining agent. ULP then served notice on UNA to bargain (or continue bargaining from where Steel left off—that seems to be a bit up in the air at the moment). As the vote suggests, not every member was thrilled with the decision to leave Steel and/or to join an independent union.

The Politics of Raiding

Raiding (when one union tries to recruit members who are already represented by another union) is an extremely contentious issue within the Canadian labour movement. The argument against raiding basically come to down to raiding being divisive (i.e., pitting unions against one another, when they should be cooperating) and wasteful of resources (which could be better spent on servicing members and organizing unrepresented works). There is also concern about the de-stabilizing effect of large-scale raids on the raided unions (which lose dues revenue when they lose members).

Many unions are affiliates of the Canadian Labour Congress (CLC) and affiliates are often referred to as being a part of “the House of Labour”. This terminology is essentially a legitimacy claim that throws shade at non-affiliated unions, suggesting that they are in some way suspect (more on that below). The CLC’s constitution bars raiding by its member affiliates. Article 4.5.a states:

Each affiliate respects the established collective bargaining relationships of every other affiliate. No affiliate will try to organize or represent employees who have an established bargaining relationship with another affiliate or otherwise seek to disrupt the relationship.

The CLC constitution also sets out a process for handling efforts by members of CLC-affiliated unions who seek representation by a different union. These provisions basically serve as an impediment to workers changing bargaining agents by bureaucratizing the process and disincentivizing affiliates from seeking to represent such workers.

In this way, the bar on raiding prioritizes union stability (which is not an inherently bad thing) over worker choice. Workers, of course, retain their statutory right to seek a different bargaining agent during an open period and, at times, CLC affiliates have left the House of Labour (e.g., Unifor in 2018) as a result of raiding (and/or in order to raid).

To navigate these circumstances (wherein no union with “the House of Labour” was likely to agree to represent them, given that Steel was already the recognized bargaining agent), UNA staffers decided to create their own non-affiliated union. This new union may (or may not) decide to affiliate with the House of Labour at a later date.

Non-affiliated unions exist throughout Canada. They are sometimes criticized as being lesser unions, perhaps subject to employer domination and/or unable to provide competent representation and support. Sometimes this criticism seems to ring true, such as with the Christian Labour Association of Canada (CLAC). Other time, such as with the Alberta Union of Provincial Employees, it doesn’t.

In this case, I don’t see much reason for concern. The ULP comprises staffers of a trade union (UNA), who are, by virtue of their professions, able to provide skilled representation. They are also, by virtue of their dispositions, unlikely to be employer dominated. Other union staff in Alberta (such as those who work for the Alberta Union of Provincial Employees) are also represented by independent unions.

If there is a legitimate potential concern about ULP’s ability to serve its members, it might be that the union has not yet accrued significant financial resources to, for example, allow it to provide its members with strike pay. Given the relatively high pay of ULP members, this is unlikely to be a significant barrier to job action, should the union take it. Further, the members of ULP are pretty sophisticated about union matters and would have considered that risk when they decided to cast their vote.

-- Bob Barnetson

AUPE survey on pandemic needs

The Alberta Union of Provincial Employees (AUPE) periodically publishes a magazine (Direct Impact). The fall 2021 issue (not yet online at the time of writing) reports the results of a survey of its members about the impact of COVID.

The survey is fascinating, documenting income losses by two-thirds of members, with the losses being highly racialized. More than a quarter of member households experienced a layoff and almost half (49%) cut back on food purchases. An interesting question was what measures would help AUPE members cope with the financial hardships caused by COVID. I've nicked the graphic (sorry Guy!) and present it below:

Keep in mind that these results represent the view of unionized workers in AUPE who responded to the survey (I don't see a note about response rates). This means we should be cautious about its findings and especially of generalizing to other populations.

The pearl-clutching aside, what is most striking is that workers overwhelming identify price controls as what would help them most. Many of the COVID demands popularized by the broader labour movement (e.g., paid sick leave, presumptive WCB, childcare subsidies) received much less support. 

Further, demanding government intervention in the market (which neoliberalism suggests is anathema, unless it benefits the wealthy) is a surprisingly bold position for such a large portion of the respondents to stake out. Perhaps the pressure COVID is create and how it has pulled back the curtain on class-disparities is starting to more clearly inform rank-and-file views on union priorities?

-- Bob Barnetson

Labour & Pop Culture: Documentary on 9-to-5 Movement

Netflix is presently showing a documentary entitled 9to5: The Story of a Movement. This documentary traces the development of the 9 to 5 social movement that began foregrounding unfair working conditions for women office workers in the United States (initially in Boston) in the early 1970s. This movement was the inspiration for the 1980 comedy of the same name (which holds up pretty well and, sadly, is still topical, 40 years later).

One of the narrative arcs of the film explores how the 9 to 5 movement transitions from a social movement into a union (Local 925) as the workers sought to formalize and entrench the gains they had made. This includes following a union organizing campaign (in Cincinnati I think, but it may have been Seattle) through an initial defeat and subsequent victory. It also examines how the attack on labour by US business and government in the 1980s affected Local 925.

-- Bob Barnetson

Labour & Pop Culture: More Brooklyn 99

It looks like Brooklyn 99 will be using the Policeman’s Benevolent Association as a recurring antagonist in its final season. In Episode 3 (The Blue Flu), the uniformed officers fake an attack on an officer (mouse in a burrito) in order to pressure the NYPD to support the officers and buy them new tactical equipment. (These are likely reasonable demands from the perspective of the workers, but they are not explored and simply dismissed as self-interested.) When the NYPD won’t play along, the officers call in sick (i.e., strike illegally) and the main characters have to investigate and foil this job action.

Again, recognizing that writing a police comedy is tricky these days, there was a lot of interesting stuff packed into this show. First up, we don’t often see workers engaging in direct action on television. While the direct action is eventually contained by the employer, that the workers forced the employer to respond highlights how effective direct action can be. I’m not sure that was the intent of the writers, but it was an interesting facet of the show.

The sick out is basically treated as illegitimate. But one of the workers' demands was for new tactical gear (i.e., personal protective equipment), which you’d think the main characters might have some sympathy for. This suggests that there may be more to this work stoppage than worker laziness and manipulation (which is how it is presented).

The speed at which the main characters (who are generally written as moral, upstanding, and sometimes politically aware) jump to bust the patrol officers’ job action is quite striking. This again highlights how police officers sit in a conflicted position as workers. The main characters are workers but their job is to act against other workers on behalf of the powerful. That none of them (particularly Rosa, who left her job as a cop because of racist policing practices) were in any way discomforted by this was a missed opportunity.

To fill out the ranks while the patrol officers are out sick, detectives are dragooned from other precincts. The other precinct captains use this demand as an opportunity to take out the trash, dumping their least productive detectives on the 99th Precinct (my wife and I laughed aloud, having witnessed this exact play in government). This requires Amy to figure out how to covert these detectives’ capacity to work into actual work. She does this by offering an incentive program linked to pedometer metrics. The workers immediately subvert this effort, which is played for laughs and further amplifies the lazy worker trope.

The sick out is eventually brought to an end when the Captain tells the union rep that the strike has revealed that fewer patrol officers actually resulted in better policing. The threat here is that, if the patrol officers stay off, they won’t have jobs to return to when they come back. This is a classic management power move (threatening jobs to gain worker compliance). It has echoes of employers threatening to dump a product line, close a business, or automate a process if the workers don’t do management’s bidding.

While the police union has only appeared in two episodes, it seems that Brooklyn 99 is drawing upon the corrupt union (or union boss) trope to create a recurring antagonist for its final season. This makes sense given that the show is trying to highlight racist and violent policing, to which police unions have contributed, while also trying to be a comedy. To the degree that viewers don’t distinguish between this particular example and the behaviour of the broader labour movement, Brooklyn 99 is likely doing workers a disservice.

-- Bob Barnetson

Labour & Pop Culture: Dawson's Creek?

So, I was watching Dawson's Creek last week (don't ask) and stumbled across some labour activism in Season 5, Episode 22 ("The Abby"). By this point in the series, Pacey (Joshua Jackson) is working as a cook in a Boston Restaurant (Civilization).

The restaurant is sold and a new manager (Alex) arrives to shake things up. She fires some of the staff, while promoting others (Pacey included) to exert control. 

Just prior to an important dinner, after which the investors will decided whether or not to open a chain of Civilization restaurants, Alex loses her cool and fires a staff member (who is a single mother working three jobs) in front of the entire staff. This alienates the staff, who donate the dinner top a homeless shelter and provide take-out pizza to the investors. The "staff association" then reads out a letter trashing the manager and everyone quits.

Overall, I thought the episode was pretty realistic in how it portrayed the new boss and her control tactics as well as the response of the workers. Specifically, I liked that it showed them reacting spontaneously and voting with their feet. A more nuanced (but likely more boring episode) might have included them getting together, organizing a series of escalating tactics, and holding a march on the boss (or some other job action). But, in the context of the show (and given the many other plot lines that needed to be wrapped up at the end of the fifth season), that would have been a pretty forced narrative and this one-off mass quitting was more appropriate. If you want a show about organizing, the series Good Girls Revolt might be more your speed.

-- Bob Barnetson

Early Chinese worker militancy in BC

The autumn issue of Our Times magazine contained a very interesting examination of early Chinese worker militancy in BC, written by Winnie Ng. The article traces the history of these workers from 1881 to 1947.

Ng documents several instances of militancy among these workers, including a strike to protest and resist head tax collection in Victoria in 1878, efforts to reduce working hours and improve wages in laundries in 1906 and kitchens in 1907 and the formation of various Chinese unions.

Of particular interest is Ng’s discussion of co-operation between Chinese and White shingle-worker unions. Employers used Chinese workers to suppress wages and the more privileged white workers recognized in 1917 that they needed the support of Chinese workers to make progress. Ng’s translation of Chinese-language newspaper coverage demonstrates the savvy of the Chinese workers. Several strikes ensued to resist wage rollbacks and increase compensation.

Ng also chronicles Chinese workers mobilizing against racist relief programs during the Great Depression. This history challenges conventional historical views about Chinese workers as docile and strikebreakers. Overall, this is a very good read, particularly for students in LBST 325.

-- Bob Barnetson

A Christmas Carol from an organizing perspective

The blog Organizing Work ran an interesting piece last week interrogating how worker organizing could have altered the trajectory of the story in A Christmas Carol (delightfully, using the Muppet version). 

The post contains several astute observations, including that the workers manage to get a day off for Christmas from Scrooge by acting collectively and without the aid of supernatural forces.

What I enjoyed the most in the film was the overt shit-talking about the terrible character of the boss 9see the clip above). While it is easy to excuse a boss's behaviour as a function of structural pressures (e.g., the profit imperative), it is important not to lose sight of the fact that bosses have agency and could behave better than they do if they so wished.

-- Bob Barnetson