April 9, 2021 - No. 26
Demands for Governments to Take Up
Their
Social Responsibility
Workers Must Have a
Decisive Say in What Constitutes
Safe Working Conditions
- Peggy Morton -
Rail Safety
• Families of Railway
Workers Continue Their Fight
- Peggy Askin
Hospitality
Workers' Job Security
• Using the Pandemic to
Deprive Workers of Their Jobs Should be
Illegal
• More Actions in
Support of BC Hotel Workers
Ending
Violence Against Women
• Thousands in Quebec
Demonstrate to Oppose Violence Against Women
and Children
- Geneviève Royer
Demands for Governments to Take
Up Their Social Responsibility
Rail Safety
- Peggy Morton -
Canada has averaged 1,091 rail accidents a
year over the past five years. Thirteen
members of the Teamsters Canada
Rail Conference (TCRC), which represents more
than 16,000 railway
workers in Canada, have been killed on the job
in the last three years.
Speaking to the report of the death of one of
these workers,
Pierre-Luc (Sune) Levesque, Lyndon Isaak, President of the TCRC, said:
"The issues raised in the TSB [Transportation
Safety Board] report
into Brother Levesque's death are symptomatic
of the shortfalls in
Canada's rail sector safety culture.[1]
The focus on profits and efficiency over
safety must change. Every
accident is preventable but after 13
fatalities in three years, it
appears evident to our union that the rail
carriers and regulators lack
the commitment to take the necessary actions
to prevent these
tragedies."
Tragedies
such as the crashes of Boeing 737 MAX
airplanes, which killed 437
people, the Lac-Mégantic disaster in 2013
where 47 people died, the
high number of rail accidents in Canada and
resulting deaths and
injuries, and countless other examples reveal
the horrendous
consequences of neo-liberal deregulation or
self-regulation by the
monopolies, who sacrifice safety in pursuit of
maximum profit.
The CP Police Service is an extreme form of
self-regulation, in
which the company can declare that its police
force has conducted a
satisfactory investigation, that there is no
need to examine anything
but the actions of the crew, and that its
conclusions are private
business affairs. CP Rail is not even required
to publish a report when
a worker
is killed or a community endangered by a
derailment and spill of
hazardous materials. It is not obligated to
provide the information to
the families or the workers through their
union. "Self-regulation" in
which private interests control the entire
process and the police and
governments permit these monopolies to act
with impunity is a blatant
form
of corruption and must be ended.
The failure of governments to uphold the
right and responsibility of
workers to speak out about unsafe conditions
and to exercise their
right to refuse unsafe work is also designed
to permit the monopolies
to operate with impunity, cover up criminal
negligence and punish
workers and technical experts who take up
their social
responsibility. This must end!
Massive
restructuring of the state is taking place to
eliminate the space for
workers and their organizations to have a say
in matters of
occupational health and safety. The necessity
for workers and their
unions to have a decisive say in what
constitutes safe working
conditions has emerged as the crucial factor.
It should be a criminal
offence for
government agencies or corporations to
threaten or discipline workers
in order to silence them. So too the right of
families and communities
to actively participate in investigation and
finding out the cause of
tragedies when they occur must be upheld, so
as to hold the monopolies
to account and to prevent future disasters.
Families of workers killed on the job are
persisting in their fight
to end this impunity and to ensure that the
workers, technical experts
and investigators can carry out their social
responsibilities, something which
has become all the more crucial at a time when
governments no longer
function as a public authority, but rule on
behalf of the financial
oligarchs.
Note
1. Pierre-Luc Levesque,
a CN conductor/foreman
trainee, was killed in an accident in the rail
yard in Edmundston, New
Brunswick, on December 4, 2018.
- Peggy Askin -
The families of rail workers who lost their
lives working for CN and CP are once more
taking action in their fight
for justice for their loved ones and all rail
workers. They have
launched two new petitions, "Demand an Inquiry
into Rail Policing" and
"Protect TSB Whistle Blowers." The petitions
continue the
fight for safe conditions for workers,
passengers, communities and all
those impacted by the railways.
The first
petition, "Demand an Inquiry into Rail
Policing," calls for a national inquiry under
the Inquiries Act
to determine the consequences of Canada's
private railway
self-investigation model on the criminal
investigation of thousands of
railway fatalities, serious injuries,
explosions, and environmental
disasters. The petition states that with the
exception of the criminal
investigation announced by the RCMP into the
2019 fatal derailment near
Field, BC, private railway police forces have
asserted exclusive jurisdiction over rail
disasters, including cases
where the police forces' corporate owners were
implicated.[1]
Both Teamsters Canada, which represents over
16,000 railway workers
in Canada, and the Alberta Federation of
Labour have demanded an
independent investigation into the deaths of
the three workers in the
Field derailment and a petition was launched
at that time demanding an
independent criminal investigation.[2]
Speaking out when the criminal investigation
into the 2019 disaster
was announced, Teamsters Canada President
François Laporte stated, "The
union is also reiterating its call for the
federal government to
abolish corporate police forces. Three of our
brothers died in that
derailment. If CP has nothing to hide they
should welcome an outside
investigation for the sake of the families and
all those affected by
this disaster."
"Moreover, corporate police forces have no
place in the modern
world. It is absurd that a company should be
able to criminally
investigate itself. They'll never find
themselves guilty of anything.
We once again call on the government of Canada
to abolish all forms of
private policing," Laporte said.
The second
petition, "Protect TSB Whistleblowers," calls
for changes to the Canadian Transportation
Accident Investigation and Safety Board Act to authorize Transportation Safety Board (TSB)
investigators to refer
potential criminal violations to the RCMP and
Canada's
attorneys general. The petition also calls for
the
inclusion of TSB investigators in the Public
Servants Disclosure Protection Act.
The Teamsters report that, "A TSB investigator
was punished in 2019 for
even suggesting possible criminal negligence
in the Field derailment
that killed three of our Teamster brothers.
Clearly, the law ties the
hands of the very public servants who are best
qualified to facilitate
justice for victims of railway incidents and
to protect the public."
The petitions have been posted on the
Teamsters Canada website.
"After countless deaths, derailments, and
injuries, the need for reform
has never been more obvious. We ask that you
please sign these
petitions. Don't forget to share this page
with your friends once you
are done," the union says.
Workers' Forum calls on everyone to
stand with the rail
workers and their families in common cause to
end workplace injuries
and death and to defend the rights of all.
To sign the petitions, click
here.
Notes:
1. Three rail workers
were killed on February
4, 2019 when their runaway train derailed and
plunged 60 metres from a
bridge into the Kicking Horse River in BC,
near the town of Field,
after its air brake system failed. The mother
of Dylan Paradis, one of
the workers, filed a complaint with the RCMP
in November 2020 demanding
an
investigation into potential negligence in the
crash and obstruction by
the railway in investigating the crash. The
following month the RCMP's
major crimes unit in British Columbia opened a
criminal investigation
into the crash and allegations of a cover-up at
Canadian Pacific Railway.
2. See "Demands
for Action in Defence of Rail Workers'
Safety: Investigation Launched into 2019
Derailment,"
Workers'
Forum, February 8, 2021.
Hospitality Workers' Job
Security
Rally outside Pan Pacific Hotel, March 23,
2021.
Hotel
workers are persisting in their fight for
dignity and respect. The
latest in a series of mass rallies was held on
March 23 to bring public
attention to their demands for job security,
specifically that the
right of all hotel workers to return to their
jobs when hotels reopen
must be guaranteed. The action was held at the
Pan
Pacific Hotel where there have been three
rounds of mass firings and
200 more jobs are in danger. The
social responsibility to
protect the jobs and livelihoods of hotel
workers lies with the hotel
employers and the provincial government whose
labour laws set minimum
standards with regard to recall rights of
laid-off workers.
It
had already become apparent to workers and
their defence organizations
in the hospitality industry in March 2020 that
they were in uncharted
territory and that labour law and collective
agreement protection of
workers' jobs would not be adequate in the
situation. Workers and their
unions presented their proposals to employers
to deal with
the extraordinary situation in a manner that
protected the jobs and the
wages and working conditions of those laid
off due to the pandemic.
In most cases employers rejected all
proposals out of hand. Where
contract negotiations were taking place,
employers not only rejected
union proposals but some, including the Hilton
Metrotown, used
the "opportunity" of the pandemic to demand
concessions, including
reductions in wages, benefits, and working
conditions such as
scheduling and seniority rights.
Workers
also immediately brought their demands for
protection of their jobs to
the attention of the provincial government.
Although cabinet ministers
repeatedly refused to meet with workers, BC
Premier John Horgan
responded with a statement to a press
conference on June 3, 2020:
"We're calling on employers to do the right
thing and make
sure they're keeping their workforce intact to
the greatest extent
possible. We expect that to happen, if we need
to take steps using the
legislature to protect workers, we'll do
that."
UNITE HERE organized a 22-day hunger strike
at the provincial
legislature from August 10 to September 2, 2020 and
actions at the offices of
several government ministers in support of
their demands for guaranteed
recall rights for all workers.
On August 5, 2020 BC Minister of Labour Harry
Bains appointed labour lawyer Sandra Banister to conduct a
"Review of the Unionized
Hotel Sector in Relation to the Impacts of
COVID-19." She presented her
report on August 24.[1]
Her
mandate, which specifically prohibited her
making any
recommendations, was to "determine what steps
are being taken by
employers and unions in the BC hotel sector
to confront the issues
raised by recall in the face of the prolonged
business impacts of the
COVID-19 emergency, and to consult with
unions, employers and the
relevant sectoral organizations to gauge their
reactions to an
amendment
to the Employment Standards Act (ESA)
regulations proposed by UNITE HERE to respond
to the impact of COVID-19 on recall rights."
Banister presented the evidence provided by
the unions which clearly
showed the need to amend the ESA, and reported
that the unions
"supported government intervention to ensure
unionized workers will be
returned to their jobs with their seniority
intact when the sector
recovers and that non-union workers in the
sector share that
protection."
She also reported that the hotel owners and
their associations opposed
any change to the ESA which would extend
workers' recall rights, which
they claimed would represent unwarranted
government interference with
bargaining and create a dangerous precedent
for future bargaining
disputes.
She
reported that with regard to union proposals
on pandemic-related recall
provisions, "UNITE HERE advises the employers
responded by demanding
permanent changes to the collective agreement
to roll the contract back
to non-union Employment Standards levels,
particularly with respect to:
hours of work, workload protections,
scheduling,
statutory holidays, vacations, severance pay,
and the ability of
managers to perform bargaining unit work."
The government's response to the report was
contained in a press
release issued by Labour Minister Bains on
August 31 in which he said,
"[...] after careful consideration of all the
facts and in light of the
complex collective bargaining landscape
outlined in the report, I have
decided the best course of action is to
refrain from interfering in the
collective bargaining process. [...]
Government will not be overriding
existing collective agreements and the
bargaining now under way in the
hotel sector, including negotiations involving
UNITE HERE Local 40 and
other unions."
The Minister made no comment on what the
report had to say regarding
the proposal of UNITE HERE that the ESA should
be amended to provide
for extended recall rights for all workers,
not just those in the
hospitality industry, in light of the
pandemic.
On
September 1, Bains further stated that any
economic recovery package
would contain "a pledge for employers to offer
a right of first refusal
to existing employees when work resumes." In
other words, it would be
up to the employers to "do the right thing."
Then, on September 17, the
government introduced its "economic recovery"
package, which contained no provisions
whatsoever to protect workers'
job security or conditions of work.
While uttering hollow words of sympathy for
the thousands of workers
who have been impacted, the government has
totally refused to uphold
its social responsibility to BC workers.
Instead, they have handed over
billions to private enterprises in various
pay-the-rich schemes and
permitted and facilitated the anti-worker
actions of the hotel
employers which serve only their private
interests, showing that the
workers cannot rely on the cartel party system
to defend their
interests, and the need for renewal of the
democracy and people's
empowerment.
Hotel workers and others, including the
teachers at International
Language Schools Canada (ILSC)-Vancouver,
are persisting in their
fight for justice and recall rights, and in
doing so are defending the
rights and dignity of all workers. Workers'
Forum calls on everyone to stand with
them in their courageous fight.
It should be illegal for employers to fire
workers and deprive them
of the benefits and working conditions that
they have achieved, just to
satisfy the greedy anti-worker aims of their
employers. The government
must immediately act to amend the ESA to
extend recall rights for all
workers and make it a criminal offence to use
the pandemic to
attack workers' rights.
Note
1. A
Review of the Unionized Hotel Sector in
Relation to the Impacts of COVID-19,
Sandra I. Banister, Q.C.,
August 24, 2020.
The
Hilton Metrotown Hotel in Burnaby has for many years been one of the
main hotels in the Vancouver area used by BC unions for meetings and
conferences and to accommodate out of town members in Vancouver for
union activities. The hotel owners have fired dozens of workers who
were laid off due to the pandemic. When the pandemic hit UNITE HERE
Local 40 and the hotel owners were in negotiations for the renewal of
the collective agreement. During the course of the past year the hotel
owners have both refused to negotiate extended recall rights for the
workers, and introduced new demands for concessions in bargaining,
concessions that would reduce wages and benefits and undermine other
working conditions previously negotiated.
On
April 1, UNITE HERE issued a press release
containing messages of
support from the leaders of five BC unions
representing over 200,000
workers which we are reprinting below:
Teri Mooring, President, BC Teachers'
Federation
"The BC Teachers' Federation and our 47,000
members stand in
solidarity with UNITE HERE! Local 40 members.
Consequently, we have
decided to withdraw all Federation business
from the Hilton Metrotown
Hotel until workers, including those laid off
during the COVID-19
pandemic, are guaranteed recall rights and
have achieved a
fairly negotiated collective agreement. We
have no interest in doing
business with a corporation that appears to be
attempting to use the
pandemic to blatantly disregard the rights of
unionized employees, who
are primarily women and people of colour. Our
hope is that our
collective action sends a strong message to
the Hilton Metrotown."
Stephanie Smith, President, BC Government and
Service Employees' Union
"The BCGEU will refuse to book at the Hilton
Metrotown as long as
they use the pandemic as an excuse to
eliminate the jobs of long-term
staff, primarily women and persons of colour.
On behalf of our more
than 80,000 members, we stand shoulder to
shoulder with hotel workers
as they stand up to this attack on their
livelihoods. We
will direct all future bookings to hotels that
commit to return workers
to their jobs as tourism returns."
Betty Valenzuela, Financial Secretary,
Hospital Employees' Union
"These are difficult times for workers and
businesses in many parts
of the economy -- and the impact on hotel
workers has been
particularly devastating. But things will get
better, and we would have
expected that the Hilton Metrotown would plan
to return these workers
to their jobs once business picks up. I'm
disappointed to learn that
this is not the case. We value our
relationship with the Hilton
Metrotown Hotel, but I want to be clear that
we will withhold future
bookings in the face of unjust treatment of
these workers."
Lori Mayhew, Secretary-Treasurer, MoveUP
"This pandemic has reminded us how important
it is to stick
together. MoveUP is supporting the workers at
the Hilton Metrotown who
deserve to be treated with dignity and
respect. If the Hilton Metrotown
can't respect their workers and guarantee
their rights to return to
their jobs, then we will take our business
elsewhere."
Jamey Mills, Regional Executive
Vice-President of Public Service Alliance of
Canada-BC
"Our union has been a customer of the Hilton
Vancouver Metrotown for
many years. Our position is clear, we will not
use the Hilton Vancouver
Metrotown, or consider future bookings at the
hotel, until all workers
laid off during the COVID-19 pandemic are
guaranteed a right to return
to their jobs once business returns."
Ending Violence Against Women
- Geneviève Royer -
Montreal, April 2, 2021
On
Friday, April 2, thousands of women
accompanied by their families and
allies marched through Quebec streets to
oppose violence against women.
In the span of eight weeks, eight women have
been murdered by their
spouses or former spouses, bringing to 15 the
number of women who have
died as a result of
domestic violence since the pandemic began.
Refusing to be silent or
passive in the face of these horrific
tragedies, shelter organizations
for women who are victims of violence launched
the call for a day of
mobilization under the slogans Not One
More! Enough Is Enough! Actions were
also held in more than 20 cities across Quebec.
Women's
shelters were at the heart of the
mobilization.
In
Montreal, at 1:00 pm, thousands of women of
all ages and their allies
gathered at Lafontaine Park. Immediate demands
to prevent and end
violence were reiterated: increase resources
for women who are victims
of domestic violence so that services are
available 24/7, offer courses
on sexuality worthy of their name, ensure a
sustainable
minimum wage, guarantee decent living
conditions for women with
disabilities, guarantee social housing, and
fight racism.
The speakers emphasized that violence against
women is not a women's
issue, but a societal issue. Domestic violence
is a reflection of all
forms of violence against women that exist in
society, such as
psychological, verbal, physical, sexual and
economic violence, they
said.
Women, their organizations and their allies
are facing these
tragedies together and have been struggling to
find solutions for
years. The Legault government must implement
these solutions to put an
end to this national tragedy. Almost all of
the speakers emphasized
that these demands and proposed solutions are
not new and have been
known
to governments for years. Viviane Michel,
speaking on behalf of Quebec
Native Women, said: "How many times have you
consulted us? How many
briefs have we submitted to you? How many
solutions have we proposed to
you to end domestic violence? And we are
always at the bottom of the
list when the budgets come out [...] Our
shelters
need more services, more workers [...] How
many times have we held
demonstrations? How many times have we had
marches?"
"Now
is the time for the Legault government to implement these solutions by
placing the expertise of women and their anti-violence defence
organizations front and centre. Certain organizations have been
fighting for 40 years to counter violence against women: the Legault
government cannot do without our experience and expertise, we must be
part of the solution, not just consulted," they said.
The
right to live in safety must be guaranteed by
the authorities.
Alexandra Pierre, President of League of
Rights and Freedoms said that
violence against women "undermines the right
to prosper, to equality,
to physical integrity, even the right to life.
The right to housing, to
economic security are trampled upon daily. Of
course we must act on
spousal violence, but we must also look at the
negligence and violence
of police, judicial and political authorities
and condemn them. The
Quebec government must start taking these
femicides and everything
that makes them possible seriously."
Thousands of participants marched along
Rachel and Saint-Denis
streets and Mont-Royal Avenue to the foot of
Mount Royal, with drivers
and passers-by honking and waving.
At the end of the demonstration, the speakers
said that this
struggle is for women in the here and now, and
for those who will come
after, so that the rights of all are finally
respected.
Ending violence against women and their
children is a crucial demand
that humanizes all of society. The Legault
government must be held
accountable for its refusal to invest so that
in Quebec, violence
against women and children is a thing of the
past.
Montreal
Gatineau
Baie-Comeau
Magdalen Islands
Laurentians
Mauricie
Quebec City
Rimouski
Rouyn-Noranda
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individually click on the black headline.)
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