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Photo: Jonah Gindin

Photo: Jonah Gindin

Play offence or defence? That is the question facing unions during this economic crisis.

By Sarah Ryan
Briarpatch Magazine
November/December 2009

Being a bike courier was the first job Mark Hayward had that he not only liked, but loved. But times are tough: if he were offered a better job tomorrow, he’d be gone.

“For the first time ever, work was so slow, couriers were complaining they didn’t have enough money for food,” says Hayward. He sees joining a union as one answer to these tough times. As a result, he has been helping with the Canadian Union of Postal Workers (CUPW) campaign to unionize bike and car couriers in Toronto.

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By Dawn Paley
Briarpatch Magazine
November 2008

Canada is very close to jumping into bed with one of the worst human rights violators in the hemisphere, and almost no one seems to have noticed. Negotiations for the Canada-Colombia Free Trade Agreement were concluded on June 7, 2008. Ex-foreign affairs minister David Emerson made the announcement unexpectedly, on a Saturday, even before the Standing Committee on International Trade had finished deliberating as to its merits. Talk about a shotgun wedding.

The hasty marriage is part of Canada’s “renewed engagement” in the Americas under the direction of the Harper Conservatives. The agreement with Colombia has elicited criticism from diverse sectors in both countries. Though the agreement’s details have not yet been made public, it will likely mirror Canada’s recent deal with Peru, which contains investment protection guarantees for Canadian corporations operating in Peru as well as lower tariffs for Peruvian exporters. The Canada-Colombia deal is currently delayed by the Canadian election.

Labour groups in Colombia see the deal as a serious blow to Colombia’s economic prospects. Colombia’s economy will improve only after a strong internal market has been developed in which Colombian needs are met by Colombian products, says Gustavo Triana, vice-president of the Central Union of Workers (CUT), one of Colombia’s largest unions.

“The increased arrival of food and products from other countries because of free trade agreements increases unemployment, hurts our economy and lessens our quality of life,” Triana told Briarpatch from Bogotá.

The federal government’s Standing Committee on International Trade published a report on the deal a week after negotiations ended. The report included eight recommendations, the second of which “recommends that the Government of Canada maintain close ties with Colombia without signing a free trade agreement” until major advances are made in Colombia’s handling of human rights, labour rights and the environment. The Conservatives, however, distanced themselves from the report, which was endorsed by the other parties. Though Stéphane Dion has recently voiced his opposition to the Canada-Colombia Free Trade Agreement, it is unknown how the Liberals will react if the agreement is tabled and the legislation brought to a vote.

South of the border, George W. Bush and the Republicans have pushed unsuccessfully for a free trade pact with Colombia. On April 10, 2008, Bush submitted a proposal to Congress but the Democrats wouldn’t co-operate, in part because of pressure from the American labour movement, which demands reductions in labour rights violations and an end to the assassinations of Colombian trade unionists.

Enter the Canada-Colombia Free Trade Agreement, just in time to breathe new life into the stalled U.S.-Colombia deal. As University of Toronto professor John Kirton told Bloomberg in May, the eventual signing of a Canada-Colombia Free Trade Agreement “will give aid and comfort to all the liberalizing forces within the United States who are instantly going to notice it and say ‘if the Canadians are doing Colombia, why can’t we?’”

In Colombia, organizing can be deadly

Canadians concerned about respect for human rights have good reason to oppose a trade deal with Colombia. Human Rights Watch characterizes Colombia as the country with the “worst human rights and humanitarian situation in the region, with many serious problems, including massive internal displacement, killings, and enforced disappearances.”

After three years of collecting and analyzing evidence in Colombia, the Permanent Peoples’ Tribunal - an international organization descended from the International War Crimes Tribunal founded by Bertrand Russell and Jean-Paul Sartre in 1966 - announced its verdict on the complicity and sometimes active participation of multinational corporations in human rights abuses in Colombia. The tribunal found that the country’s union movement has been the victim of “genocidal practices” including massacres of union members and a concerted attempt to “liquidate” Colombian trade union members.

The result has been a precipitous decline in union membership. According to the union’s president, Tarisco Mora, the CUT had 1.5 million members at its founding, a number that has since fallen to 460,000 due to legal challenges to unionization and violence against union members.

This violence has been both widespread and systematic. According to Colombia’s National Trade Union School, there have been 2,245 killings, 3,400 threats and 138 forced disappearances of trade unionists over the 15-year period between January 1991 and December 2006.

Consequently, trade union members represent only a fraction of working Colombians. Triana notes, “It’s important to understand that there is a complete disregard for labour law in Colombia, and the vast majority of workers - around 80 per cent - work on informal contracts and have no right to unionize.”

A September 15th strike exemplifies the problem. Striking sugar cane cutters and plant workers in southern Colombia - workers who are not unionized, but who are supported by the CUT - were attacked by Colombian National Police’s Mobile Anti-Disturbance Squad (ESMAD). More than 33 workers were wounded. Radio and TV stations broadcast messages on behalf of plant owners stating: “striking won’t bring solutions, it will only bring unemployment” and “don’t allow your husbands to participate.”

The number of union members killed in 2007 dipped slightly, but according to the National Trade Union School, “the lessening of the deaths and the increased protection of union members in Colombia has converted itself to a political strategy for the discussion of Free Trade Agreements, and is not about sincere concern for the defence of life and the rights of workers.” Indeed, Colombian unionists fear that once free trade deals are signed, the crackdowns will reintensify. From January to September 2008, 41 Colombian unionists were murdered.

These crimes are often committed with impunity, a point that Maria McFarland Sánchez-Moreno, a senior researcher with Human Rights Watch, raised in her testimony before the Standing Committee on Foreign Affairs and International Trade in June: “the rate of convictions for unionist killings has been consistently low, all the way through 2006: there were nine convictions in 2003, 11 in 2004, nine in 2005 and 11 in 2006.”

In 2007, that number spiked to 43 convictions, mostly “due to pressure from the United States Congress in connection with the U.S.-Colombia Free Trade Agreement,” Sánchez-Moreno testified. “But once the pressure is lifted, the administration of President Álvaro Uribe will lose its main motivation for supporting the investigations.” Sánchez-Moreno urged Canadian lawmakers not to enter into a trade agreement with Colombia.

Decades of labour solidarity

Co-operation between Canadian and Colombian unions goes back at least 20 years. According to the Canadian Labour Congress’s Sheila Katz, “Colombia has, for at least two decades, been the focus of trade union solidarity because the Colombian labour movement has been the target of right-wing violence generated by the ruling class and its allies in government.” The CLC has produced research on human rights abuses in Colombia, launched letter-writing campaigns and organized protests in Canada, and assisted Colombian trade unionists with complaints before the International Labour Organization.

The CLC and the New Democratic Party have been two of the main organizations campaigning against the Canada-Colombia Free Trade Agreement, though their campaign has not yet gained momentum outside of the union sector. One of the key thrusts of union campaigning so far is drawing attention to what the NDP has dubbed a “kill a trade unionist, pay a fine” clause to be included in the agreement. The proviso would require the Colombian government to pay a token monetary sum into a “co-operation fund” administered by the Colombian government whenever a union leader is murdered - a policy that critics decry as a normalization of such assassinations.

As part of a CLC-supported fact-finding mission, leaders from Canada’s four major federal public-sector unions - CUPE, CUPW, PSAC and NUPGE - visited Colombia in July of 2008. At the end of their trip, the union leaders released a statement that read, “Our overwhelming conclusion is that a free trade agreement will not help the Colombian people. It will only exacerbate an already horrifying list of human and labour rights abuses that are shocking the world.” There was no mainstream media coverage in Canada of their tour.

Free trade agreements in the U.S. and Canada

In the United States, the push for a free trade agreement with Colombia is a contentious issue. Opposition comes mainly from unions and a diverse coalition of citizen-based groups that oppose such a deal.

“Not one labour, environmental or faith organization supports the Free Trade Agreement with Colombia,” says Andrew Gussert, national director of the Citizens Trade Campaign, a coalition of labour, environmental, religious, family farm, and consumer organizations in the U.S., representing more than 14 million people.

“When a member of Congress gets a call from a steelworker, a teamster, the head of the local Sierra Club, a priest, and the head of a local farmer’s union who disagree with the FTA, it has an impact,” Gussert told Briarpatch. Gussert points out that similar pressure urgently needs to be applied in Canada if the Canadian deal is to be stopped.

Continued opposition from the largest labour groups in the U.S., supported by many other sectors of American society, has kept the pressure on Congress to maintain its opposition to an agreement. Democratic House Speaker Nancy Pelosi reiterated the lack of support for the agreement in Congress on June 29: “There is widespread concern in Congress about the level of violence in Colombia, the impunity, the lack of investigations and prosecutions, and the role of the paramilitary. Issues of this nature cannot solely be resolved through language in a trade agreement. . . . Consequently, we cannot support the Colombia FTA at this time.”

In Canada, the issue is not nearly as contentious. When asked how the CLC would campaign on the issue through the election period, Katz responded, “The Colombia trade deal per se is probably not going to be a major issue in the election. But we are trying to get some of the leaders to mention it in their speeches and of course get questions fed into all-candidates meetings.”

Gustavo Triana of the CUT plainly states his opposition to the deal: “Free trade agreements are not good for people.” Whether this sentiment is held widely enough to keep the Canada-Colombia deal from being implemented remains to be seen.

Dawn Paley is a contributing editor with The Dominion, and is based in Vancouver.

See also: “Liliany Obando: Profile of a jailed Colombian dissident.”

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Illustration by Trevor Waurechen

By Erinn White & Dayn Gray
Briarpatch Magazine
November 2008

You arrive at an annual meeting with other union members from your industry. It includes representatives from every university in Ontario that has a Canadian Union of Public Employees (CUPE) presence. They hand you a name tag and two drink tickets, and escort you to a room with no chairs. There are no prepared documents. There’s no agenda. Your job, along with the other hundred front-line members of the Ontario University Workers Coordinating Committee (OUWCC), is to set priorities for the sector for the next three years, to tackle obstacles to that work, and to look for concrete ways to build the group’s capacity.

No small feat, but this particular group seems to have pulled it off at their meeting in February.

The Ontario University Workers Coordinating Committee steers a voluntary association of CUPE locals totalling more than 20,000 members working in the university sector. The committee’s activities include coordinating university bargaining and province-wide campaigns, political action on university issues, and facilitating information sharing between locals. It is made up of elected representatives from each campus as well as staff support and representatives from constituency groups.

The group used a facilitation process called “The Art of Hosting.” The process relies on conversations rather than structured agendas, allows participants to identify key issues of interest or concern, and emphasizes relationship building as part of the work. It’s a process that invites diverse perspectives and outside-the-box thinking. Teams of CUPE staff and members who have been trained in the method hosted the meeting.

“People realized very quickly that they had complete control over where it was going to end, and the power to identify the issues they see as important,” says Dave Michor, the national union staff person who supports the work of the Ontario University Workers Coordinating Committee. The Art of Hosting “gave people the opportunity to talk about issues, target methods of finding solutions or developing an action to help them find the solution.”

What flowed from that planning conference in February 2008 set the course for CUPE Ontario’s university sector until 2010. The OUWCC is working to develop the capacity of every local and to increase their strength at the bargaining table.

What the OUWCC is proving is that taking risks and thinking big are powerful ways to organize from the bottom up - relying on the expertise and strengths of rank-and-file members. These members are developing their own skills and abilities as labour leaders. Maybe more importantly, they are seeing the results of working together towards common goals.

The OUWCC is one of five industry-based sectors in CUPE - its others are municipalities, hospitals, school boards and social services. Each has an elected leadership charged with the task of improving working conditions and building better public services. The leaders of the OUWCC have been talking about coordinating their bargaining for ten years in the belief that combining their efforts would give them stronger bargaining positions than going it alone. Although the goal has been clear for a long time, transforming it into action has been a slow process. Weighed against the possibility of failure is the possibility that members will embrace the project and move forward with new energy.

Illustration by Trevor Waurechen

Eggheads and scrambled brains

CUPE’s university sector has about 23,000 members. They do every job on campus from teaching courses to washing floors and fixing the plumbing. The two branches of the union affectionately refer to one another as “eggheads” (the academic workers) and “scrambled brains” (the tradespeople and support staff).

The diversity within the sector is a strength and a challenge. Fifty-five per cent of members are academic workers - teaching assistants and sessional faculty. The other 45 per cent are support workers. Bringing so many different classifications of members together and meeting their needs is ambitious, to say the least.

The leaders of the OUWCC know that using The Art of Hosting, a process that’s entirely directed by members, is a huge risk. “It’s a process of self-awareness and self-development, and it can very quickly fall flat. If there’s no buy-in, it will fall flat. We had a serious concern about that. We thought that academic workers might be intrigued by that challenge, but 45 per cent of the members have a more traditional local structure, and could have said they didn’t want to participate,” says Michor.

Action plans developed by the steering committee are sent back to individual member locals for approval - and so far, there’s been widespread buy-in. Each campus has a representative participating in the planning process, helping members see their personal issues addressed in the action plan. Priorities like wages, health and safety and protections against violence in the workplace were among those chosen this year as target areas for locals to negotiate improvements.

The great divide

A number of years ago, the geographic separation of university workers posed a challenge for organizing the sector. It was hard to provide members from all across Ontario with meaningful opportunities to communicate. Increasingly, though, members are making effective use of technology to stay connected. Regular conference calls, email lists, and social media like Facebook have helped shrink the province and keep everyone informed and connected.

Trying to deal with geographic challenges has always been difficult for unions in Canada. But the OUWCC has seemingly found a balance between centralization and the silo effect that plagues many other labour movement organizations. That’s why involving and motivating rank-and-file members is so important to the OUWCC. Membership in OUWCC is voluntary - locals choose whether or not to belong and contribute a voluntary levy to financially support the group’s work. Currently, 92 per cent of university locals have chosen to affiliate themselves with the group and its goal of provincially coordinated bargaining by 2010.

CUPE’s structure is based on the concept of local autonomy, where locals are given space within the larger organization to develop their own cultures and priorities and to negotiate their own collective agreements. Coordinating over 20 different locals within that environment has obviously been challenging. But the high rate of affiliation shows that it’s possible to work alongside and within existing structures to organize for concrete improvements to both the working conditions of members and the learning conditions of students.

Common issues

OUWCC members have common work environments - a link to each other that helps to make coordinated bargaining practical. Coordinated bargaining can take many forms - some unions have a common bargaining table. In this case, the OUWCC chooses to identify target issues, and locals can tailor their approaches to best meet their needs.

The OUWCC hopes that their pooled efforts will convince the government that the trend of funding cuts for universities needs to change. Their workplace conditions are also dependent on how much public funding is put into the system. The funding to universities, like most public institutions, is controlled by the provincial government.

“The shift toward neo-liberal public policies and the reorganization of government apparatuses has had major effects on working conditions across the province - indeed, throughout the country. In every sector it’s reduced the quality of public services,” says Dan Crow, the university sector’s vice-chair.

This is most immediately visible on campuses in the forms of increased tuition fees and growing debt for students, deferred building maintenance, contracting out of “non-core” functions such as food services and research, and the casualization of work. These changes have had major negative effects on the overall quality of education at Ontario’s universities.

Meanwhile, for non-academic and support workers, job security is taking a hit. Fewer new workers are hired to replace those who retire, which both increases workloads and allows universities to contract out services.

“Universities have the ability to threaten further contracting out and restructuring as a means to pressure locals on campuses to accept concessions in bargaining,” says Crow.

For academic workers, the results of underfunding are largely the same. As faculty members retire, universities are replacing them with sessional instructors who work on a contract basis. Sessionals do much of the same work as faculty: lecturing, marking, meeting with students, running seminars and preparing materials. For this, they receive a fraction of what their counterparts on faculty receive.

“This is forcing sessionals to piece together short-term work across departments and often across universities. For sessionals, job security is virtually non-existent,” says Crow. “Coordinating our bargaining efforts across the province is the key to reversing this trend. The Ontario government needs to put resources toward making our working and learning environments work for us again.”

Coalition building is becoming central to this union campaign. For a labour movement that can no longer afford to address its issues in isolation, part of the group’s strength is working with community partners and student groups. Compelling the government to act is a difficult task for any one union or community group to achieve on its own. Raising public awareness is one way to put pressure on the government to increase funding for universities and reverse the privatization trend.

Members’ voices, members’ power

Members say that one of the best things about being a part of the OUWCC is the new energy and empowerment that it gives to activists. These activists are tradespeople, support workers and teachers. As part of the committee, they sit on working groups, direct and implement campaigns and run province-wide outreach tours of campuses.

Lianne Dubreuil, support staff at Carleton University in Ottawa, speaks of the personal change she has experienced since becoming involved in 2007. When she thinks about the goal of coordinated bargaining, she says: “It’s really exciting, but it’s really scary. I have to learn how to motivate my executive and membership. We’re on the cusp of a history-making moment. It’s challenging, but I feel proud, and honoured, to be a part of it.”

“Gaining knowledge is a key reason for doing this. When we coordinate our bargaining, we’re banding together. The issues that are important to us on our campus are important on all campuses. It empowers all of us,” Dubreuil adds.

Promoting coordinated bargaining - where various locals negotiate on common timelines and focus on a fixed set of priority issues - is important to the OUWCC’s success. But it isn’t an automatic sell. Across the province, there are some significant disparities between collective agreements. Graduate teaching assistants at Brock University, for instance, are paid a considerably lower rate than those at larger comprehensive schools.

Where locals have managed to negotiate strong collective agreements, coordination has been less attractive to members because it’s more difficult to see what they can gain from their participation. But in true social-unionist style (and thanks to the hard work of both the eggheads and scrambled brains), almost every local has seen the advantages of coordinating efforts.

Long road to go

The group of activist members that make up this sector know that they’re making progress, but there’s still much more work to be done. Choosing central issues that matter to members is key to getting buy-in, especially from members who have felt disempowered by traditional representative structures of trade unions. The OUWCC knows that they have an uphill struggle to convince individuals that it’s worthwhile.

“There’s somebody reporting to the locals, so people are starting to understand why coordination is an advantage,” says Ajamu Nangwaya, an OUWCC member. “But there’s still a lot of work to do involving membership at our base level.”

Building solidarity among members who aren’t a part of the steering committee or working groups is a goal that the OUWCC will have to keep squarely in their sights if they’re going to succeed, Nangwaya adds.

In the long term, empowering individual members and locals and democratizing union structures engenders higher expectations for working conditions and a better connection to fellow workers and communities. The OUWCC is about building working-class power. Through coordination and solidarity, workers aim to win gains at the bargaining table. Whether or not they succeed in doing so, the time and effort invested in developing the capacity of activists, union locals and communities will undoubtedly produce dividends in the future.

Erinn White is a co-producer of the Labour Show on the rabble.ca podcast network. She’s also a member of the OUWCC steering committee and an active member of the Guelph and District Labour Council. Dayn Gray is a health and safety activist and a member of the OUWCC steering committee. He currently works as a union organizer.

John Peters is a political scientist at Laurentian University in Sudbury, Ontario. He is currently studying the impacts of globalization on labour movements and public policy in North America and Western Europe.

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By John Peters
Briarpatch Magazine
November 2008

Standing in a crowd of a few thousand auto workers, their families, and union and community allies rallying outside General Motors’ Oshawa truck plant in June, I couldn’t help but think, “Way too little. Way too ineffective. Probably way too late.”

In my more pessimistic moments, I wonder if this isn’t true of the situation facing the labour movement as a whole. Canadian labour leaders and activists will need to be proactive and creative in the coming months and years if they hope to avoid the fate of those Oshawa auto workers.

The auto workers’ rally followed a valiant two-week blockade by CAW Local 222 of the automaker’s head office after GM announced the plant would close, putting 2,600 people out of work. Local union leaders speaking at the rally railed against their double-crossing employer, which just two weeks before had inked a new contract that included wage, benefit and other concessions from the CAW on the promise of new investment in the Oshawa plant.

But despite much tough talk and the well-publicized rally, the union was never able to make the blockade anything more than symbolic. A court injunction filed by GM ended it, and the ordeal left the majority of workers frustrated, bitter, and angry - hardly results that anyone in the labour movement could spin as positive.

Lacking the militancy that empowered auto workers in the past, and now with an all-too-often compliant relationship with employers - in addition to far too few organizing gains in an increasingly non-unionized auto sector - the CAW has lost much of its ability to maintain industry wage standards and has forfeited a good deal of its clout with the big three auto employers; Ford, GM, and Chrysler.

What CAW members are learning the hard way is that their recent embrace of concessions, labour-management co-operation, and political lobbying for subsidies and competitive business supports does not add up to a winning approach for working people.

The CAW’s troubles, though, are only symptoms of much bigger problems for organized labour. Throughout North American and Western European labour movements today, unions face an ever-growing list of challenges, from increasing financial globalization and industrial competition, to ever more frequent lay offs in unionized manufacturing, to the expansion of low-wage, non-standard, non-unionized jobs. Unfortunately, the outcome is always the same: organized labour loses the battle. Now, the movement is in serious retreat.

Even if there are small victories - and there are some - unions in Canada and abroad have given up many of their best means for protecting workers. Organizing - the hard work of bringing the benefits of unionization to unrepresented workers - has fallen off the map. Militancy is more often than not spoken of as ancient history. Partnership deals with employers are now regularly sold to members as the only solution. Too often, unions are now using concessions as the default position in their efforts to keep companies from closing workplaces entirely.

As a result, workers perpetually find themselves on the losing end of an economic conflict that sees business reap record profits in boom times while workers feel the pain in times of crisis.

Many things will have to change. But the basic facts are clear: unless unions tack in a different direction and begin making changes to everything - how they organize to the focus of their education programs to how they mobilize politically - rolling defeats like the one in Oshawa will continue to lay the groundwork for even greater losses in the future.

How bad is it?

How bad is it? For unions and working people here in Canada, pretty bad. It’s even worse in countries like the United States and Great Britain. Over the past 30 years, the rise of global finance and the spread of shareholder capitalism into ever larger transnational corporations has forced labour into retreat.

Twenty years ago, business used to finance itself from commercial bank loans. Now with governments reforming financial and corporate governance systems, business has taken the bulk of its financing from bond and stock markets - the new “shareholders” in global capitalism.

The results have been disastrous. Focused on driving down costs and maximizing the flow of profits to stockholders, multinational corporations have sought to put the brakes on labour rights, and to push back any and all gains labour made in the post-war period.

International operations like General Motors have used debt to finance takeovers the world over, and then engaged in massive cost-cutting through shutting plants, laying off workers, and cutting wages, all the while opening more non-union operations in cheaper regions around the globe.

Other multinationals such as Mittal Steel, the world’s largest steelmaker, under pressure to meet market expectations for better profits and burdened with heavy financial obligations because of their thirst for global mergers and acquisitions, have sought to restrict union organizing and strikes in many countries or sought to bypass unions altogether, using lay offs, short-term contracts and outsourcing to maximize profit.

Unions have not been able to put up much of a fight. If weighted for size of the workforce across North America and Western Europe, union coverage of workers has declined from some 33 per cent of the workforce in the early 1980s to less than 21 per cent today.

In the U.S. and the U.K., the numbers are even more abysmal. American unions lost more than nine million members over the past 30 years, with union density slipping to 12.5 per cent overall and a measly 7.4 per cent in the private sector. In the U.K., meanwhile, unions saw their numbers decline by over six million and union density fall by almost half to 29 per cent over the past 25 years. In both countries organizing is at a standstill, with certification of new workers at less than 20 per cent of the number required even for unions to maintain their current numbers.

In Canada, while officially unions do not appear to be in a similar crisis, the situation is far from rosy. The loss of hundreds of thousands of unionized manufacturing jobs, along with manufacturing restructuring, lay offs and outsourcing, has driven private-sector union density over the past few years to Depression-era lows of 15 per cent - less than half of the 34 per cent reached in the early 1970s.

In auto manufacturing, primary metals, forestry, and textiles, plant closures and workforce reductions have ravaged unionized workplaces. In Ontario, the manufacturing sector eliminated 32,000 jobs this past July alone. Since November 2002, a total of 375,000 manufacturing jobs have disappeared, the majority in unionized manufacturing.

If not for organized labour’s public-sector expansion in Ontario, Quebec, Alberta and British Columbia, the prospects for organized labour in Canada would appear even more dismal, as unionized jobs in education, health, and social services jobs accounted for close to 70 per cent of all growth in the unionized workforce over the past decade.

Unsurprisingly, as organized labour has lost ground, working people have seen their economic fortunes decline as well. Today in Canada, 51 per cent of workers are either in non-standard jobs or in low-paid full-time jobs.

The majority of immigrants today earn less than a third of what most white workers make, and most Statistics Canada estimates of “low income” status (i.e. serious poverty and really bad jobs) for recent immigrants exceed 40 per cent. Young workers face similar obstacles. In 2005 in Ontario, for instance, 94 per cent of all jobs for workers between the age of 15 and 24 paid less than $20,000 annually and 90 per cent of jobs for young workers were part-time, temporary, or non-standard.

Schooled by the public sector

What has organized labour in Canada done to stem these reversals? In the public sector, quite a bit. Throughout much of the private sector, not nearly enough.

Selectively using strikes to win and preserve principles essential to their collective agreements, some public-sector unions have galvanized their memberships to engage in widespread public advocacy for better public services, community-sustaining public-sector jobs, and publicly accountable management. In doing so, they have often garnered broad public support.

Last fall, for instance, city workers in Vancouver rejected contracting-out and refused to back down on demands for pay equity. Five thousand CUPE-represented workers went out on strike for three months and avoided major concessions.

Similarly, in 2004, after the Campbell government ripped up collective agreements and contracted out work, the B.C. Hospital Employees’ Union (HEU - a division of CUPE) launched a week-long strike with over 40,000 health care workers. Supported by many other trade unions, they too used a strike to garner wide support and then challenged the Campbell government in court - and recently won. Indeed, nurses across the country have also regularly used strikes, both legal and illegal, to protect jobs, wages, and working conditions.

In the face of these attempts, governments have legislated public-sector unions back to work, frozen wages, forced workers to accept privatization of public infrastructure and public jobs and arbitrarily extended contracts. Provincial governments from Newfoundland to B.C. have also threatened public-sector unions with further draconian actions such as essential service legislation that removes the right to strike and bills like B.C.’s Bill 29 and Saskatchewan’s Bill 5 that removed the right to unionize for thousands of workers.

Yet the numbers suggest that such public-sector workers have been better able to fight back than have unions in the private sector.

Sticking to a form of unionism that combines militancy with bargaining, and public advocacy with member education and mobilization, public-sector unions have been able to stave off concessions and in many cases make steady gains. Public-sector unions have also continued to work with a host of community groups to advocate against the privatization of services from health care to water, social work to pension financing - something that most private-sector unions are not doing.

Many such public campaigns, as in Hamilton, Edmonton, and Nova Scotia, have even reversed earlier privatizations of water utilities, recreation facilities and schools. Meanwhile, in Montreal on May 3, 50,000 workers came out in protest of planned further privatizations of Quebec health care.

Moreover, this past spring, a recent Supreme Court ruling on the legal challenge launched by the HEU declared that provincial governments do not have the right to exclude workers - like those in health and community social services - from constitutionally protected rights to freedom of association and to form unions, and ordered the provincial government in B.C. to pay $75 million for compensation and retraining.

By holding to traditional tactics like strikes, mobilization and advocacy, a number of public-sector unions have protected and improved wages and working conditions. In health care, long-term care, and nursing, many provincial public-sector unions have gone even further, using coordinated and centralized styles of bargaining to lift all members to the best level possible.

By way of contrast, the gains won by private-sector unions have been smaller. Few have systematically combined organizing, militancy and effective public advocacy in order to win concrete victories.

A good example of effective private-sector union activism has been the United Food and Commercial Workers’ decade-long fight to improve the conditions of foreign agricultural workers, most notably in southern Ontario. Through a court challenge on the constitutional right of farm workers to unionize and the founding of migrant worker support centres as well as provincial advocacy, the UFCW has forced industrial farmers to provide basic necessities like clean water and bathrooms. The union has had some success in making the Canadian, Mexican, and various provincial governments uphold the bare minimum of standards, and has recently launched organizing drives on four farms. Just this past June the first contract for 14 migrant agricultural workers was certified in Manitoba.

But for all the UFCW’s efforts, though, foreign agricultural workers in Ontario still only have the right to “associate” - not unionize - and across Canada, agricultural workers are still exploited with impunity. Many face daily threats of firing and deportation, while working on farms that do not extend even the basic provision of drinkable water and adequate shelter. But major improvements in the situation of migrant farm workers in Canada will require both renewed energy by the UFCW and a strategy of broad coalition building across and beyond the labour movement.

The same is true for the growing thousands of low-paid workers in precarious employment. In Toronto, some of the largest public- and private-sector locals in Toronto have chipped in to support a Workers’ Centre geared to helping and educating workers about their rights at work. Led by one of the toughest, streetwise organizers around - Deena Ladd, a one-time UNITE organizer and long-time community activist - the centre has had some success not only in mobilizing workers to bring bad employers to heel, but also in bringing much-needed media attention to the extent to which low wages and poor working conditions are prevalent throughout the greater Toronto area.

But for the six million plus workers across Canada who are stuck in bad jobs, this is little more than the proverbial drop in the ocean - good intentions to be sure, but hardly strong or effective enough to shift the balance of power in favour of workers.

Retaking the initiative

The facts are pretty plain: within Canadian unions today, there is too little organizing, too few strikes, too many management-partnership deals, and little strategic thinking or member mobilizing.

Despite much talk and countless resolutions over the past decade, the majority of Canadian unions have failed to make organizing a priority. Attempts to organize new workers have fallen by 25 per cent over the past decade. At the same time, new certifications of workers have fallen to record lows of 40,000 per year, down from 100,000 plus in the 1990s.

During the last national survey in 2001, it was discovered that only 6 per cent of Canadian unions spent more than 20 per cent of their revenues each year on organizing new workplaces that lack union representation. Over one-fifth did not spend anything at all, and almost half spent less than five per cent on organizing. If this were not bad enough, approximately half of Canadian unions have no dedicated staff organizers exclusively responsible for organizing, and set no specific organizing targets.

Even more disturbing is the fact that internal numbers at two of the largest unions reveal that fewer than half of new certifications are actually new union members. Rather, these certifications are simply the result of representation votes among competing unions in the wake of sector or employer restructuring or mergers - the labour movement effectively cannibalizing itself - or simply due to internal growth in a bargaining unit within a workplace.

The effective use of strikes to make real gains is also on the wane. In the 1960s and 1970s, union leaders along with rank-and-file militants were hardly afraid of using strikes to spur union growth and win organizing drives. This is no longer the case.

Work stoppages due to strikes and lockouts in Canada fell from an annual average of 754 in the 1980s, to 394 in the 1990s, to 319 in the 2000s. Workdays lost from strikes have fallen from highs of 11 million in the late 1970s to 5.5 million annually in the 1980s, to no more than 2.6 million over the course of the 1990s and early 2000s. Where close to 20 per cent of workers would be involved in at least one strike a year in the mid-1970s, at best no more than one per cent are today.

Such a reversal is part of a larger shift in unions. Leaders and staff have moved from an offensive to defensive posture, focusing less on expanding the frontiers of labour’s power in the workplace and simply trying to defend what has already been won. When doing so appears impossible, unions are then resorting to concessions. Union after union has abandoned the selective use of strikes to make gains or to preserve things once thought essential to collective bargaining, and instead seeks simply to sign agreements with employers, while doing no public advocacy at all.

On top of this, some in union leadership are promoting new business-oriented strategies - employer partnerships - ostensibly to bolster declining numbers and to protect jobs. The CAW’s recent joint labour-management agreement is the most well-known of these. The Magna agreement signed away the right to strike and the shop-steward system for the promise of an arbitration system and further organizing in Magna’s plants.

Such agreements are, in fact, increasingly common throughout the private sector. In everything from long-term care to low-end manufacturing and forestry, Canadian unions have signed partnership agreements that impose wage and benefit concessions with the hope of holding onto unionized jobs.

Early results show the risks of this conciliatory approach to be far higher than the rewards. For in adopting partnership strategies, too many union leaders have sold collective agreements to members on the basis that the interests of union and management are the same - when they are not, as manufacturing plant closures like that in Oshawa have emphatically showed.

Wake up? Stand up?

The easy response to all this would be to say that union leaders need to stand up and lead, and workers need to wake up and take action before a century’s worth of victories are swept away.

But things are not so simple. Many leaders are old, as are their memberships, and too few are willing to change direction and take the high-stakes risks necessary to move forward. Too few union staff have the educational opportunities required to learn how to deal effectively with global consulting and law firms that now regularly advise transnationals and governments alike.

Too many unions lack the basic talent to weave bargaining with sophisticated communication strategies and political advocacy. And outside of some labour councils - such as in Toronto and Montreal - there are simply far too few activists in positions of leadership. Within unions, there are even fewer with the gumption to make substantive changes.

Politically, the problems are just as large. Traditionally, unions have tried to influence elections, legislation and policy through backing social democratic and, in Western Europe, socialist parties.

In Canada, unions joined the political left and formed the NDP in 1961 to fight for basic universal rights and equality. Added to this were Quebec unions that formed the Parti Québécois and pushed for public-sector unionism, universal public services and provincial control of finance and industrial development.

But over the past 20 years, union enthusiasm for the NDP and the PQ has given way to frustration and ennui.

Few unions have been happy when the political parties that are supposed to be the “friends of labour” turn to “third way” politics that say little about regulating finance and protecting working people, and have too often led to accommodating business interests at the expense of better wages and jobs.

The majority of unions remain affiliated with the NDP and the PQ. But NDP support for back-to-work legislation and public-sector cutbacks, and PQ support for free trade, has led unions like the CAW to break ranks and turn to strategic voting and issue campaigns in lieu of political support and the political education of members on the importance of parties of the Left.

Today, only roughly a quarter of union households vote for the NDP in federal elections (only slightly better during provincial elections); in Quebec, only a bit better than a third do so. The large majority of workers vote for the Liberals and the Conservatives and in Quebec today, the Action Démocratique du Québec.

If nothing else is clear, an agenda for change is more necessary than ever for the labour movement. But what any agenda for change requires is a template for how to make reforms within unions themselves as well as how to move forward politically.

Putting class and capitalism back into the equation would be one good place for unions to start. More education and social movement mobilizing for global equality and environmentally sustainable politics are two others.

The problems beg for solutions. One can only hope that activists and union leaders will begin to take the necessary steps to go beyond “far too little” and “far too ineffective” before it is, in fact, far too late.

John Peters is a political scientist at Laurentian University in Sudbury, Ontario. He is currently studying the impacts of globalization on labour movements and public policy in North America and Western Europe.

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Photo by Roger Langen

By Roger Langen
Briarpatch Magazine
November 2008

What is it about Liliany Patricia Obando Villota that the Colombian government finds so intimidating?
A single mother of two, an emerging academic at the National University of Colombia, a documentary filmmaker, and until recently, the international spokesperson for FENSUAGRO, Colombia’s largest rural-based labour organization, Obando was declared a “potential enemy of the state” by the attorney general on May 25, 2008. Then she was arrested – in front of her two children and elderly mother at their Bogotá apartment – on August 8, 2008 by the Anti-Terrorism Unit of the Colombian National Police. She now awaits trial at a maximum security prison in Bogotá on charges of sedition and “managing resources related to terrorist activities.”

Obando is a prisoner of conscience. Her now-interrupted doctoral studies of atrocities committed against labour activists are not popular with the paramilitaries, who have twice threatened her life. And it is unlikely that her one-hour documentary on the destructive effects of the American-funded aerial spraying of coca fields will ever be shown on Colombian TV. Her family remains under surveillance.

Colombia remains the world’s pre-eminent killing ground for union activists, and FENSUAGRO, boasting a rural membership of 100,000, is the primary target of these attacks, having lost 500 of its organizers to them over the last 30 years. Under Obando’s extraordinary stewardship as the organization’s international voice, FENSUAGRO has become not only renowned, but intimately linked with the human rights defence of indigenous peoples, Afro-Colombians and peasant farmers who have been internally displaced in Colombia. These internal refugees, 4.2 million in all, constitute an internally displaced population second only to that of Sudan, and 80 per cent of them are women and children.

Obando’s name surfaced for investigation after the incursion into Ecuador on March 1, 2008, that killed FARC leader Raul Reyes and yielded up his laptop computer. If the government is to be believed, Reyes’ laptop has revealed a treasure trove of names of “potential enemies of the state” to be rounded up. Interpol, however, reports that the forensic evidence shows that 48,055 separate files were created, modified or deleted after access to the computer by Colombian authorities before their release, leading many to suspect that the names appeared much too conveniently.

Among those caught in the net are prominent opposition critics of the government, journalists and academics, a Jesuit social justice centre, and Obando herself. Yet some of those named, like prominent Colombian economist Hector Mondragón, now in hiding, condemn the FARC for strengthening the government’s hand against civil dissent in the name of security.

Reyes’ computer also purportedly identified Canadian unions like my own, the Ontario Secondary School Teachers’ Federation. Having funded Obando’s research, film, human rights workshops, brochures, rehabilitation of FENSUAGRO’s organic farm in Viota, and a recent study of the impact of violence against women, we are now apparently under investigation by the International Criminal Court for “providing money to a terrorist group” (El Tiempo, August 29, 2008). This in spite of evidence to the contrary: reports, receipts, the actual materials, and my own visits to Colombia to see our results firsthand. El Tiempo, citing “intelligence agents,” suggests further that Obando’s trips abroad were financed by the FARC, “who gave her the responsibility of coordinating its cells in Canada.” I know Liliany well. Of her three trips to Canada, I personally paid for one and closely managed her itinerary.

The Colombian state’s close ties with the paramilitaries – the trail of blood reaches so far as to touch the vice-president’s office – have compromised its free trade initiatives. The discovery of Reyes’ magical computer, coupled with the headline-grabbing Ingrid Betancourt affair, has given President lvaro Uribe renewed opportunities to seek foreign investment and international legitimacy.
Liliany Obando can expect to sit in jail for some time.

To learn more about the Free Liliany Obando campaign, go to www.colombiasolidarity.net.

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