labour reporter
THE
the voice of Saskatchewan’s working families since 1956
Saskatchewan Federation of Labour
MAY 2012
Did you know … As a result of cuts to education by federal and provincial governments over the past several years, the combined accumulated debt of post-secondary students in Canada is a staggering 14.3 billion dollars, and increasing daily.
Labour joins with University of Regina students at national day of action rally n Feb. 1, students across Canada rose up in protest of rising tuition fee costs, the privatization of educational institutions and the growing inaccessibility of postsecondary education for First Nations, Métis and Inuit peoples in Saskatchewan. Demonstrations took place at universities across the country, and the University of Regina was no exception, as hundreds of chanting students marched from the Riddell Centre to the First Nations University of Canada, raising awareness of the issues currently facing Canadian students. Following the march was a series of student and guest speakers on education issues, and in particular the issues of Aboriginal students. Joining the protest was a significant delega-
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tion of labour allies, who mobilized to show their support for greater accessibility of postsecondary education. One of the major pillars of the Day of Action was to build ties with trade unionist and labour allies, to raise attention to the fact that education issues do not solely affect students, but in fact the future and stability of all working people across the province. The Day of Action received formal endorsement from the SFL Executive Council and the SFL Young Workers Committee, many members of which were present at the Day of Action protest at the FNUC. The biggest issue that the students were protesting against is the high cost of tuition fees, >> continued on next page
Contents Bread & Roses
P.3
100th anniversary of an historic strike for pay equity
Victory in court
P.4-5
Charter challenge decision on Bill 5
Engaging young workers
P.6-7
How does the labour movement get young workers involved?
Communication corner
P.8
What’s going on in the labour world? The Labour Reporter is published by the Saskatchewan Federation of Labour. Editor: Heath Smith, h.smith@sfl.sk.ca. Mailing address: 2202445 13th Avenue, Regina, Saskatchewan. Phone: 306-525-0197 Fax: 306-525-8960 Website: www. sfl.sk.ca E-mail: sfl@sfl.sk.ca. This newsletter is written by members of CUPE 4828 and designed by a member of GSU Local 5.
and how that cost is driving post-secondary achievement out of reach for many Canadians. The cost of tuition fees is increasing disproportionately faster than the costs of rent, food and public transportation. Increased costs mean that post-secondary education is being pushed out of reach for many young people, which is of great concern to the labour movement as education is one of the most important factors of success as young people join the work force. The issues of the student movement converge further with the labour movement as the funding of colleges and universities relies increasingly on private funds. Thirty years ago, 85% of university funding came from public sources. Today, public funding has fallen to 60%. The Saskatchewan Federation of Labour supports a strong public post-secondary education system, and refutes the further privatization of institutions that should be public and democratically run. The struggles of both the student and labour movements are intimately intertwined, and we should support alliance-building initiatives so that a unified message can be built from the diverse progressive movements across Canada. The issues of working people and their student counterparts remain integral to creating change in Saskatchewan, and therefore, the SFL continues to support student issues and calls on the provincial and federal governments to support a strong, public, accessible postsecondary education system.
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Top: Students at the University of Regina march to the First Nations University of Canada as a part of the National Day of Action. Above: Representatives of the Saskatchewan Federation of Labour and the SFL Aboriginal Committee attend the National Day of Action.
Saskatchewan Federation of Labour
Bread & Roses by James Oppenheim
As we come marching, marching, in t he beaut y of t he day, A million darkened ki t chens, a t housand mill-lof t s gray Are t ouched wi t h all t he radiance t hat a sud den sun discloses, For t he people hear us singing, “Bread and Roses, Bread and Roses.”
100 years of bread and roses ne hundred years ago this year, a group of mill workers in Massachusetts, predominantly immigrant women, organized a strike after seeing their pay reduced. Often called the “Bread and Roses Strike,” the women shut down their mills in protest of losing money that would have otherwise been used to buy bread. Other trade unions thought it impossible to organize the culturally and linguistically diverse group of women that operated mills throughout Lawrence, but nearly 20,000 Industrial Workers of the World (IWW) members were participating in the strike within a week. After decades of attempts by mill owners to drive out skilled labourers in favour of often-exploited immigrant workers, the 1912 strike was an attempt to prevent difficult conditions from being made worse. Many mill workers of the day were girls between the ages of fourteen and eighteen living in old, dangerous apartments, many of which housed multiple families. Because many working people from the mills survived on beans, molasses, and bread, bread has become an important symbol for the struggles of the women of the Massachusetts mills. In 2012 we celebrate the 100th anniversary of the two-month strike in Lawrence and the bravery of the nearly 20,000 women who made it possible.
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Saskatchewan Federation of Labour
As we come marching, marching, we bat t le, t oo, for men -- For t hey are women’s chil dren, and we mot her t hem again. Our lives shall not be sweat ed from birt h unt il life closes -- Heart s st arve as well as bodies: Give us Bread, but give us Roses. As we come marching, marching, unnumbered women dead Go crying t hrough our singing t heir ancient song of Bread; Small art and love and beaut y t heir drudging spiri t s knew -- Yes, i t is bread we figh t for -- but we figh t for Roses, t oo. As we come marching, marching, we bring t he Great er Days — The rising of t he women means t he rising of t he race -- N o more t he drudge and idler -- t en t hat t oil where one reposes -- But a sharing of life’s glories: Bread and Roses, Bread and Roses. MAY 2012
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court decision upholds work
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This is an extremely important decision for working people, not only in Saskatchewan, but for those across the country. An important message has now been sent to Legislatures from B.C. to the Maritimes: that working people’s Charter rights are more important than any government’s ideology. — Larry Hubich SFL president
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orkers in Saskatchewan, and across Canada, won a significant legal victory last month. Justice Dennis Ball ruled that the right to strike is a protected freedom for all workers under the Canadian Charter of Rights and Freedoms. He also found that the right to strike is protected by international law, and that govern-
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MAY 2012
ments are bound by international law when assessing the constitutionality of our laws under the Charter. As a result of these findings, he ruled that the Sask. Party government’s “essential services” legislation (also known as Bill 5), violates our fundamental freedoms and human rights. He said the law, in its entirety, is unconstitutional.
Saskatchewan Federation of Labour
king people’s rights The Judge said that when a law violates the Charter, if the government has failed in its duty to consult prior to passing the law, the law must be struck down. Just like the United Nations’ International Labour Organization (ILO) warned the Saskatchewan government, they must consult with citizens before introducing legislation that affects Charter rights. Justice Ball even paid attention to the role of government as employer. He said that governments cannot use their sovereign power to legislate in a manner that eliminates the obligation to respect their employees’ collective bargaining rights.
What happens now? The Judge ruled that the invalidity of the old law is suspended for 12 months, to give the government time to fix it if possible. The government is appealing the Judge’s ruling that freedom of association includes the right to strike, in the hopes that, if they win, Bill 5 will stay in force. At the Saskatchewan Court of Appeal, the unions will defend the right to strike finding, and will cross-appeal on the unconstitutionality of Bill 6 (the 2008 changes to The Trade Union Act).
What about Bill 6?
The Judge did not agree with our argument that the changes to The Trade Union Act violated workers’ fundamental freedoms under the Charter. He did not, however, dispute our facts about the number of union certifications decreasing since the passing of the laws. Regarding employer communication, he says “even a reasonably courageous employee can be cowed by employer statements that directly or implicitly threaten negative consequences if the wishes of the employer are opposed.”
What kind of input will labour have into any new essential services law? Minister Don Morgan asked us for written feedback, with a deadline of two weeks. Working people’s organizations (which already submitted feedback on Bill 5 and 6 to the government when it was introduced, and also to the court in its written and oral arguments) has asked for face-to-face meetings to discuss what kind of consultation would comply with Judge Ball’s decision.
What are the remedies? The Judge has agreed to hear submissions on remedies for the violation of working people’s rights.
Five little-known facts about the Bills 5 and 6 Charter challenge 1. Non-affiliated unions who joined in solidarity with the SFL et al: 3 (Health Sciences Association of Saskatchewan, University of Regina Faculty Association, and Teamsters local 395.) 2. Number of lawyers who participated in the trial (from both sides): 19 3. Total days of argument: 12
Saskatchewan Federation of Labour
4. Number of pages filed with the Court:
approximately 15,000
5. Employers who intervened in the case (SAHO, the Saskatoon Regional Health Authority, SaskPower, SaskEnergy, the University of Regina, the University of Saskatchewan, City of Regina, City of Saskatoon, SUMA and SARM) argued that management should have the final say in who can strike and who cannot.
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Quotable Quotes
“I am satisfied that the right to strike is a fundamental freedom protected by s.2(d) of the Charter along with the interdependent rights to organize and to bargain collectively. That conclusion is grounded in Canada’s labour history, recent Supreme Court of Canada jurisprudence and labour relations realities. It is also supported by international instruments which Canada has undertaken to uphold.” — Justice Dennis Ball, Saskatchewan Court of Queen’s Bench, February 2012 “The ultimate truth of free collective bargaining is that it can only operate effectively, in market terms, if it is backed up by the threat of economic sanction.” — Justice Ball, quoting Rayner “...the evidence clearly establishes that substantive consultations with respect to the PSES Act took place only between the Government and employer groups. It also establishes that although the largest public sector Unions made every effort to meet with the Government representatives in order to have meaningful input into the legislation, their efforts were unsuccessful. Any consultation with the Unions about the PSES Act was superficial at best.” “It is enough to say that no other essential services legislation in Canada comes close to prohibiting the right to strike as broadly, and as significantly, as the PSES Act. No other essential services legislation is as devoid of access to independent, effective dispute resolution processes...”
MAY 2012
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By Amy Huziak, Chair SFL Young Workers Committee
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In five years, 85 percent of the world will be under the age of 30. – Canadian Labour Congress
am often asked how to get young people involved as activists in the labour movement. While there are many initiatives that locals have tried, with varying levels of success, the lack of young workers in activist and leadership positions in the labour movement speaks to a greater problem: the systemic exclusion of young people from trade labour organizations, and a general alienation from organized labour. Young workers represent some of the most coveted voices in the labour movement today. Nearly every union worries about the declining involvement of young people. However, although most unions and federations of labour have youth or young workers committees, many
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MAY 2012
young people still feel excluded from political and activist involvement within their union locals. This has been poignantly demonstrated to me on many occasions, where union leadership has asked for the input of young workers, but then either entirely disregarded that information, or overtook the discussion. This is the problem of a lack of meaningful consultation, which we often chide our governments for, but rarely project upon ourselves. A common contradiction within the labour movement sees locals making the effort to form youth committees, but providing few opportunities for the meaningful inclusion of young people beyond that. Such an exclusionary attitude, common to some older trade unionists, only exacerbates the problem, as they simultaneously demand youth involvement and refuse to put young people forward for significant leadership positions. The practical aspects aside, there seems to be a certain alienation of young people from the labour movement. The problem is partially due to the transient nature of employment, and the high rates of unemployment, that young people are currently facing. It is difficult for them to get involved in a movement when they do not remain employed long enough to become familiar with any particular organization.
Saskatchewan Federation of Labour
The labour movement is also inaccessible for a variety of reasons related to the history of organized labour. Not only do young people feel that unions do not necessarily have their best interests at heart (with the acceptance of multi-tiered contracts that have driven down wages and benefits for this generation), but they also feel that their opinions and participation are often undervalued. An apparent devaluing of the contributions of young working people is especially obvious in the language that older activists often use towards their younger counterparts. The language that we use to speak about young people is as important as the language we use to speak about other groups. The language that leaders in the labour movement often use is ageist and treats ‘young people’ as one faceless, monolithic and apathetic group, instead of as a diverse group of activists with unique experiences. I have often heard that young people simply don’t care about social justice issues, but the fact that many young people do not seem to care about unions does not mean that they do not care about their workplaces and communities. Many young people have found their roots in community activism because they do not necessarily iden-
Saskatchewan Federation of Labour
tify with unions, or feel that the labour movement is accessible. Young people form a diverse group of environmental and political activists, local food producers, feminists, anti-oppression educators and community-based researchers. We are not useless; we have chosen avenues of involvement where our ideas are respected and utilized. While some labour organizations are doing a decent job of giving young people the opportunities to contribute in meaningful ways, we need to be doing a better job of incorporating the ideas of young people into the labour movement overall, and providing real opportunities for young people to assume leadership roles. We must also be conscious of future generations of workers. While we fight continued corporatization, globalization and oppression of the working classes, we must ensure that we are maintaining basic wages, benefits and working conditions for everyone, including both unionized and non-unionized young workers. It is only by maintaining a strong and cohesive movement, that engages in organizational renewal through the incorporation of young people and their issues, that the labour movement will continue to thrive and be successful.
MAY 2012
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The Prairie Lily Feminist Society Invites You To...
your
Br ing Yo ur Sis te r! Br ing a Fr ien d!
Commu nication
mark your calendar April 22-27 SFL/CLC Spring School
A Women’s Spiritual Retreat April 28
National Day of Mourning
May 3-4
NASHI Youth Unchained Conference
May 12
Grandmothers 4 Grandmothers fund raising dinner
June 10-14 SFL Prairie School for Union Women July 6-8
Prairie Lilies retreat
Dec. 5-7
On the Edge: 2012 SFL equity conference
corner
Save the Dat July 6-8 2012
Take a break from the stress of everyday life to take some time for yourself…
Jacquie Griffiths retires from CUPE Day of Mourning
Who: Interested Wo
Vigils will be held across the province to remembering What:workWomen’s Spi ers injured or killed on the job on April 28. Please show your Weekend Retreat support by attending a rally and commit to keep each other safe on the job.
When: July 6th-8th,
Where: Calling Lake (Fort Qu’Appelle, SK
Prairie School for Union Women Join the Lilies for an inspirational retreat to explore of to attend the 16th annual This summer, the SFLissues invites you activism, spirituality, health, and humour, including special Prairie School for Union Women,guest an intensive four days of learning andasharing a supportive environment at Waskesiu Follow us speakers. This is the perfect place to take breakinfrom the daily Lake, June 10-14.the challenges we on the routine to connect with other women about This is a place for women to develop skills and build solidar- web or on face. Throughout the weekend we will feature inspirational Congratulations to Jacquie Griffiths on her recent retirement ity among like-minded working women. Scholarships available Facebook! activities including yoga, hikes by the lake, campfire, a movie from CUPE. Good luck in your retirement, Jacquie! In photo to equity-seeking groups and non-union members. night,Jacquie zumba… and many more. For more information, visit www.sfl.sk or call 306-525-0197. from left to right: Virginia Kutzan, Debbie Lussier, Griffiths, Lori Johb, Marg Romanow.
More details coming soon! Follow us on Facebook or visit prairielilies.wordpress.com
Women’s Spiritual Retreat The Prairie Lily Feminist Society invites interested women to a spiritual retreat, July 6-8 at Calling Lakes Centre (Fort Qu’Appelle, Sask.) We will explore issues of activism, spirituality, health and humour with special guest speakers. This is the perfect place to take a break from your daily routine and connect with other women about the challenges we face. Throughout the weekend we will feature inspirational activities including yoga, hikes by the lake, campfire, a movie night, zumba and much more. More details coming soon! Follow us on Facebook or visit prairielilies.wordpress.com
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MAY 2012
Saskatchewan Federation of Labour