Unity protocol signed
This past summer saw the inking of an historic agreement between BC and Quebec Carpenters to promote unity between the two provinces. The Protocol Agreement for National Unity was signed by representatives of the BC Provincial Council of Carpenters, Vancouver Local 1995 and Fraternité Nationale Locals 9 and 2366 on August 29, 2005 in Vancouver. Len Embree and Pat Haggarty signed on behalf of the Council and Randy Smith and Eugenio Zanotto for Local 1995. Yves Mercure from Local 9 Carpenters and Yves Ouelette from Local 2366 Floorlayers & Interior Sytems signed for the Fraternité Nationale.
Yves Ouellet said, “We are building something great and strong. This agreement will consolidate links between our organizations and allow members to easily travel between British Columbia and Quebec to work together.”
Please turn to page 4 for more on the Protocol Agreement.
Helping to bridge the cultural gap
Protocol Agreement to consolidate links between Canadian Carpenters
from Page 1
Lower Mainland Carpenters organizer Apolo Suarez says that because of talks coming out of the protocol agreement, reciprocity of pension contributions between the two organizations only awaits regulatory approval in Quebec to be fi nalized and “that should only be a matter of a short time,” he says.
This agreement, he says, will facilitate the exchange of carpenters between BC and Quebec and help us work on common issues and deal with common employers.
Suarez has signed nine large Quebec contractors to all-employee agreements in the past few months with the view to them bidding on local work. Employment would be through the local hiring hall. He has also inked an understanding with Argentina’s Drycon, one of the largest Interior Systems contractors in South America, which is interested in highrise and townhouse development.
“Some Chilean contractors have also approached us with the idea of coming here to bid work,” he says.
Text of the Protocol Agreement for National Unity
PROTOCOL AGREEMENT FOR NATIONAL UNITY
BY AND BETWEEN: British Columbia Provincial Council of Carpenters and its affiliated Local Unions
AND: Fraternité Nationale des Charpentiers-Menuisiers
Section locale 9 –and- Fraternité Nationale des Poseurs de Systèmes lntérieurs, Revétements Souples Parqueteurs Sableurs Section locale 2366
BACKGROUND
A. The British Columbia Provincial Council of Carpenters and the Fraternité Nationale, Québec, have a desire to further national unity across Canada, to strengthen ties on a national level between the BCPCC and the FN (Local 9 and Local 2366), and possibly other like-minded organizations.
To achieve this end, the parties agree To work together on common issues, such as:
• Building a fraternal Canada-wide union of building trade/construction workers;
• Supporting Canadian autonomy for members of American-based unions;
• Supporting the self-determination of Québec, its citizens, and its unions;
• Coordination of Canada-wide organizing of contractors and any other employers;
• Supporting the national union;
• Bridging the cultural gap;
• Political will;
• Employment opportunities and standards;
• Promoting and training union quality craftsmanship and safety;
• Lobbying politicians on issues of mutual concern;
• Support for provincial and federal issues that do not confl ict with either party;
• Expanding the contractor base through inter-provincial organizing;
• Any other benefi cial circumstances.
The parties agree to facilitate, whenever and wherever possible, assisting the other organization in the procurement and retention of new members from inside and outside their traditional boundaries.
The parties agree to facilitate, whenever and wherever possible, assisting the other organization in the transfer of members between each organization. Transfer fees between each organization shall be at zero cost to the organization and the member affected.
Membership Transfers: All parties agreeing to this protocol will accept qualified journeyperson/apprentice members.
Permits: Each member issued a permit shall pay the appropriate fee to the organization in whose jurisdiction the member is dispatched. Working dues shall be collected by the working local union.
Reciprocity: Those members may at their own discretion transfer benefi t monies back to their home plans.
Documentation: All members who transfer, permit, or whose benefi ts are to be reciprocated shall fi ll out all relevant documents and materials.
All Local Unions that agree shall be bound by this Agreement.
This Protocol Agreement will take effect upon the date of execution, and will remain in effect until written notice to the other party 90 days prior to termination has been served. Both parties shall mutually agree to all decisions on all issues not stated above. It is agreed that both parties shall meet as often as possible to discuss related issues.
CAST sneaks in RAV back door
The International UBCJA has donned a new disguise to sign a back-door agreement with RSL Joint Venture covering some work on the elevated portion of the Canada Line (RAV).
After losing at the labour board earlier this year in an attempt to raid carpenter craft jurisdictions using the CFAW name, the International has conceived a new entity called CAST; the Canadian Association of Skilled Trades. Calling itself an All-Employee organization, CAST pretends it can provide all the carpenters, labourers, cement masons, ironworkers and equipment operators necessary to build the elevated section of RAV from Richmond to Vancouver.
Cast claims to be a bargaining council consisting of Carpenters Local 1907 Mission and Floorlayers Local 1541. They also claim to have understandings with the Ironworkers and Operating Engineers for the RAV project. To date, no collective agreements or understandings of any type have been fi led at the Labour Board by CAST or the contractor. And no members have yet had the opportunity to look at or ratify any such agreements.
Please see Raids Page 2
Raids in the wind?
Cont’d from page 2
International agents are also trying to sign up trades people at various CLR contractors in the lower mainland in an attempt to raid those contractors away from traditional craft unions into their rogue organization CAST.
Please see BC Carpenters Union President Len Embree’s Message to the Membership on Page 8 for further information.
International dons new guise for RAV
Message from Len Embree Regarding CAST
Dear Fellow Members,
As you may know, the International Carpenters Union (UBCJA) is once again raiding your union, the BC Carpenters Union.
The twist this year is that the International started a brand new group called CAST (Canadian Association of Skilled Trades) after losing with CFAW at the Labour Board. But little is known about this rogue organization calling itself a union other than it seems to be another attempt to poach members into the International.
Before you or any of your fellow workers sign a membership card into CAST, you deserve fair answers to these important questions:
Fair questions to ask before signing up with CAST
. No Contract Details: There are few details disclosed by CAST about their contract for the RAV line. The contract has not been filed at the BC Labour Relations Board and no copy has been made available for members. Real unions give out their contracts to members, in writing. Why was the secret agreement signed without membership input?
. No Democracy: CAST admits it does not have elected union leaders or Business Agents. CAST union leaders are appointed by Washington and their wages are set secretly. How will CAST represent you if the leaders are not elected?
. Mysterious Dues: What are CAST's dues? How are dues determined or voted on? How are dues spent?
. No Pension: On their leaflet CAST says it has a real pension plan but the details on the same leaflet show that they only have a small RRSP. Which is it, a pension plan or a savings plan?
. Mysterious Dispatch: CAST is vague about their hiring hall and dispatch operations. There is no elected Hiring Committee similar to the ones in our Local Unions. What are the dispatch fairness polices and who determines them?
. US Politics: Through the UBCJA, CAST supports the softwood lumber tariffs against Canada. Will CAST let BC members vote on CAST political polices? Will your UBCJA dues be headed to Washington DC to help lobby George Bush?
These are just some of the many questions that need to be answered. Signing a CAST card means you are rejoining the International. If you do go to work at the RAV line, please call us as soon as possible at 1-888-646-6473.
Happy Holidays, and Happy New Year from all the elected leadership and staff at the BC Carpenters Union
In solidarity,
Len Embree, President
BC Carpenters Union
More Wins for Canadian Autonomy at Labour Board
The British Columbia Labour Relations Board has upheld two previous judgments that certified the Construction, Maintenance and Allied Workers (CMAW) as the bargaining agent for workers at over 120 work sites formerly represented by the BC Provincial Council of Carpenters.
CMAW was the union of choice for 90 per cent of those voting in workplace elections held across the province over the past year.
"This latest win for us should drive home the message to the International that they do not belong in British Columbia. BC Carpenters Union members have stuck with their home union and do not want to go back to being under American control," said Len Embree, President of the BC Carpenters Union.
CMAW is a joint bargaining council formed by the BC Carpenters and its affiliated local unions (Construction, Industrial, Millwrights, Schoolboards, Shipbuilders) and the Communications, Energy and Paperworkers Union (CEP).
For the past ten years, BC carpenters have been fighting to win autonomy from the American-based United Brotherhood of Carpenters and Joiners of America.
After a string of legal defeats, the International changed tactics and set up CFAW, (Carpenters, Floorlayers, and Allied Workers Bargaining Council) in an effort to raid back BC members who previously chose freedom from the International.
Last summers's rulings flowed from an International appeal that claimed CMAW could not represent the craft of carpentry and that only CFAW, the International's agency, should have the right to represent and dispatch carpenters in BC. The Labour Board disagreed.
In a unanimous decision, the LRB appeal panel agreed with the BC Carpenters Union and upheld that "the effect of [previous] decisions is to not allow a new union, CFAW, to represent the craft of carpenter under the Code."
"Enough is enough," says CMAW President Brian Zdrilic. "There has been over 10 major labour board and court decisions that all say the same thing to the International: go home! I am hopeful that this time they get the message."
The BC Labour Relations Board has stopped the International in its tracks
International supervision thwarted
BC Labour Board Chair Brent Mullin has ordered the UBCJA to back off on supervision of the BC Carpenters Union.
He ordered the UBCJA to “refrain from imposing supervision” over the BC Provincial Council of Carpenters at this time. The order, which is now a BC Supreme Court order, stops the International from taking over the Council pending a “fi nal resolution of the Provincial Council’s application to the Board under Sections 5(1)(d) and 10(1) of the Code.”
Actions under these sections of the code are commonly referred to as “Unfair Labour Practices.”
The BC Union has been involved in a long struggle for autonomy from its former parent organization, the UBCJA, also referred to as the “International.” The cross-border dispute has intensifi ed over the past decade as the International has increasingly interfered with Canadian members’ rights to elect their own offi cers and make autonomous policy decisions in the interests of Canadian workers.
In November, the UBCJA’s General President Douglas J. McCarron threatened to enact “emergency powers” to place the BC Carpenters under trusteeship, largely because of the payment of affi liation fees by the Council to the Construction, Maintenance and Allied Workers (CMAW), a joint bargaining council between BC Carpenters and the Communications, Energy and Paperworkers Union (CEP)
This threat was viewed by BC Carpenters Union president Len Embree as, “a last ditch effort to extract revenge and an attempt to steal our members’ assets.”
In an injunction application to the Labour Board, the Provincial Council accused the International of intimidation and coercion as well as denial of natural justice, charges the Board found serious enough to issue an interim order suspending any trusteeship action by the International. Two weeks later, the Board made the order more permanent, lasting at least until hearings can be held on the BC Carpenters unfair labour practices application.
Embree called the decision “A great victory. Perhaps now the International will stop interfering with the membership’s rights to run their own affairs in a free and autonomous union.”
No dates have yet been set to hear the BC Carpenters application.
Decision may limit jobs available for Victoria Carpenters Union Members
Labour Board holds Victoria raids to original eleven
The BC Labour Board has upheld an earlier decision and limited the number of Victoria-area union employers available to members of the Victoria carpenters union.
The decision follows actions taken by United Brotherhood of Carpenters and Joiners of American Local 1598 (Victoria) to take for itself the exclusive access to 11 Victoria based contractors in a raid last year. Previously, the contractors were represented provincially by the BC Provincial Council of Carpenters.
Last year the Labour Board had permitted the Local 1598 raids but has now, with this October’s “Campbell Construction” decision, limited the Victoria hall to the exclusive craft representation for only those 11 contractors it originally raided.
“We respect the fact that the Labour Board recognizes that Victoria members voted to have exclusive access to some contractors. But we also appreciate that Local 1598 cannot organize any new contractors along traditional craft lines,” says Len Embree, President of the BC Provincial Council of Carpenters.
At press time it was reported that Local 1598 Business Agent Wayne Cox is scurrying around trying to sign his members into CAST to attempt using that vehicle to go all-employee in Victoria.
BC Carpenters vindicated
Assault charges tossed by court
The International has lost another legal adventure in their unceasing efforts to harass the BC Carpenters Union.
In October, Mr. Justice J.F. Galati tosssed out asssault charges instigated by International agents against Local 1995 organizer Jan Noster and Carpentry Workers Benefit and Pension Plan chair John Davies.
Back in the November 2004 raiding period, several BC Carpenter Union representatives attended a jobsite at 10th Avenue and Heather Street in Vancouver with John Davies who was reporting on Pension and Benefit matters to the membership of a company being raided by the International. Seven International reps showed up with the obvious purpose of disrupting the meeting. International agent Brent Mayne and John Davies engaged in a shouting match and an altercation ensued. Surprisingly, the police were in attendance outside in three cars immediately after the meeting broke up. It is unclear when or by whom they were summoned.
Throwing out the charges, Justice Galati stated that Crown witnesses (Mike Autzen, Wayne Cox and Brent Mayne) at times gave “unreliable evidence.” He characterized Mayne and Autzen’s testimony as “inconsistent with each other,” and that the police evidence was “insignificant.” Justice Galati said that the only reliable, independent witness to the event, a working member of Local 1995, characterized the meeting as a “yelling match... pretty well a waste of time.” He said that he had “a good view of Noster pulling people apart as you would in breaking up a fight.”
Justice Galati excused John Davies actions as “justified in using (limited) force to defend himself.” Davies grabbed Mayne by the lapels as he came at him, which the judge characterized as “using no more force than necessary.”
Noster called whole charade a “total waste of time and money. Who paid for the high-priced International lawyer who took 13 hours of court time?”
Noster also pointed out that the International lost the raid and the members signed with CMAW anyway.
International agents Brent Mayne and Gord Canavan scurry off from courthouse defeat
Trades education gap for youth
When RedWAY BC, an aboriginal youth services website, www.redwaybc.ca, recently surveyed some members of its Youth Advisory Council about their vision of trades training, they were shocked by the common response.
Asking the young people, ranging in age from 15-26, “What type of trade or apprenticeship would you be most interested in learning,” they were expecting something along the lines of: ‘Maybe a construction job like carpenter or welder or interior designer, or an electrical trade like telecommunications expert or computer systems analyst.’ Incredibly, 13 of the 14 surveyed answered, “Ummm, what’s a trade? What’s apprenticeship mean?”
The sad thing is these kids are representative of most of our youth today. Not only do they have no idea of what the terms trade or apprenticeship mean, they can’t even understand the question.
Quesnel Local 2545 members preparing for a rally in support of striking teachers
Carpenter members walked the line in support of striking teachers
Carpenter Union members on the picketline supporting teachers needed no lessons in solidarity, says Quesnel Local 2545 President Sandra Backer. “Our...members...did a superior job of showing and advocating (solidarity),” she said. “As we all know, it is so important to get that message out to this government that we aren’t going to take any more bullying.”
Carpenters around the province joined with other citizens and trade unionists to show the Campbell government that enough is enough and they support the teachers’ right to a freely-negotiated collective agreement that recognizes teachers’ and students’ right to fair wages and negotiated working conditions.Carpenters
David G. Flynn memorial Bursaries awarded to five BC students
Union Bursary Winners for the year 2005
Central BC District Council - Ron Kneller Local 1998
Kootenay District Council - Brad Carter Local 2300
Lower Mainland District Council - Melissa Waddell Local 1995
Okanagan District Council - Jocelyn Wentland Local 1370
Northwest District Council - Mette Liz Berg Local 1735
Vancouver Island District Council - No applicants this year
Solidarity Forever
This bursary winning essay by Melissa Waddell of Vancouver is slightly abridged for publication. It was written at the height of the Telus lockout and draws a parallel between that dispute and the BC Carpenters struggle for autonomy.
Solidarity is Forever: Implications of the UBCJA-BCCU Autonomy Dispute for the TWU and Telus by Melissa Waddell
Solidarity - it’s something that employers often underestimate when using scare or bullying tactics, and when ignoring the benefi ts of unions for employees. However, one look at the recent attainment of autonomy by the BC Carpenters Union (BCCU) from the United Brotherhood of Carpenters and Joiners of America (UBCJA) is evidence that solidarity between the brothers and sisters of a union can have victorious results. The workers of the BCCU are standing up for their rights, fighting for what’s just and fair, even though the UBCJA has yet to acknowledge the autonomy of the BCCU. The dispute between these two unions is a recent example that members of the Telecommunications Workers Union (TWU) can look to for hope, strength, and inspiration in order to maintain their solidarity in the face of Telus’ bullying tactics and the denial of the benefits of unions for employees.
At one time, I was employed as a Directory Assistance (411) Operator with Telus, and I witnessed numerous injustices and disciplinary actions brought upon employees who asserted themselves while citing the support of their union. This was not a happy or healthy environment to be working in, and while I no longer work for the company (I left in mid-2004), two experiences have remained with me. Firstly, the strength of the solidarity between members of theunion was, and continues to be, incredibly strong. Secondly, the attempts by the company to wear down the workers was, and presumably still is, also incredibly strong. While the end of the Telus-TWU dispute has yet to unfold (at the time of writing), the dispute between the BCCU and UBWA is entering a new phase, and can serve as an example for what strong and united union members can achieve.
Over the past few months, UBCJA has been raiding unions in BC, trying to entice workers away from the Construction, Maintenance, and Allied Workers Union (CMAW), the Canadian division, back into UBCJA, the International division. This type of bullying was not successful, as the BCCU was victorious this past spring in obtaining its autonomy from the UBCJA, with nearly 90% of the province being in favour of the separation. The hard work and persistence of the union members to retain their rights and to have a union fight for the rights of all the members will serve as an example for Telus that TWU members will not back down. This past July, Telus was caught using bullying tactics in a censorship scandal whereby the company blocked telus.net Internet customers from accessing the website Voices for Change. This is a website run by TWU members and it provides an insider’s view of the dispute with the telecommunications giant. While censorship is a serious form of political manipulation, it has not been overly successful against the TWU, as court orders required Telus to remove the blocks shortly after the scandal was revealed on national television. However, it is unfortunate to see some members of the public now using the website as a soapbox to express their antiunion views.
Despite the victory for the BCCU this past spring, the UBCJA refuses to acknowledge the autonomy of the BCCU. Performing a site search of the UBCJA website returns no relevant documents for searches under “autonomy”, “CMAW”, or “BC Carpenters Union”. Perhaps more importantly, the UBCJA still lists Local 1995 and many other BC union offices as part of UBCJA, and has declared that the BCCU should be “under supervision [by the International]”. Apparently, denial and feigned ignorance of the existence of unions are popular phenomena. Telus has also ignored the rights of its employees by trying to impose contracts on numerous occasions and has refused assistance in the negotiations. The solidarity of the members of the BCCU and their beliefs in what’s fair and just carried them through their dispute with the UBCJA, and will continue to carry them through the new phases of this separation. TWU members can rest assured that their solidarity is not in vain - proof of what it can do is evident with the BCCU.
The epidemic of anti-unionism must be stopped; it is fuelled by media misrepresentations, employer bullying, lies, and feigned ignorance. Solidarity in the face of all these criticisms is the key to success in any union dispute. In the case of the BCCU and UBCJA, unions should not have to fight unions, and it is disheartening to witness such occurrences. However, it is important to have a union organizing on behalf of all members, and so the solidarity expressed by the brothers and sisters of the BCCU in successfully obtaining autonomy from the UBCJA is exemplary. It is just this kind of solidarity that TWU workers need to continue to demonstrate in the face of employer and public opposition to their union’s dispute. Unions play an important role in Canada’s economy, and this can no longer be ignored or bullied away. Solidarity is forever, and it’s time for employers to recognize this.
Make the Internet connection
Internet news and views of interest to Carpenter Union members can be reached through the BC Carpenters Union website at www.bccarpentersunion.com or at the union friendly website run by Local 2300 member Dave Livingston at: www.carpentersunionbc.com
Other sites of interest include:
BC Federation of Labour www.bcfed.com
CEP Western Region www.west.cep.ca/western_e.html
CBC lockout www.cmg.ca/
CLC home page www.clc-ctc.ca
Canadian Autoworkers www.caw.ca/index.asp
CUPE BC www.cupe.bc.ca
TWU Lockout www.twu-canada.ca/
Labour Start (labour news) www.labourstart.org/canada/
Straight Goods (news) www.straightgoods.com/
Working TV www.workingtv.com/index.html
Carpentry Workers Plans: www.cwbp.ca/index.shtml
David Shreck (analysis) www.StrategicThoughts.com/
The Tyee Online (news) www.thetyee.ca
Contact your Local Union for Local Union websites (web note: some Local links are here and here)
