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 unionized and who isn’t. In Canada, most public workers, whether they be nurses or teachers, municipal employees or provincial inspectors, are members of unions, as are employees in the industrial sectors and in telecommunications.
Employees of small businesses are rarely unionized, nor are employees of family businesses. According to Statistics Canada, 31% of employees in Canada are unionized and, while 78% of public sector employees are covered by a collective agreement, only 16% of private industry workers are. While almost 75% of workers in educational services are unionized, only 3% of agricultural workers pay union dues.
Unions grow their membership in two ways, either by unionizing new groups or by marauding the membership of other unions. The rules for raiding are complex, differ from region to region and between industries, and raiding often leads to tension between union members. While raiding falls out of favour, unions must look to new groups to unionize and to new ways of reaching potential members.
THE GIG ECONOMY
The growth of the service sector and the gig economy are challenges that unions will need to face and counter in innovative ways.
The negotiation of a collective agreement is the foundation of the labour movement. Collective agreements have become more complex to reflect the
changes 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 class- action 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 sports and recreation stores in Montréal, had been in negotiations for their first collective agreement for two years. During that time, the company went into receivership, the pandemic hit and the stores were sold. They have just signed their first collective agreement. What makes this an interesting case is that, while there was a small wage increase, the employees were mainly interested in making sure that the equipment they were selling was of high quality and that they would have the use of it to grow their expertise to help their customers.
Their collective agreement now includes clauses that allow them to take unpaid time off to plan and take part in outdoor activities with the material they sell, as well as a discount on the price or the possibility of borrowing the required equipment. They also participate in a joint committee with management to consider 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 for their customers while working with the employer to achieve this. You get the union you deserve.
AGRICULTURE – A GROWTH AREA
The growth of greenhouse and vertical farming opens the door for greater unionization in the industrial farming sector. The employees of three Sagami-Savoura greenhouses voted to unionize in August. This is part of 13 greenhouses where workers in production, warehousing and packaging are unionized. What makes this more interesting is that most of the new union members come from Guatemala and stay for a limited time in Canada; they have the same working conditions as Canadian workers.
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, you may have heard about what is happening with Activision Blizzard in California. The company has been sued by a California state agency over accusations of sexual harassment and discrimination. At first, the company denied that there were any issues. Employees revolted. The upper management went into crisis mode. Some heads rolled.
Activision hired famously anti-union consultants to “investigate.” Employees signed letters to the company telling them to stuff it and made their own demands. Five hundred employees staged a walkout, others working remotely did the same, and players supported them by logging-out of World of Warcraft in a co-ordinated fashion.
SEEKING FAIRNESS
More management heads have rolled. Workers at other gaming companies have been supporting the Blizzard 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 important gaming centres. What is happening in California today will have repercussions on the gaming industry 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 employees who toil in a workplace free of harassment and discrimination will have few reasons to unionize or, when unionized, will have good labour relations with their employer. Employers who pay poorly, discriminate and abuse their staff, will get their comeuppance, sooner or later.
Heck, even Canada Post management has seen the light.