News

Union Padlocks a Union

Staffers up their tactics against BC teachers union.

By Tom Sandborn, 29 May 2007, TheTyee.ca

jinnysims33

'Waiting': BCTF's Jinny Sims.

The labour dispute between the BC Teachers Federation and its unionized administrative staff escalated last week as picket lines sprung up, doors were padlocked, and an Asian airline's lawyer landed in the middle of the whole thing.

BCTF staffers began picketing outside offices of teachers' unions in Burnaby, Surrey, Prince George and in the Okanagan-Similkameen. And at BCTF headquarters in Vancouver, picketers upped their efforts by placing a chain and padlock on the building's front door.

The administrative staff, which is represented by the Communications, Energy and Paperworkers (CEP) local 464, has been locked out by the BCTF since May 2, although BCTF spokespeople insist the lockout was prompted by the administrative staff effectively conducting a strike inside the building.

CEP spokespeople insist that they were merely working to rule, a time-honored union practice, and condemn the decision to lock them out.

The issues

Unresolved issues cited by both parties to the dispute include a demand from the BCTF to remove some retirement benefits for future retirees from the contract and differences over pay rates.

The demand from the BCTF to change retirement benefits for new employees hired after this dispute is settled represents the most contentious issue in the strike, and CEP statements regularly characterize it as "contract stripping." The strikers angrily point out that they worked hard as BCTF staff to help the teachers' union fight contract stripping by the government, and question why their employer's objection to stripping has disappeared now.

BCTF spokespeople, on the other hand, point out that current employees will qualify for the disputed benefits (which mainly entail the BCTF paying premiums for extended medical benefits for retirees) and the cuts will only affect newly hired administrative staff, who will be hired knowing about the reductions in benefits negotiated in this round of contract discussions.

Besides, BCTF president Jinny Sims told the Tyee in a recent interview, "contract stripping" refers to contract changes imposed unilaterally by the government, not to changes negotiated in free collective bargaining.

Sims says the cost to her union of maintaining the previously negotiated benefits would be enormous, and the changes demanded are a fair adjustment to fiscal reality.

The CEP claims that the predictions of overwhelming costs being made by the BCTF are exaggerated.

Padlocks and lawyers

The padlocking of the BCTF-owned headquarters building near the Cambie Bridge in Vancouver not only sharpened rhetoric between leaders of the two unions, it triggered a meeting involving lawyers representing another tenant of the building.

Cathay Pacific Airways shares the building with the BCTF and other firms.

Although the closure of headquarters only lasted two hours, it led to an unusual meeting between the BCTF and CEP in the law offices of a firm that represents the interests of Cathay Pacific.

At that meeting, a lawyer representing the airline, according to CEP 464 president Anita Chapman, urged the BCTF to take the dispute to mediation, a move supported by the striking administrative workers but so far rejected by the BCTF.

Contacted at the airport just prior to boarding a plane to Nanaimo on May 25, BCTF president Jinny Sims confirmed that the meeting Chapman reported happened on May 24, but denied that Cathay Pacific had put any pressure on her union to take the dispute to mediation.

Jennifer Pearson, who speaks for Cathay Pacific, confirmed the meeting had been held, but declined to comment on what occurred, citing lawyer-client confidentiality. Repeated messages left with Gabe Somjen, the Vancouver lawyer who reportedly represented Cathay Pacific at the May 24 meeting, were not returned.

Sims: 'Nuisance picketing'

"What CEP did was outrageous," said Sims. "They chained and padlocked our building's front door, moved the dumpster and parked vehicles to block the rear entrance and created a health and security risk. We did meet with Cathay Pacific and CEP, but [Chapman's] account of that meeting is just inaccurate.

"Cathay Pacific demanded assurances from CEP that their offices wouldn't be shut down again and threatened retribution if they were," continued Sims. "They were concerned about the safety of their employees. The airline urged both parties to find a settlement any way we could, but they definitely didn't tell us to go to mediation."

Chapman denies that CEP actions created any health and security problems, and says her pickets carefully timed their action shutting down the BCTF building for a time when it was nearly empty and removed the contentious lock and chain from the door when asked to do so.

"Both the police and fire department came and checked out the situation," she told the Tyee, "and said it was OK. The lawyer and everyone else from Cathay Pacific were incredibly civilized. They didn't threaten us, and they did urge BCTF to resolve this issue through mediation."

Sims called the picket lines at offices of teachers organizations affiliated with the BCTF "nuisance picketing," arguing that the other offices were not work sites for the administrative workers. She insisted that her bargaining team could be back at the table with an hour's notice, and blamed earlier picket lines the CEP had put up at the West End hotel where Sims and her executive have set up a satellite office for the collapse of bargaining last week.

'At table, waiting'

"We are at the table waiting," Sims told the Tyee. "The last time we were across the table from the CEP team, they had their bags packed. We never left the table. They did. It is time to settle this through free collective bargaining. Let's get back to the table and negotiate."

Chapman, on the other hand, blames BCTF negotiators for leaving the table the last time they met to bargain on May 18, and insists the negotiating process has stalled. She says that a third party mediator is needed to move the two contending unions toward an agreement, and is scornful of the BCTF position that only "free collective bargaining" will lead to a solution.

"Having locked out its workers on May Day, the BCTF could well use an irony consultant. They are embarrassing the entire labour movement. We suggested binding arbitration but the BCTF refused. We suggested mediation but the BCTF has refused to consider that as an avenue toward settlement," she said.

Chapman told the Tyee the BCTF is accustomed to third party assistance in its own negotiations with government.

"The BCTF fully understands and appreciates the benefits of third parties. But why it refuses to avail itself of assistance in this ongoing dispute is mystifying and quite alarming," she said.

CEP: 'Third party could help'

The 40 workers represented by CEP provide administrative support for the BCTF, including five staff lawyers, one accountant, one media relations officer and other staff who work in areas like the Income Security Division, which provides teachers with pension advice and administers the Salary Indemnity program. They have been unionized, Chapman told the Tyee, since 1982, five years longer than B.C. teachers, and affiliated with the BC Federation of Labour longer than the BCTF.

This is the first time the CEP staff has been on strike or locked out in their long history with their union employer, Chapman said.

"This dispute has gone on far too long already," said Chapman. "It's hurting my members and it's hurting the BCTF. We have lots of rank and file CUPE members on our picket line, people who supported BCTF in its struggles with the government. We need to get this settled, and we believe a third party could help us do so."

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17  Comments:

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  • Chris H

    5 years ago

    I'm embarrassed.

    I'm embarrassed by the actions of the BCTF Executive and the CEP.

  • danneau

    5 years ago

    BCTF and CEP

    I have had medical and dental coverage removed from my pension (I taught in public schools for 30 years and was a member of the BCTF), but this doesn't mean that the Federation should immediately turn around and impose the same hardship on the CEP people it employs. Unions should be setting an example, and it should be understood that a union is a mutual aid society, not only in the search for better pay and working conditions, but as a model for concerted action to build a better society. Ideally, we would support complete medical/dental/vision/pharmaceutical care for all through progressive tax structures, but with that not being the case, unions need to lead the way.

  • dorothy

    5 years ago

    toxic brew

    As a member of the union which went through the experience of buying, 'of necessity', the two-tiered notion, then had to struggle to get rid of it again, I can say that two tiers, a union membership which is literally not in the same boat, is one of the most toxic and divisive situations you can have. There is not a more effective manner of bashing a union, it will do the job itself, from the inside. Shame on the BCTF for even proposing to go there.

  • dolphin

    5 years ago

    Fat Cat Contract

    The salaries and benefits of the BCTF's administrative staff are far in excess of what their colleagues receive--all of it paid from our dues, which are pretty steep. They need to take a reality pill. Why should they be receiving a principal's level salary for what they do?
    Kudos to Simms for standing up to them.

  • readerboy

    4 years ago

    BCTF needs a new approach

    The BCTF needs a new approach to staffing its operations. The current situation is too expensive given the real priorities of the teachers in BC.

    If the BCTF were to offer its staff positions to teachers for the same salary and benefits they now receive, and maintain their local union affiliation, the Federation could stop the hemorrhage of money needed to support the current benefit package.

  • murdock

    4 years ago

    further signs of collapse

    "Organizational Slack"

    The large numbers of professional managers and administrators also had the drawback of tending to "capture" the firm and operate it in their own interest rather than those of the shareholders. It was not uncommon in the industrial era, for example, to find firms spending lavishly on office furnishings, club memberships, and other perks that could be enjoyed by management but that might not have generated a direct return to investors. In a complicated business, it was impossible to easily monitor from the outside which overhead expenditures were essantial and which were indulgences for the employees. It was also difficult to prevent a sometimes considerable fraction of corporate employees from shirking. The fact that it was technologically difficult to monitor performance amde a large middle management necessary, and at the same time made it difficult to monitor the monitors.

    Quote:
    Whether you produce results or not, the pay is the same.
    Whether you work hard or not, the pay is the same.
    Whether you care or not, the pay is the same.

    --Chris Dray

    "That's Not My Job"

    As an entity aspring to permanence, the large industrial firm had the drawback ... of being exposed to shakedowns by labour unions. It also shared some of the characteristics of bureaucracy seen in a more exaggerated form in government offices. Orders flowed from on high. Tasks were stereotyped and compartmentalized. These tasks were often rigidly defined. Boundaries emerged among job categories, akin to those enforced by the cartels regulating the learned professions.

    Quote:
    In a market, you don't do something because somebody tells you to or because it is listed on page thirty of the strategic plan. A market has no job boundaries .... There are no orders, no translation of signals from on high, no one sorting out the work into parcels. In a market one has customers, and the relationship between a supplier and a customer is fundamentally nonorganizational, because it is between two independant entities.

    --William Bridges

    ::all of the above from pp. 233-234 The Sovereign Individual::

    to be continued ...

  • murdock

    4 years ago

    all seen before

    continued:

    Just as, in the 1930's, we saw unions grow, so now will we see unions collapse.

    We are witnessing, with the conflict between the teachers and their union is a further tightening up of 'slack' to the point of no-slack left behind, a needed action for most corporations (like it or not the Teachers Union is being run like a corporation! they have to make the $$$ work for them and the best method is the corporate one).

    The Teachers are loosing their 'slack', from the government that is employing them, so now they too are killing the 'slack' of their employees. Since both are 'unionized' (I still argue that the teaching PROFESSION, cannot be unionized as such compartmentalization is dangerous to the work a real teacher needs to do) the are both having to step all over their professed 'values'. Hypocracy at its finest!

    Efficiency in all things will be, increasingly, the rule of the day.

    Not only will we go to a marketplace for our teachers, so too will those teachers have to go to a marketplace to get their 'administration functions' done.

    This is part of the reality of the 'information age'.

    another note would be:

    * Many members of learned professions will be displaced by interactive information-retrieval systems (just ask teacher-librarians!)

  • francofille

    4 years ago

    Labour Dispute

    This is what bargaining is about and sometimes it's nasty - but at least it's democratic. As a BCTF member I support my Executive - the CEP employees' benefits and salary are completely above and beyond what a classroom teacher makes. That doesn't mean our employees should not be fairly renumerated, but as they (except for the lawyers) are mostly former teachers, it is time to create parity between themselves and us - policies that members have been advocating for at AGMs since the 1990s.

  • Davey-boy

    4 years ago

    It's all so damned simple, really.

    Most of the traditional generalizations about teachers are false, but here's a generalization that's true: teachers are wimps.

    Perhaps it would be nicer to say they are averse to conflict. I have seen this aversion on both the large scale (not taking strike action, or accepting a ridiculous deal after two short weeks of action) and the small scale (conflicts with administrators, students or parents etc).

    Think about it: the unionized BCTF staff knows what collossal wimps their adversaies are. Who can blame them for being so damn greedy.

    Heck, their strategy will probably work, and the BCTF will cave.

  • Black

    4 years ago

    More detail required

    This is a very interesting and difficult problem. I am a teacher and I was at first appalled by what I read in the faxes being sent to schools across BC by the CEP.

    I have since learned more about the BCTF position and I find myself annoyed at the constant assault of CEP complaints. By contrast, the BCTF circulars have been much more measured.

    This article could have been much more helpful if the reporter had described in more detail the nature of the jobs undertaken by the 40 CEP staff, their remuneration and benefits, their retirement bonus, their hours of work, etc. What percent of the BCTF budget goes to CEP salaries and benefits, and how many CEP employees are there? Are the BCTF concerns misguided?

    While our strike was on last year, did the CEP staff (mostly teachers, as I understand it) go without their salaries? What about the time in lieu granted during the strike?

    Also of importance is the question of how such a contract was agreed to in the first place. I am not sure why CEP members should get better retirement benefits than the teachers who pay for them.

  • kirk

    4 years ago

    Can the CEP picket at schools?

    Does anyone know if the CEP could apply pressure by legally setting up picket lines at schools?

  • matelo

    4 years ago

    Sad but inevitable

    Although this situation is sad, it was also inevitable. The CEP local was formerly the Adminstrative Staff Union. That name is not without signifigance. For before 1982 the BCTF was primarily controlled and dominated by school-based administrators ( principals and vice-principals , who Vander Zalm subsequently removed from the union ) until Teachers Viewpoint managed to wrest control. But before the glorious policy practices of remuneration and benefits could be dealt with for the adminstrative staff, they unionized and got their still-in-power buddies on the BCTF Executive to put into a collective agreement what they were getting throught practice. These fabulous benefits and salaries were never 'won', they were 'given'.

    Now it is up to the CEP to try to win for the first time the benefits they have enjoyed for a long time. Good luck. It's going to be a long summer for them until they cave in....Realiity will eventully come home to roost. No one even notices the BCTF is out ( unless they are trying to get onto salary indemnity - in our local we are carrying the people with union loans until the strike is over - and it will end , one day....).

    So... sad... but inevitable.

  • Adamwest

    4 years ago

    Sounds like these two

    Sounds like these two deserve each other. Certainly the BCTF has used its share of questionabl tactics in the past, including shutting down the entire system illegally for two weeks.

  • Working Man

    4 years ago

    So, Jinny....

    "contract stripping" refers to contract changes imposed unilaterally by the government, not to changes negotiated in free collective bargaining."

    Why don't we clarify exactly what that means, Jinny? Interesting how she attempts to lay the blame on the people she recently signed a contract with, ie the government.

    "We are at the table waiting," Sims told the Tyee. "The last time we were across the table from the CEP team, they had their bags packed"

    This from a union that has only had one negoiated settlement in the last 20 years and that with the anti-Christ Campbell government

    "The BCTF fully understands and appreciates the benefits of third parties."

    Oh the irony.

    "Sims says the cost to her union of maintaining the previously negotiated benefits would be enormous"

    I wonder what Jinny would say if the shoe were on the other foot? We'd have another round of TV spots telling us about "how teachers care."

  • spedteacher

    4 years ago

    Agreement in-committee

    An agreement in-committe has been reached :-)

  • SharingIsGood

    4 years ago

    now before the CEP membership

    It is my understanding that the issue as bargained, has now gone to the CEP membership for ratification.

  • Davey-boy

    4 years ago

    We are buffoons, of course.

    Teachers will always take a lousy deal. Can you smell it?

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