Where do unions go from here?

PARTNERS OR ADVESARIES

By Alain Lajoie

Alain Lajoie was a teacher for 28 years. During that time, he was part of the negotiating team for the renewal of three collective agreements.

The growth of the service sector and the gig economy are challenges that unions will need to face and counter in innovative ways.

When considering the future of the labour movement,we first need to recognize who tends to be unionizedand who isn’t. In Canada, most public workers,whether they be nurses or teachers, municipalemployees or provincial inspectors, are members ofunions, as are employees in the industrial sectorsand in telecommunications.

Employees of small businesses are rarely unionized,nor are employees of family businesses. Accordingto Statistics Canada, 31% of employees in Canada areunionized and, while 78% of public sector employeesare covered by a collective agreement, only 16% ofprivate industry workers are. While almost 75% ofworkers in educational services are unionized, only3% of agricultural workers pay union dues.

Unions grow their membership in two ways, eitherby unionizing new groups or by marauding themembership of other unions. The rules for raidingare complex, differ from region to region and betweenindustries, and raiding often leads to tension betweenunion members. While raiding falls out of favour,unions must look to new groups to unionize and tonew ways of reaching potential members.

THE GIG ECONOMY

The growth of the service sector and the gigeconomy are challenges that unions will need to faceand counter in innovative ways.

The negotiation of a collective agreement is thefoundation of the labour movement. Collectiveagreements have become more complex to reflect thechanges in society and the need of the members; 40

years ago, the concept of parental leave or of policies to counter harassment in the workforce were not discussed. And while equity between workers was written into pay scales, the concept of equal pay for equal work between work categories was not to be found until the turn of the 20th century; work that was mainly done by women was underpaid when compared to similar work done in fields where most workers were men.

But four events that have taken place this summer give us an idea of elements of the future of the labour movement; two involve unions, while the other two are taking place because of an alliance of employees, often the circumstance from which unions evolve.

In mid-August, Ontario’s Superior Court of Justice certified a class-action lawsuit against Uber that was brought forward by drivers and couriers that want to be recognized as employees. This has been an

ongoing legal battle over the last five years, Uber fighting tooth and nail to avoid responsibility for all the customary benefits that employees expect from their employer.

Uber has been kicked out of many jurisdictions because of its business practices and has been wiped out of most of Southeast Asia by Grab, a company that offers many of the same services but that has been willing to co-operate with the local actors and governments.

I would expect that if Uber’s drivers win their classaction lawsuit, unionizing for better conditions may well be their next step. A double-may, but it would have been unthinkable before the court’s decision. Precedent of a form already exists; home day-care workers in Québec, who provide 40% of child-care services and who are self-employed, have unionized and after a short strike in 2020 negotiated a collective agreement.

HELPING TO BUILD A BUSINESS

The employees of La Cordée, two outdoor sportsand recreation stores in Montréal, had been innegotiations for their first collective agreement fortwo years. During that time, the company went intoreceivership, the pandemic hit and the stores were

sold. They have just signed their first collectiveagreement. What makes this an interesting caseis that, while there was a small wage increase, theemployees were mainly interested in making surethat the equipment they were selling was of highquality and that they would have the use of it to growtheir expertise to help their customers.

Their collective agreement now includes clauses thatallow them to take unpaid time off to plan and takepart in outdoor activities with the material they sell,as well as a discount on the price or the possibilityof borrowing the required equipment. They alsoparticipate in a joint committee with management toconsider what new items should be sold.

There has been little turnover in staff in recent years,and their priority was to ensure the best service fortheir customers while working with the employer toachieve this. You get the union you deserve.

AGRICULTURE – A GROWTH AREA

The growth of greenhouse and vertical farmingopens the door for greater unionization in theindustrial farming sector. The employees of threeSagami-Savoura greenhouses voted to unionizein August. This is part of 13 greenhouses whereworkers in production, warehousing and packagingare unionized. What makes this more interestingis that most of the new union members come fromGuatemala and stay for a limited time in Canada;they have the same working conditions as Canadianworkers.

In mid-August, Ontario’s Superior Court of Justice certified a class-action lawsuit against Uber that was brought forward by drivers and couriers that want to be recognized as employees.

If you have any interest in electronic gaming, youmay have heard about what is happening withActivision Blizzard in California. The companyhas been sued by a California state agency overaccusations of sexual harassment and discrimination.At first, the company denied that there were anyissues. Employees revolted. The upper managementwent into crisis mode. Some heads rolled.

Activision hired famously anti-union consultantsto “investigate.” Employees signed letters to thecompany telling them to stuff it and made their owndemands. Five hundred employees staged a walkout,others working remotely did the same, and playerssupported them by logging-out of World of Warcraftin a co-ordinated fashion.

SEEKING FAIRNESS

More management heads have rolled. Workers atother gaming companies have been supporting theBlizzard employees, including 1,000 employees of

Ubisoft. The employees’ main demands are an end to mandatory arbitration clauses in their contracts, clauses that are beloved by some employers because they force the employee to work with an independent arbiter, paid by the employer, instead of before a judge and jury in cases of discrimination.

The employees also want to have access to the compensation records, to be able to fight for fair pay, and to be able to vet human resources and management staff. At this time, there are no discussions about unionizing, but unless Activision reacts positively to their employees’ demands, the sheer volume of complaints about racism, harassment, sexism and lack of pay equity means that could very well change.

Like the employees at La Cordée, Blizzard’s employee care about the quality of their work; however, they feel that they are victims of poor decisions of a management that protects harassers and racists, and that doesn’t pay employees fairly. At the very least, the employees have organized, stated their demands and are ready for more actions; the employer is now confronted by a proto-union.

Montréal, Toronto and Vancouver are all importantgaming centres. What is happening in Californiatoday will have repercussions on the gamingindustry on this side of the border.

40 years ago, the concept of parental leave or of policies to counter harassment in the workforce were not discussed.

GETTING THE UNION YOU DESERVE

You get the union you deserve; well-paid employeeswho toil in a workplace free of harassment anddiscrimination will have few reasons to unionizeor, when unionized, will have good labour relationswith their employer. Employers who pay poorly,discriminate and abuse their staff, will get theircomeuppance, sooner or later.

Heck, even Canada Post management has seenthe light.