“Our new union, from the beginning, recognizes that the labour movement must innovate constantly: developing new ways of organizing, representing, inspiring, and empowering working people to demand more in life,” says Unifor’s vision and plan, one of at least twelve of its founding convention documents.
It is rare these days to hear a union call so boldly for workers to raise their expectations and demand more, and it is gratifying that Unifor is setting a high standard for what it will deliver.
Two other convention papers expand on Unifor’s ambitious plan to organize the unorganized, including the growing number of non-union workers who can’t get union rights under labour law that was drafted for a different time.
Unions have always been first and foremost about workers organizing to win the highest possible price on the sale of their labour, just as employers have always worked to undermine collective bargaining power in search of cheaper labour. Unions organize (and bargain, fight grievances, campaign, and take political action) to stop that from happening. But lately we have been failing miserably on the organizing front, in part because we rely so heavily on labour relations laws and organizing strategies that don’t work when it comes to the growing army of workers in non-standard employment, or in small and fragmented workplaces. Think of the hundreds of thousands of casuals, contractors, students, interns, domestic workers and the self-employed who are not deemed employees by law, or who fall out of the reach of traditional workplace organizing because they have no workplace.
Unifor is proposing to open the doors to these workers through Community Chapters. This idea of building unions by extending individual membership to workers who can’t get formally organized is not new. Several unions have done it in the United States. In Canada, the British Columbia Government and Service Employees’ union offered special associate membership to child care workers as a way to build a more cohesive force to press for better working conditions. I have been eagerly waiting to learn more about Unifor’s own take on the idea and at least some of my questions are answered in the convention paper, Broadening Union Citizenship.
Unifor is inviting non-union workers to approach a Unifor local union willing to open its membership. A local must seek permission from Unifor’s national officers (or the Quebec Director, if the local is in Quebec) to set up a Community Chapter for these workers. Once authorized, the local decides the precise form of the chapter, which is reviewed and approved by Unifor’s National Executive Board. Members who join must commit to membership for at least one full calendar year and pay at least four quarterly dues payments. Community Chapters are part of an existing local but Chapter members elect their own executive and hold their own meetings.
Unifor says it will provide members of Community Chapters information on their legal rights, offer them union education, and arrange access to benefits, such as group insurance and consumer discounts. But, the convention paper also states, “it is explicitly recognized that working people will not be able to enjoy the full benefits of traditional union membership (including protection of an enforceable collective agreement, representation, grievance systems, union-quality wages and benefits, etc.) unless they succeed in organizing a bargaining unit and negotiating a binding proposal.”
But why not go further and instead put energy into building chapters, or locals, that bring together workers from the same occupation or industry to exert collective pressure for some new form of collective agreement—one that can be enforced even in the absence of a legally recognized bargaining unit? In this way, rather than being a stepping-stone to formal unionization under law, community chapters would become full-fledged structures that engage in collective bargaining outside of the formal legal labour relations framework that does not address the realities of organizing in today’s workplaces.
For example, what if Unifor was to take on the challenge of organizing home-based child care providers, who in the past have been denied the legal right to organize into bargaining units. Unifor could organize them into a Community Chapter, provide them education and information, and give them group benefits, as suggested. But it could also help them, as a Community Chapter, to push for a different kind of union recognition from employers (or government) and a new and different kind of collective bargaining process—one that does not rely on organizing bargaining units, getting a formal certificate from the labour board and winning the legal right to bargain.
It would be difficult work, for sure. It is tough enough to force employers to recognize unions and negotiate fairly when the law requires it. Forcing a new kind of unionism will be met with formidable resistance from employers. Yet, unions have done this successfully in times past under much worse circumstances. Today, polls show that the vast majority of Canadians support collective bargaining. The Supreme Court has ruled that it is a constitutional right. And workers are not indiscriminately killed for organizing.
Even in the US where the labour movement is numerically weak, unions have been organizing in different ways and forcing recognition where the labour laws are either non-existent or woefully inadequate. Some US unions have made huge breakthroughs for groups of low-wage workers, many of them female workers of colour. In some cases they have forced standard collective working conditions on employers through municipal ordinances covering specific groups of workers, such as child care and homecare workers in both the public and private sectors. These “collective agreements” have raised income levels significantly and made it impossible for employers to force wages down by pitting worker against worker.
Nothing in Unifor’s convention document on Community Chapters precludes what I am suggesting, but neither does it explicitly say that the Chapters themselves would have as their central purpose winning collective bargaining rights outside the existing legal labour relations framework if necessary. To fulfil such a purpose would require that Unifor rely less on opening the door to workers who want to join, and more on going out and getting workers in chosen sectors to walk through. If 70 per cent of the workforce is outside of unions it isn’t because there hasn’t been a standing invitation to unionize. It is because we haven’t deliberately organized in a new way.
Organizing drives often start because one or more workers decide to unionize. But very few workers organize themselves. Organizing happens, especially in hostile times, when a union targets a group of workers or a sector and signs them up and then fights like hell for recognition and then a contract. It’s the only way to broaden union citizenship and that’s what Unifor needs to do for all those workers in non-standard employment. It can’t be left to chance. And so far, Unifor is the only chance these workers have.