Organizing

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Organizing...organizing the unorganized is possible

Context and challengesthe union movement in Canada today is at a historic crossroads. With over 4.5 million workers belonging to a union (and countless others positively affected by the benefits of unionization), the movement remains an influential force agitating for fairer and safer workplaces. We also continue to be a voice for progressive and human economic, environmental and social policies. today, about 30 per cent of Canada’s working age population is covered by a collective agreement – a rate that’s fallen from over 40 per cent in peak years, but that’s remained remarkably steady over the past decade, during some of the most challenging economic times we’ve ever seen.

much of this can be explained by looking at Canada’s public sector. it maintains a high level of unionization (74 per cent of all workers). this includes workers in health care, education, public transportation and a variety of other sectors. in fact, the number of unionized public sector workers has grown since 2007 by about 8 per cent, or 200,000 members. the number of women in unions continues to grow too (now over 2.3 million), outpacing the rate of growth for men. Young workers (between the ages of 15-24) have also seen an uptick in unionization since 1997.

despite this positive news, there are storm clouds on the horizon. For starters, the private sector continues to shed unionized jobs by the thousands. today, private sector union density sits at 17 per cent, a far cry from 30 per cent in 1981.

manufacturing and processing jobs (a traditional bastion for unionization) continue to be uprooted from Canada and shipped overseas. most private sector jobs created in the aftermath of the global economic crisis in Canada are highly precarious (forced part-time, temporary, contract and seasonal), and many workers don’t enjoy the benefits of a collective agreement. Some precarious workers are simply dealt out of their right to join a union by loopholes in labour laws.

to make matters worse, recently introduced federal and provincial austerity measures designed to cut public deficits and privatize public services aim to strike at the heart of unionized public sector jobs, killing off tens of thousands. this will place further downward pressure on the working conditions for millions more.

Unions may well be holding the line in Canada, but the challenges faced today are unprecedented. and the decisions made today on which approach to take to build for the future, will have lasting and far-reaching consequences.

The harper government: a vicious anti-unionismWe know the rate of unionization is influenced by a number of factors, such as whether or not workers want a union, how workers view unions and the fairness of labour laws – along with the ability of employers to interfere in organizing efforts. Study after study has reported that workers want to join unions. We know that workers see the CaW as a dynamic, progressive and effective union and want to join with us. the problems we face are unfair labour laws and aggressive employers who can actively try to defeat workers who are organizing.

We also face a unique challenge today that’s unlike any period in recent history. Since winning a majority federal government, the unabashedly anti-union Harper government has gone to great lengths to attack the institution of collective bargaining and undermine the role of unions. Unprecedented and heavy-handed interventions during contract negotiations at air Canada, Canada Post, CP rail and at other federal bargaining

Today, private sector union density sits at 17 per cent, a far cry from 30 per cent in 1981

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tables, have not only made a mockery of federal labour laws but have also contributed to a deterioration of labour-management relations in these workplaces.

this concerted attack on the collective bargaining rights of workers is part of a more polarized politics forming in Canada that has placed unions and other progressive institutions in the cross-hairs of the neo-liberal agenda. there’s good reason to fear that the Harper government’s actions are just the beginning of more aggressive attacks on unions. His actions are eerily similar to the ultra-conservative tea Party movement running roughshod over workers’ rights in Wisconsin, ohio, indiana and other jurisdictions in the United States.

in fact, a tea-Party style full-out attack on unions moved into high gear in Canada as the leader of the ontario Progressive Conservative opposition tim Hudak launched a high-profile “right-to-work” policy paper and campaign in late June.

Building the union in challenging timesin light of this extraordinarily challenging climate, the actions taken by unions to revitalize, reinvigorate and (in some cases) reinvent their organizing efforts could determine the future of the movement as we know it.

Canadians have been witness to an intense political attack on workers’ rights in the U.S. since the 1980s. this attack has coincided with the predominance of neo-liberal economic policies that have proven to benefit the rich at the expense of everyone else. not since the great depression has such a chasm separated the incomes of the richest with the rest of us.

We’ve seen how this attack has negatively affected the U.S. labour movement. today, just 12 per cent of american workers belong to a union – and only 7 per cent in the private sector, among the lowest of all oeCd nations. low union density strips those few workers who have organized of their bargaining clout, and denies them the critical mass needed to raise workplaces standards for all. low union density shifts the balance of power to employers, putting downward pressure on wages, benefits and working conditions.

the relative strength and vibrancy of the Canadian labour movement has so far largely steered us clear of a similar fate. But we too have seen our fair share of anti-union legislation and government interference in collective bargaining. and we understand that the changing political and economic climate leaves us vulnerable, on a number of fronts:

• Themediaoftenportrayusinanegativelight,andthatinfluencespopularopinion;

• Employerintimidationbreedsfearamongworkers,whoareincreasinglyvulnerable;

• Workersareafraidtojoinaunion,andthat’sunacceptable;

• OrganizinglawsinmostCanadianjurisdictionsareseverelyoutdatedandpatentlyunfair(e.g.demandingunorganizedworkerssignaunioncardandthenalsocastaballot);

• Foragrowingpoolofprecariousworkers,it’sunclearhow(orif)theycanbecomeunionmembersundercurrentrules–theselawsmustchange;

• Employersareincreasinglyaggressiveintheireffortstoundercutworkers’wages,pensionsandcontractbenefits while governments often turn a blind eye. We need sufficient oversight and reprisals to keep ruthless employers in check.

Union SeCUritY• 77%ofmembershavelanguageintheir

agreements governing contracting-out.

• 70%havelanguagegoverningtechnologicalchange in the workplace.

• 36%haveafull-timeunionChairintheworkplace

• 20%haveaunionChair“asneeded.”

• 8%haveaunionChairforspecificnumberofhours per week.

• 36%haveotherformsofrepresentationfortheunion Chair.

• 54%haveanon-siteunionoffice.

Source: CAW State of the Union

What our collective agreements say about

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Unless we fully confront each of these challenges, embrace organizing as a fundamental tenet of the union’s day-to-day work, and adapt to the rapidly changing demographic of diverse Canadian workers then the U.S. experience will offer a glimpse into what’s in store for us down the road. Unless we can be seen in the eyes of Canadians as a credible and viable mechanism to achieve democracy in the workplace, as well as fairness and justice for all, our movement will stagnate and unions will eventually lose their relevancy.

avoiding these pitfalls is a tall order. our goals are necessarily ambitious. We know that failure will have a catastrophic impact on our society, as income disparity continues to widen, social benefits continue to deteriorate and economic insecurity becomes more commonplace.

Societies that boast greater equality, stronger social supports and higher quality of life are also those with the highest levels of unionization. this comes as no surprise as unions continue to be one of the most effective economic equalizing institutions we have.

Building a stronger labour movement in Canada will require a concerted effort from all unions, not just

ours. organizing efforts must be meaningful, and they must be strategic. as unions continue to batten down the financial hatches in tough times, we can ill afford to waste valuable resources in organizing campaigns if we are only half-committed to the effort. all unions, including the CaW, must constantly and critically evaluate their organizing approaches, to establish and share best practices – and also to ensure past mistakes aren’t repeated.

organizing is the lifeblood of our movement. it’s challenging. it’s also an opportunity to be creative, which historically has been our strength. almost every union in Canada agrees that organizing is vital, but there is a long way to go to ensure that organizing is done differently, and better.

through our actions, the CaW commits to lead the way on organizing new members in Canada.

Political action prioritiesstronger organizing lawsthe right to join a union is protected by the Charter of rights and Freedoms, yet government policies and labour laws often discourage workers from exercising that right. this is unacceptable. if our goal is to grow the union, and strengthen the labour movement, a big part of that effort will be to push for substantial changes to the current laws governing unionization, in all jurisdictions. organizing laws must be fair, they must eliminate fear, and they must protect workers in the face of employer intimidation and reprisal.

the CaW will:

• Pushprovincialgovernmentstoautomaticallycertifyatradeunionwherethemajorityofworkers(50%+1)haveindicatedtheirsupportbysigningunioncards;

• Inprovinceswherewehavecard-checkcertification,butasuper-majorityisrequired,wewillaimtolowerthethresholdtosimple50%+1majoritysupport;

• Fighttoensureallprovincialgovernmentsprovideautomaticcertificationasaremedyintheeventthattheemployercommitsanunfairlabourpractice;

• Ensurethatgovernmentsupholdtherighttoorganizefreeofinterferencebytheemployer;

organizing facts:• Since2008,theCAWhasorganizednearly17,000new

members in over 180 diverse bargaining units across Canada (in workplaces that have as few as 2 members to as many as 1,100);

• 85%ofallnewlyorganizedunitshavecomebywayof traditional organizing (card signing and certification votes), 7% have come via neutrality agreements with employers and 3% by voluntary recognition;

• Thetransportationandhealthcaresectorsmakeup the majority of newly organized CAW members, comprising 35% of all new members since 2008.

• 76%ofnewmembersarelocatedinOntario;

• TheprovincesofNewfoundlandandLabradorandQuebec boasted the highest rates of union coverage in 2011 (39%). The Province of Alberta had the lowest rate of union coverage (23%).

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• Lobbytoensurethatworkerswhoaredischargedorsuspendedforsupportingtheunionreceiveinterimreliefasaremedy;

• Fightforfirstcontractlegislationinallprovincestoforceemployerstorecognizetheunionandtobargainafirstagreementingoodfaith;

• LobbytobroadenthescopeofthevariousLabourRelationsActstoincludeworkerswhohavehistoricallybeenexcluded(forexample:inmanyprovinces,farmanddomesticworkersarenotcovered);

• Fighttoensurethefederalandallprovincialgovernmentsenactlegislationthatstopsemployersfromhiringreplacement workers during a labour dispute.

notable organizing victories:• Neutrality agreements in health care. In 2010, the CAW signed neutrality agreements with long-term care providers

Oakwood (in London, Ontario) and Shannex (in Atlantic Canada). The agreements ensured that employers would not interfere with union organizing efforts at other long term care facilities under their management. The result: the CAW successfully organized eight new bargaining units, comprising nearly 600 new members.

• Using master agreements to certify small units. The CAW has long negotiated “master” collective bargaining agreements that cover workers in multiple locations (and at times even across different employers) in various sectors like auto and health care. These agreements create uniform standards across workplaces, intended to take wage and benefit costs out of the competitive equation (avoiding a race to the bottom), among other benefits. Master agreements have also been used as an organizing tool, most notably for car dealerships (in Quebec) and Kentucky Fried Chicken restaurants (in British Columbia).

• Given the opportunity, most workers will organize! A certification application for food-service workers (employed by Compass Group) at a Humber College campus in Toronto was mistakenly mailed to another satellite campus location, creating an unforeseen organizing opportunity. Once news spread of the organizing drive at the first campus, workers at the second campus quickly jumped on board to organize their workplace. All it took was the knowledge that unionization was a real possibility, and workers were willing to join. This translated into a total of 165 new members, at both campuses, joining the CAW in May 2010.

• A culture of organizing. The CAW has made major in-roads in organizing school bus drivers across Canada – a sector dominated by low-wages and poor work standards. In 2010, the CAW made a concerted effort to organize drivers at Stock Transportation in the Greater Toronto Area. The union drew on the support of local union leadership, Community-Based Organizers as well as a team of newly-organized school bus drivers, who understood the importance of organizing as a means of raising workplace standards for everyone in the sector. The CAW organized 600 Stock workers as a result. More members in this sector mean more potential organizers, and more ambassadors for the union, fostering a positive culture of organizing.

• Organizing spurs organizing. In 2011, over 1,000 Manitoba Lotteries Corporation workers at two casinos in Winnipeg chose to join our union. In fact, the CAW has become the union of choice for Canada’s gaming sector workers, at casinos and racetracks throughout the country. We’ve won major workplace improvements for thousands of gaming workers, and that’s prompting others to take notice. Our continued success at the bargaining table in the gaming sector has made us the largest gaming sector union in the country. And as gaming workers continue to join the union our critical mass increases in the sector, improving our ability to make further gains. Higher union density means better collective agreements and more reasons for workers to organize.

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Collective bargaining prioritiesour efforts to create a positive legislative climate that is more conducive to organizing will certainly require a good deal of political action work. However, we can also achieve important in-roads into organizing at the bargaining table.

Creating a culture of organizing in our union means to be continually critiquing and re-evaluating everything we do – from bargaining strong collective agreements to engaging in political action campaigns, always asking ourselves: “How can this help bring new members into the union?” a culture of organizing encourages us to make connections with unorganized workers in our workplaces. a culture of organizing forces us to reach out and champion workers rights within our community. a culture of organizing means supporting all workers in need.

Here are a few initiatives initiated at the bargaining table that the CaW has undertaken in the past and that have directly, or indirectly, brought new members into the union. the CaW commits to exploring the continued use of these tools.

neutrality agreementsthere have been a number of instances where the CaW has been successful in convincing management to remain truly neutral, and not impede in our organizing efforts at other non-union facilities under their control. at times this occurs at the bargaining table and other times more informally. these neutrality, as well as voluntary recognition, agreements with employers exist in many sectors of our union, from auto parts to retail supermarkets. neutrality agreements remove employer resistance from the organizing process. this ensures workers rights are upheld and it reduces the level of animosity. it also provides workers with the ability to choose to join the union, free of intimidation and fear of reprisal – just as the process is intended to be.

the CaW will:

• Committonegotiateneutralityagreementswithouremployerswhooperatenon-unionworkplacesand,whereverpossible,negotiatevoluntaryagreementsforautomaticunionrepresentation;

• Committohaveemployersacceptcardcheckcertificationfortag-endunits(smallgroupsofunorganizedworkers at an already organized workplace), and other non-union workplaces that they may operate. We will also require that employers push their suppliers and other affiliated companies to do the same.

supplier conduct lettersin 1999, the CaW negotiated a neutrality letter with the major auto makers, which requires all suppliers to remain neutral during a union organizing drive. this effort has met with some success. the language reads in part:

the company has agreed to inform individual suppliers of the following principles:

•TheimportancethecompanyplacesonitsrelationshipwiththeCAWandthepositivevalueofthatrelationship.

•Theexpectationthatsupplierstreatemployeesinafairandequitablemanner,includingrespectingtheirrightto decide whether or not to join a union in an atmosphere free of intimidation, interference, or risk of reprisal.

•Thepracticebywhichcertainsuppliersrecognizetheunionasthebargainingagentfortheemployeeswhenthe union signs up more than 50% of the employees.

the CaW will:

• Committonegotiatesupplierconductletterswithotheremployers,aswellastostrengthenandupholdourexistingneutralityletterwiththeautomakers;

• Requireemployerstoprovideourunionwithalistoftheirsuppliers;

• NegotiatesuccessorlanguagetoprotectCAWmembersandCAWrepresentation,resultingfromchangesinsupplyrelationships;

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• Whereachangeinsupplierrelationshipsresultsinjoblosses,negotiatepreferentialhiringopportunitiesfordisplaced CaW members at the new supplier and CaW representation for that facility.

negotiated leave of absenceWhere we have strong contract language with respect to union leave, we have the ability to use our trained activists in our organizing efforts. Countless organizing campaigns have been given a tremendous boost thanks to union leave provisions that enable us to harness the energy, enthusiasm and know-how of our existing members. oftentimes, it’s those additional bodies on the ground that can help tip the balance of an organizing vote in our favour.

the CaW will:

• Committonegotiatingnewprovisionsforunionleave,andstrengthenexistingprovisions,inallupcomingrounds of bargaining.