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Union Padlocks a Union

Staffers up their tactics against BC teachers union.

Tom Sandborn 29 May 2007TheTyee.ca

Tom Sandborn is a regular contributor to The Tyee with a focus on labour and health care issues.

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'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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