September 28, 2012 - No. 122

Canada Post's Nation-Wrecking

Blackmail to Extort Concessions from Postal Workers

Canada Post's Nation-Wrecking
• Blackmail to Extort Concessions from Postal Workers - Louis Lang

Health and Safety in Northern Alberta
• Workers Oppose Suncor's Attempt to Impose Random Drug Testing - Interview, Roland Lefort, President, Communications, Energy and Paperworkers Union of Canada Local 707, Fort McMurray

7th Annual Sisters in Spirit Vigil
• All out to Smash the Silence and Demand Justice

Quebec Government Decree
• Students Celebrate Reversal of Fee Hike and Remain Vigilant
• Call to Victims of Political and Police Repression During Student Strike
• Demonstration Celebrates Students' Victory and Announces Continuation of Struggle

Coming Events
• 3rd Annual Pupusa Festival and Visit of Vice President of El Salvador to Toronto

Canada Post's Nation-Wrecking

Blackmail to Extort Concessions from Postal Workers

- Louis Lang -

Canada Post recently made a global offer to the Canadian Union of Postal Workers, claiming that it is the only way to avoid final offer arbitration imposed by legislation passed by the Harper government over a year ago. No progress has been made in the arbitration process because the union's objections to the first and then the second arbitrator appointed by the Minister of Labour, were both upheld in the Court of Appeal and in both cases the Minister was ordered by the Court to appoint a new arbitrator.

The first arbitrator was removed on the grounds that he was not bilingual and had no experience in labour relations. The union objected to the second arbitrator when it became aware that he had worked for Canada Post from 1998 to 2003 as a lawyer during the pay equity dispute with the Public Service Alliance of Canada. He was also with the Conservative Party of Canada until 2010.

In his August 2012 decision, the Federal Court judge said in part: "In light of the unique context of labour relations and the special Law, the Court concludes that a reasonable and sensible person might worry that the arbitrator is biased because of these two reasons."

The Minister of Labour has yet to appoint a new arbitrator. In short, since back-to-work legislation was passed, the entire process has been stalled because of the government's failure to appoint an arbitrator who is acceptable under Canadian law.

As a result, the old contract which expired January 31, 2011 is still in effect. This has prompted Deepak Chopra, CEO and president of Canada Post to declare this a "catastrophic situation" where "the future of the corporation" is at stake.

The new "global offer" of the corporation is based on this premise. In a letter sent by Chopra to all postal workers, he tried to justify the new roll backs and concessions demanded by the corporation:

"Let's be clear, the revenues which are disappearing pay our salaries and benefits. The reality of today's market is radically different from what it was in 2011. As a result, without a doubt, it is no longer possible to preserve what we thought we could preserve at the beginning of last year."

The "global offer" contains new demands for roll-backs and concessions from the workers which were not part of Canada Post's demands in negotiations in 2011. In addition to the introduction of a two-tier wage system, new employees would be subject to significantly lower vacation leave benefits. Any employee hired after January 31, 2011, would not be covered by the present job security clause until after five years or more of continuous employment as a regular employee. Further, new employees would not be entitled to job security within 40 kilometres of their postal installations until after 10 years or more of employment. It should be noted that job security clauses based on "regular employees," do not include any time worked as a temporary or casual employee. Since the vast majority of employees are initially hired as temporary employees before becoming regular employees, the actual time periods required to qualify for the job security clauses will be far greater.

The global offer also specifies that regular employees hired on or after September 12, 2012, will no longer be entitled to a paid meal period. (This includes existing and new temporary workers.) New employees would also be excluded from the defined-benefit pension plan and would be part of a defined contribution plan.

For current employees, the global offer demands that effective January 1, 2013, their future service would accumulate under a new defined benefit pension plan based on an early retirement eligibility for an unreduced pension at age 65 (currently at age 60) with two years service. The other option being proposed is an unreduced pension at age 60 with 30 years service which under the current contract is at age 55 with 30 years service.

The global offer introduces a new and vicious attack on workers' benefits in the clause on Post-Retirement Health Care Benefits. The corporation wants to introduce a new plan for employees who retire on or after January 1, 2013. Under the new plan annual premiums would be $1,642 for single coverage and $2,988 for family coverage.

This would more than triple the cost of health care insurance for retirees. Presently the corporation is required to contribute 75 per cent to the medical portion of the Extended Health Care plan and the contribution of the retiree is 25 per cent. The goal of the corporation is to shift the whole burden of the health insurance onto the backs of the retirees. The global offer tries to hide this vicious attack by proposing to assist retirees with the huge added cost. They propose to provide employees who retire after January 1, 2013, with a "health care spending account" of $1,232 yearly for single coverage and $2,241 yearly for family coverage. There's no indication how long this "spending allowance" will be provided. In spite of the assurances of the corporation, such proposals create a great deal of insecurity for retirees with no assurance of affordable health care coverage as they plan their retirement.

The global offer also proposes changes to the Appendix in the contract that covers contracting out. The changes being proposed would allow the corporation to contract out work now done through the Video Encoding System and reduce the number of retail counters the corporation is required to maintain.

Of course, the global offer reaffirms the previous demands for a two-tier wage system for new employees, replaces sick leave benefits with a new short term disability program and reduces benefits for employees on approved Injury on Duty leave from 100 per cent to 75 per cent.

We can see from the global offer what Deepak Chopra means when he says he wants to put the corporation "on solid ground." In his view Canada Post will be successful if it can seize more of the value created by the workers who provide postal services and at the same time continue privatizing the most profitable of the postal services and dismantling the post office which was established on the basis of providing universal postal service to all Canadians.

Canada Post and the Federal Government have squandered hundreds of millions of dollars in the past thirty years, fighting against public service workers who filed grievances in the early 1980s against pay equity violations mainly against women working in the federal public service and Canada Post. During this time every single arbitrator and all levels of the judiciary upheld the position of the workers that the federal government had violated its own pay equity laws. Yet both the Treasury Board and Canada Post refused to abide by these decisions and wasted a vast amount of money and resources and appealed each decision up to the Supreme Court where they also lost and were humiliated.

It is ironic that Canada Post's violation of pay equity legislation is costing it hundreds of millions of dollars which must be paid to all those who were deprived of equal pay for work of equal value. This is a large part of their so-called deficit from last year and yet they're shamelessly presenting a global offer now which more than ever violates the fundamental principle of pay equity.

Their proposal would have workers who became employees on different dates performing the same work, side by side, with less wages, less vacation benefits, an inferior pension plan, no paid lunch etc. etc. To make matters worse, they want to justify what cannot be justified and they want to legalize what is illegal by using federal legislation to bully the workers and the union into voluntarily accepting to give up the rights they have fought for and won in the past.

This shows the irrationality of the system which is not capable of providing a decent future for the people. Postal workers and all Canadian workers far from sacrificing their livelihood must fight tooth and nail against any attempts to strip them of their rights and drive them into poverty.

Health and Safety in Northern Alberta

Workers Oppose Suncor's Attempt to Impose
Random Drug Testing

- Interview -
Roland Lefort, President, Communications, Energy and
Paperworkers Union of Canada Local 707, Fort McMurray

TML: Local 707 recently reported that Suncor is trying to impose random drug testing on the oil sands workers in Northern Alberta and that the local is taking the stand that this must not pass. Can you tell us more about it?

Roland Lefort: Suncor along with other industry players in Northern Alberta have decided to implement random drug and alcohol testing starting October 15. This means that people will be -- without cause, just a random selection process -- brought in to provide urine samples to determine whether or not there is any illicit substance in their streams. Random testing would mean that whoever Suncor assigns to do the testing -- they will probably have a contractor doing that -- will ask a computer to pitch out a number of names on any day of those who are on the work sites. These workers will be brought in and told that they have to give a sample.

Suncor is arguing that it is strictly about safety, that it is basically a deterrent to people using drugs. The union says it is a total breach of privacy, a denial of basic human rights and we are challenging their decision to implement random drug testing. Under the Charter, Canadians have a right to some dignity. If we look at this in terms of society for example and compare it to the ability of the RCMP to demand a breath sample, there has to be cause. The Supreme Court has already made rulings on the issue. The RCMP can pull you over but they cannot demand a sample unless they have cause. That cause could be your behaviour on the road or that there is an open bottle of beer in the back seat, but they have to have cause.

The company is using a court ruling from the early 2000s about Imperial Oil where the Supreme Court allowed random drug testing in "safety sensitive" positions. So now the industry is basically contending what is safety sensitive. It is reaching out in the oil sands, challenging the idea of safety sensitive and expanding its definition in order to draw in more and more people.

We want to stop the trend where testing becomes a way to breach privacy. There are other types of testing that are being done in many industries. Post-incident and pre-employment testing are prevalent. In most of the programs that are out there, there is some kind of reason attached. This is already happening here in Northern Alberta. They are just going for further infringements.

Their argument is that if you test positive we terminate you unless you have an addiction, because then there is a whole illness process and an accommodation process. Their true intention is to deter people from using these substances on their days when they are not working. It is not designed to catch people using at work, it is designed to deter people from using drugs all together, smoking a joint on your days off for example. It is about companies reaching out to control your lifestyle outside of the time that you give them at work.

Local 707 is challenging this argument. With this argument, the companies suggest that peoples' lifestyle and behaviour outside of work put the companies at risk. This argument is also a way for the companies to shift the problem of safety all back on the workers.

TML: How are you fighting on this issue?

RL: The local is using two processes. First the arbitration process. We are trying to set ourselves up for an arbitration hearing prior to the implementation of these measures. We are working on that, hoping to get a decision before then; time is running out on us. We may be able to achieve a stay, to get an injunction against them until the decision is made.

Our second process is the Supreme Court of Canada in a case that is going to be heard on December 7 on random drug testing involving Irving Oil and CEP Local 30. They went through the arbitration and appeals process in New Brunswick. Now they are heading to the Supreme Court. What we have done is apply for intervenor status on that case to have the opportunity to present our position, to expand on the position that Local 30 is taking and put it in the context of Northern Alberta. We have been granted leave so we will be providing a written submission to the Supreme Court and then the Supreme Court Justices will decide who amongst those that have been granted leave to intervene will be given the opportunity to present orally at the case.

In a way, our written submission will form part of the decision of the Supreme Court Justices on this matter. We truly believe that the decision on the Irving case will set the direction for us. We will be implicated no matter what, so we want to participate in shaping that decision.

7th Annual Sisters in Spirit Vigil

All out to Smash the Silence and Demand Justice

Newfoundland & Labrador | Nova Scotia | New Brunswick | Prince Edward Island | Quebec | Ontario | Manitoba | Saskatchewan | Alberta | British Columbia | Northwest Territories | Nunavut | Yukon Territory | United States For further information, visit: www.october4th.ca

Every year since 2006, the Sisters in Spirit Vigil, organized by the Native Women's Association of Canada (NWAC) draws attention to the hundreds of missing and murdered Aboriginal women and girls across the country. NWAC decries the violence experienced by Aboriginal women and girls in Canada as a "national tragedy." In its call to communities and organizations to participate in the annual event, NWAC writes:

"Each year, family members, concerned citizens and Aboriginal community members gather on October 4th at Parliament Hill and across the country. We gather to honour our lost sisters and their families. We gather to show we are a united front. We gather to shed light on a crisis that affects every Canadian. We gather to pressure all levels of government to act and ACT NOW!"

On its website for the October 4 vigil, www.october4th.ca, the NWAC has posted the life stories of some of these women and girls. "Tragically, too many stories illustrate the social and economic marginalization of Aboriginal women in Canada. While some of their stories reveal experiences of poverty, abuse or addictions-issues often associated with increased vulnerability or so-called 'high-risk' lifestyles-many of these women and girls were 'vulnerable' only insofar as they were Aboriginal women. We agree with other knowledge seekers that these women were simply in the wrong place at the wrong time in a society that poses a risk to their safety. They were targeted because they were Aboriginal, and it was assumed that either they would not fight back or they would not be missed."

The NWAC reports that as of March 31, 2010, it recorded information for 582 cases of missing or murdered aboriginal women. Nearly half of the murder cases remain unsolved. Most Aboriginal and human rights organizations agree that the actual number of women and girls missing or murdered is much higher. It is noteworthy that the NWAC's data only goes until two years ago because that is when the Harper government's March 2010 budget ended funding for NWAC's Sisters in Spirit research and data collection project on the missing and murdered Aboriginal women.

Instead of funding Sisters in Spirit's research, community work and actions, the government claims it will divert these resources to a generic RCMP-led missing persons database, as well as vastly facilitating police power to obtain warrants and to install wiretaps. Many believe that both of these police privileges will be used to further allow the government of Canada's criminalization of Native communities rather than increasing the safety of Native women.

The reality is that Native women in Canada are at least five times more likely to die of violence than non-Native women, the brutal legacy of "colonial justice" in Canada. The racist and sexist government policies, stereotypes of Indigenous women, a lack of media attention, cuts to funding and police negligence all contribute to, and indeed perpetuate this violence.

The number of communities holding Sisters in Spirit vigils has grown from 11 in 2006 to 84 in 2011. Presently, 129 communities will hold vigils this year. TML calls on everyone to go all out to participate in the October 4 events with an aim to smash the silence on the situation and seek justice for Aboriginal women and girls and all First Nations peoples in Canada.

Quebec Government Decree

Students Celebrate Reversal of Fee Hike and
Remain Vigilant

Mass demonstration of Quebec students, Montreal, March 22, 2012:
"Socially responsible and against the tuition hike!"

TML salutes the Quebec students, teachers and parents and those who supported them during their courageous and persistent struggle against the tuition fee increase. The September 20 announcement by the new Parti Québécois government of the cancelation of the hike and a decree repealing the provisions of Law 12 (formerly Bill 78, the Special Law) was welcomed by students and their allies celebrating their victory while remaining vigilant.

Montreal, April 27, 2012

"Students should be well aware that it is their work in the spring and during the election campaign that allowed them to declare this victory today. That's what made the difference and now we are reaping the fruits of our labour," said Eliane Laberge and Martine Desjardins, presidents of the Quebec Federation of College Students (FECQ) and the Quebec Federation of University Students (FEUQ), respectively.

"This is the triumph of justice and equity," said Desjardins. "Collectively, we just wrote a chapter in the history of Quebec. Collectively, we just proved that we are able to hold our own and achieve one of the greatest victories of the student movement."

"The cancellation of the hike and the Special Law is obviously a priority, but we must quickly resolve problems with student financial aid," said Eliane Laberge. "Students, who have resumed their school session, currently have no government support. Order must be brought to the chaos of the start of the school year. [The new Minister of Higher Education and Research Pierre Duchesne] must work towards resolving this situation and look at the recent changes made by the Liberal government."

Regarding the Post-Secondary Education Summit to be held in the first 100 days following the election of the new government, the FECQ and FEUQ representatives said, "For the federations, the success of such a summit is largely based on its preparation. So as not to repeat the farce of [the Summit of] December 6, 2010, the government must establish a clear and precise roadmap with the modus operandi of the Summit. To help students and the public to correctly comprehend the students' reality, the government must publicize the study it regularly produces on students' living conditions, as soon as possible before the Summit."

"There is a lot of talk about university funding, student contributions, accessibility and quality. But there is little talk of university management and, more importantly, the objectives that we want to set to expand our university network. And I'm not even talking about all the issues that surround research. If we want this summit to be a success, preparation is the key. And it must implement solutions that will permit the work to continue," said Desjardins.

"Access to education for all -- a societal choice."

In conclusion, the FECQ and FEUQ presidents said, "We have always been committed to the future of Quebec and the future depends on, among others things and is not limited to, a high quality and accessible post-secondary education system. It is today's youth who have to endure tomorrow's challenges. Give them all the necessary tools and stop putting sticks in their spokes."

The Broad Coalition for Student Union Solidarity (CLASSE) also praised the courage and determination of all those who rallied in recent months. It also said that this victory is not the end of the struggle and the popular and student mobilization must continue.

"If the Parti Québécois today decreed a series of measures to respond to our demands, it is because we stuck to our principles and defended them in a combative and unifying manner," said Camille Robert, co-spokesperson for CLASSE. "In the future, our approach will succeed over any retrogressive measures." CLASSE reiterated that it remains opposed to any increase in tuition fees, including indexed cost of living. "Education is a public service that must remain accessible and not a commodity whose price varies depending on the market," said Jeanne Reynolds, co-spokesperson for the organization.

"We can be proud of what we accomplished, but keep in mind that the struggle for access to education does not end today. In this sense, we continue to defend free education as a social project," concluded Camille Robert.

The Quebec Student Roundtable (TaCEQ) for its part said it was pleased with the cancellation of Law 12 and the tuition hike announced following the first meeting of the new Cabinet. "There is no doubt that the student and popular mobilization in recent months has greatly contributed to the achievement of these goals," it said in a statement.

"We want a real discussion on post-secondary education in the context of this consultation. It must cover university funding as much as student debt and research, while not losing sight of the importance of the quality of education," said Paul-Émile Auger, general secretary of TaCEQ.

Montreal, July 22, 2012

(Translated from original French by TML.)

Call to Victims of Political and Police Repression
During Student Strike

The League of Rights and Freedoms, the Association of Progressive Lawyers and Broad Coalition of Student Union Solidarity (CLASSE) have launched a call to the victims of political and police repression since the spring. The call is a response to the fact that the Police Ethics Commissioner, which saw complaints increase by 14 per cent in 2012, rejected 46 per cent of all complaints filed during the student conflict, several of which were accompanied by video footage and witness testimonies.

The three organizations said during a September 27 press briefing that they intend to produce a report on human rights violations committed during the student strike. Victims and witnesses are invited to participate in the information gathering process with the aim of convincing the Marois government to hold a public inquiry. In this regard, a petition posted on the National Assembly website in June calling for a public inquiry has gathered more than 11,000 names in less than a month. A group of 131 teachers and Québec Solidaire also made the same request earlier this month.

The student strike which lasted just over six months resulted in 3,387 arrests. According to the Collective Opposed to Police Brutality (COBP) this corresponds to three times the number of arrests for the 1990 to 2010 period. In 2005, the United Nations Human Rights Committee, concerned with mass arrests, said that only a criminal act could lead to the arrest of a protester. With regards to preventive arrests, the League of Rights and Freedoms has already said that the concept of preventive detention does not exist in Quebec law.

"The new Minister of Public Safety Stéphane Bergeron said last week that he planned to see if an investigation into police work would be initiated. His statement appeared very timid to us, compared to the often brutal punishment suffered by protesters during the student strike," said Nicole Filion, spokesperson for the League of Rights and Freedoms. Since the spring, the League has been calling for a public inquiry into all the events that have occurred during the student strike. "The responsibility of elected officials should also be considered and victims of human rights violations must receive reparations. The investigation must also be an opportunity to reaffirm the need to preserve freedom of expression and the right to protest," she added.

The other two organizations have also emphasized the importance of knowing who gave the order for the arrests, including the mass arrests.

The three organizations said they have already received more than 100 accounts and hope to create the broadest possible list of cases of human rights violations that occurred in several cities in Quebec, including Quebec City, Sherbrooke, Gatineau, Montreal and Victoriaville.

"The student strike led to thousands of arrests, searches and arbitrary detentions and abuse," said Émilie Breton-Côté, representative of CLASSE's legal committee. "Some people were seriously injured, others were abused, intimidated and deprived of their right to protest for simply bringing to a public venue their message against a government that refused to listen. We cannot turn the page on these violations of rights and just shut up," she said.

The report will also analyze the legislative and regulatory provisions that the police used for their interventions. "The police have an entire legal arsenal that gives them discretionary powers to intervene. These powers can lead to profiling and, in the case of student protests political profiling was the issue," said Sibel Ataogul, spokeperson for the Association of Progressive Lawyers. "The public inquiry should also focus on these practices and target profiling laws and regulations that promote these practices."

People wishing to deliver their testimony are invited to do so by October 15, 2012 by visiting the League of Rights and Freedoms website.

(Translated from original French by TML.)

Demonstration Celebrates Students' Victory and Announces Continuation of Struggle

On September 22, at 2:00 pm, nearly 3,000 students and their allies answered the call of the Broad Coalition of Student Union Solidarity (CLASSE) and rallied in Lafontaine Park for the seventh monthly mass protest to celebrate their victory in defeating the tuition hike.

CLASSE spokespersons reiterated that the recent victory is the result of the strength built over the last six months, which must be carried forward. "This victory is an inspiration for social movements around the world that are also fighting austerity measures. The gains the Quebec student movement achieved are an exception, for now, and demonstrate that nothing is immutable in politics," said Jeanne Reynolds, CLASSE co-spokesperson.

Several thousand students adopted one-day strike mandates for the September 22 day of action, a day normally reserved for classes.

While the movement has made headway on the tuition fee question, CLASSE said, other issues persist in post-secondary education. Among these are the financing and allocation of research funding, student financial aid, quality of teaching and the governance of educational institutions.

"We would not be any further ahead if the tuition freeze was funded to the detriment of student financial aid or through cuts to teaching positions," said Reynolds. "In addition, many students are still in a precarious situation because of the suspension of financial aid payments for the end of the winter session. This is an urgent issue that the government must remedy," added co-spokesperson Camille Robert.

Before the march even started the police staged a provocation when they attempted to arrest a small group of demonstrators under the pretext that they were dressed in black and wore masks. Demonstrators intervened and succeeded in blocking the attempted arrest. They  chased the police away chanting, "No police in our demonstrations!"

The demonstrators took to the streets of downtown Montreal and once again received support from residents and tourists. At the corner of Guy and Sherbrooke streets, for no apparent reason, the police staged another provocation. They declared the demonstration illegal and attacked the demonstrators. They cited the municipal regulation adopted last spring by the City of Montreal that says demonstration organizers must give police an itinerary before the start of a demonstration. Two youth were arrested for being what the Montreal police called "disruptive elements."

This brutality against the youth and these arbitrary arrests once again highlight the need for an independent public inquiry into police behaviour. Quebeckers oppose the practice of permitting police to act like a power unto themselves that is not accountable to the public.

Education Is a Right!
Support the Just Struggle of the Students!

(Photos: TML, A. Guedon)

Coming Events

3rd Annual Pupusa Festival and
Visit of Vice President of El Salvador to Toronto

The parish of San Lorenzo Church in Toronto is hosting Toronto's 3rd annual Pupusa Festival. A pupusa is traditional Salvadoran dish made from a corn tortilla filled with a blend of cheese, pork and refried beans. The festivities will feature Samantha Galan y los Sipotes on Saturday and Sabor Latino from Ottawa on Sunday. All funds raised will go to sending two buses and two containers carrying 100 specialized beds for public hospitals to El Salvador at the end of the year, as well as two ambulances to Ecuador.

Guest speakers include Salvador Sanchez Ceren, Vice President of El Salvador, and officials from the municipalities of Panchimalco, San Marcos, Sociedad and Nueva Concepcion in El Salvador. Vice President Sanchez Ceren and the municipal officials began a four day visit to Toronto on September 28.

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