Wednesday, April 20, 2016

CTV blames workers... for non-existent problem!

Earlier this week, CTV News ran this story about sick time among managers at Alberta Health Services (AHS). The basic narrative is that “workers are lazy” and are bilking the system by taking too many sick days. As the “reporter” opens the story, he says:
It’s a job perk that many would love: months off without pay. But for Alberta Health Service managers, that’s not vacation. That’s sick pay.
The establishing shot pans across an empty room. Putting this image together with the narration and a headline about "squandering sick days" suggests AHS is some kind of ghost ship due to sick leave abuse. Which, if you have ever been to an AHS site, is clearly untrue. This pejorative framing continues throughout the story, “bolstered” by embarrassingly terrible analysis by the reporter.

There are about 8000 managers in the AHS system (including unit managers, patient care managers, metal health clinic managers, food service supervisors). CTV found “hundreds and hundreds” of managers taking more than three weeks of sick time and “more than 50” took the full 16 weeks of leave.

Is that really awful?

It is hard to say. Let’s assume that “hundreds and hundreds” of managers means about 500 (a guess—if it was higher, the reporter likely would have said “nearly 1000”). In other words, about 6% (give or take) of managers took more than three weeks of sick leave and 0.6% took the full 16 weeks of leave.

There was no real information about whether these leaves were legitimate or not, but the tenor of the story suggests there is some sort of scandal involved (we’re promised in the set-up that we’ll be “shocked” and the headline proclaims sick leave is being "squandered").

And there is also no comparative data provided (except an interview with an electrician, whose knowledge of sick leave in AHS is basically zero) about whether AHS managers take more or less sick time than workers anywhere else.

I’m not normally prone to defending managers, but this story is basically a drive-by smearing. There is no evidence whatsoever that sick leaves among AHS managers are being abused.

Indeed, the evidence is just the opposite: an employer attendance management program resulted in only a 1% reduction in sick leave. This suggests that the small fraction of AHS managers with more than three weeks of sick leave are legitimately sick.

This isn’t surprising: most managers will be older and, with age, comes higher rates of illness (and possibly injury). But CTV didn’t let facts get in the way of attacking workers.

Update: So, apparently, when you look at meaningful data, there isn't actually any problem here:
[Alberta Health Minister Sarah] Hoffman says, on average, non-union employees at AHS report 6.5 sick days a year, and that number is on par or below rates in other western provinces, and lower than the national average for non-union employees.
I wonder if CTV will retract its baseless claims now?

-- Bob Barnetson

Tuesday, April 19, 2016

Bill 4 and replacement workers

On April 7, Alberta passed Bill 4 (An Act to Implement a Supreme Court Ruling Governing Essential Services). I provided a brief overview of the legislation when it was first introduced on the Parkland Institute’s blog. The crux of Bill 4 is:
Bill 4… provides public sector workers who are governed by these laws with the right to strike. This right, however, is limited by a need to ensure the life, safety, and health of the public. In these cases, unions and employers will be required to negotiate a protocol for the provision of minimal essential public services.
One of the things I didn’t notice when I first read through Bill 4 was section 95.41(3), which governs the content of an essential service agreement. This section read:
95.41(3) During a strike or lockout, the employer shall not use the services of a person, whether paid or not,

(a) who is hired by the employer for the purpose of, or
(b) who is supplied to the employer by another person for the purpose of,

performing the work of an employee in the bargaining unit that is on strike or lockout.
Essentially, public-sector employers that operate hospitals, are regional health authorities or are within the ambit of the Public Service Employee Relations Act are prohibited from hiring or using replacement workers during a strike or lockout.

Replacement workers (often called scabs) are an employer strategy to minimize the impact of a strike by replacing the lost labour of the striking workers. Scabs are relatively uncommon in public sector strikes and, in theory, should not be necessary because the essential services agreement should provide an adequate workforce.

That said, this provision sends an interesting signal to employers about the policy preferences of the NDs. This many be important as it is expected that the NDs will be reviewing the broader labour relations framework over the next year or two.

-- Bob Barnetson

Friday, April 15, 2016

Labour & Employment: Don't Give Up

This week’s installment of Labour & Pop Culture is “Don’t Give Up” by Peter Gabriel and Kate Bush. The song is about the stress unemployment causes within families. It was inspired by the Great Depression but written about Margaret Thatcher’s England.

The male voice sings about frustration, isolation and despair:
moved on to another town
tried hard to settle down
for every job, so many men
so many men no-one needs
The female voice sings the chorus, offering encouragement and support:
rest your head
you worry too much
it's going to be alright
when times get rough
you can fall back on us
don't give up
please don't give up
I’ve selected the Willie Nelson-Sinead O’Connor version as Peter Gabriel kind of leaves me cold (the song is really more of a country song than art-rock). You can see the original video here.



in this proud land we grew up strong
we were wanted all along
I was taught to fight, taught to win
I never thought I could fail

no fight left or so it seems
I am a man whose dreams have all deserted
I've changed my face, I've changed my name
but no one wants you when you lose

don't give up
'cos you have friends
don't give up
you're not beaten yet
don't give up
I know you can make it good

though I saw it all around
never thought I could be affected
thought that we'd be the last to go
it is so strange the way things turn

drove the night toward my home
the place that I was born, on the lakeside
as daylight broke, I saw the earth
the trees had burned down to the ground

don't give up
you still have us
don't give up
we don't need much of anything
don't give up
'cause somewhere there's a place
where we belong

rest your head
you worry too much
it's going to be alright
when times get rough
you can fall back on us
don't give up
please don't give up

'got to walk out of here
I can't take anymore
going to stand on that bridge
keep my eyes down below
whatever may come
and whatever may go
that river's flowing
that river's flowing

moved on to another town
tried hard to settle down
for every job, so many men
so many men no-one needs

don't give up
'cause you have friends
don't give up
you're not the only one
don't give up
no reason to be ashamed
don't give up
you still have us

don't give up now
we're proud of who you are
don't give up
you know it's never been easy
don't give up
'cause I believe there's a place
there's a place where we belong

-- Bob Barnetson

Tuesday, April 12, 2016

Social policy mitigating the motherhood-wage penalty

Today is equal pay day. The most compelling story on pay equity recently is the suit filed by members of the US National Women’s Soccer Team alleging gender-based wage discriminationYou can read the story but this slide show (unfortunately embedded in Facebook) tells the tale better.

While straight-up old-school wage discrimination remains an important issue, new research suggests that social policy plays an important role in mitigating the wage penalty associated with having children.

Work–Family Policy Trade-Offs for Mothers? Unpacking the Cross-National Variationin Motherhood Earnings Penalties” finds (among other things) that publicly funded child-care and job-protected leaves help minimize the motherhood wage penalty. The economically ideal leave length (from the perspective of minimizing the child wage penalty) appears to be two years, with shorter and longer leaves being associated with worse outcomes.


-- Bob Barnetson

Friday, April 8, 2016

Labour & Pop Culture: Company Store

This week’s installment of Labour & Pop Culture is “Company Store” by Driftwood. This is a different song from “16 Tonnes” by Tennessee Ernie Ford (which talks about coal miner’s being driven into debt by being forced to shop at a store run by the coal mine.

Driftwood is a bluegrass group. I couldn’t fine a lyrics sheet for the song but, if you listen, it pleasantly seems to shift back and forth between work and love.

There is a long history of folk music written about work; one of the best radio series I have heard was a multi-part Smithsonian (I think) series on the history of trade unions that used the Folkways archives. I couldn’t find this online but I did find one collection.



-- Bob Barnetson

Tuesday, April 5, 2016

Should faculty operate under the Labour Relations Code?

A few weeks ago, Alberta introduced amendments to its labour laws that extend the right to strike to almost all public sectors workers. University professors continue to have no statutory right to strike because faculty labour relations are governed by the Post-Secondary Learning Act.

Last fall, the government consulted the post-secondary education (PSE) sector about altering this unusual arrangement. The Confederation of Alberta Faculty Associations (CAFA) took the position that faculty association collective bargaining should remain outside the ambit of mainstream labour law. Most, but not all, actors in the PSE sector agreed with this position.

Thorough reviews of Alberta’ Labour Relations Code (LRC) and the PSLA seem likely over the next year. Retaining a separate legal regime for faculty seems contrary to the government’s recent moves around both the right to strike and farm worker rights. While incorporating Alberta’s faculty into mainstream labour laws would raise a number of technical issues, the real question is whether this is a good idea.

The CAFA submission makes a number of arguments against inclusion under the broad heading of “academic labour relations is different”:

1. Faculty move in and out of “management” positions.
2. Faculty work unusual hours and globally.
3. Faculty members interests include matters such as academic freedom.
4. Faculty associations participate in and uphold collegial governance.

I could disassemble each argument in turn but, given that faculty in every other jurisdiction in Canada somehow manage under mainstream labour laws, the overall “uniqueness” argument is clearly without much merit.

CAFA then argues that the current system “has been successful in many ways” but cites only the resolution of contractual disputes (through mandatory arbitration) and associations defending the rights of their members (which is the basic purpose of any union). These outcomes happen everywhere and are not the product of the Alberta’s unique faculty labour relations system.

Indeed, CAFA then goes on to flag a number of changes it wants to the PSLA system: a duty to bargain in good faith, a duty of fair representation adjudicated by the Labour Board, access to member information, and collective agreement continuance during bargaining. All of these matters are dealt with by mainstream labour law…

Overall, the arguments CAFA advanced for retaining faculty association exceptionalism are surprisingly poor. But what of the arguments for inclusion? The key issues here centre on choice and accountability

Under the LRC, faculty members would (as a group) have a periodic opportunity to choose a different (or no) union to represent the to their employer. This basic choice is foreclosed under the PSLA.

The absence of choice means there is less pressure on unions to be responsive to members’ needs than under the LRC because there is no risk of losing the bargaining unit to another unit. So arguing against mainstream labour law is an argument in faculty associations’ own interests.

Similarly, while faculty members dissatisfied with how their union handles their grievance can sue their union under common law duty of fair representation (DFR) provisions, this process is out of reach of most faculty members. Under the LRC, DFR issues are resolved through a quick and low-cost process at the Labour Board.

Absent a compelling argument for faculty association exceptionalism, principles such as choice and accountability (which are codified in mainstream labour law) ought to drive the government’s policy making. While a transition to mainstream labour laws would entail a transition (which may require transitional provisions), it would provide faculty members with the same rights every other worker—including faculty members in other provinces—enjoy.

-- Bob Barnetson

Friday, April 1, 2016

Labour & Pop Culture: Downeaster Alexa

This week’s installment of Labour & Pop Culture is “Downeaster Alexa” by Billy Joel. Joel workers on an Oyster Boat at one time and has a history of protesting regulations that constrained fisheries workers.

Downeaster Alexa is sung from the perspective of a worker struggling to maintain ownership of his (?) boat in the face of declining fish stocks:
I've got bills to pay and children who need clothes
I know there's fish out there but where God only knows
They say these waters aren't what they used to be
But I've got people back on land who count on me
Joel also mentioned government regulation (“Since they told me I can’t sell no stripers”) and the gentrification of old fishing towns.
There ain't much future for a man who works the sea
But there ain't no island left for islanders like me
Overall, Downeaster Alexa is a moving tribute to the decline of a traditional industry and the impact that this decline has on those who (often for generations) worked in it. Joel’s voice is also amazingly rich and powerful in song.While searching for some info, I ran across this fascinating set of learning activities (about fisheries) based upon the Downeaster Alexa.



Well I'm on the Downeaster Alexa
And I'm cruising through Block Island Sound
I have charted a course to the Vineyard
But tonight I am Nantucket bound

We took on diesel back in Montauk yesterday
And left this morning from the bell in Gardiner's Bay
Like all the locals here I've had to sell my home
Too proud to leave I've worked my fingers to the bone

So I could own my Downeaster Alexa
And I go where the ocean is deep
There are giants out there in the canyons
And a good captain can't fall asleep

I've got bills to pay and children who need clothes
I know there's fish out there but where God only knows
They say these waters aren't what they used to be
But I've got people back on land who count on me

So if you see my Downeaster Alexa
And if you work with the rod and the reel
Tell my wife I am trawling Atlantis
And I still have my hands on the wheel

Yeah yo [x4]

Now I drive my Downeaster Alexa
More and more miles from shore every year
Since they tell me I can't sell no stripers
And there's no luck in swordfishing here

I was a bayman like my father was before
Can't make a living as a bayman anymore
There ain't much future for a man who works the sea
But there ain't no island left for islanders like me

Yea yea yea oh [x4]

-- Bob Barnetson