Letter of Understanding #1
Between: JJM Construction Ltd.
And CLAC Local No. 67
DATED at Vancouver, BC, this 9th day of May 2003.
The Firestone Case: CLAC works with anti-union employer to ‘raid-proof’ workplace
In 2009, the Alberta Labour Relations Board ruled that “CLAC was a willing participant” in an employer’s strategy to eliminate opportunities for trade unions to organize workers.
Think CLAC will respect your right to choose unions? Read this first.
Suncor runs a large mine and plant in the oil sands. In 2005, Suncor started a major expansion called the MVU Project. Flint Energy Services was the successful bidder to build a large part of the MVU Project.
Flint is a non-union contractor, so it would have been exposed to union organizing drives. In order to protect itself against union organizing drives, Flint sub-contracted some work to a company it controlled call Firestone, which was certified by CLAC. That’s where the troubles began…
According to the Alberta Labour Relations Board:
“‘Raid-proofing’ is an entirely accurate description of the strategy it followed.” (Alberta Labour Relations Board, Firestone decision, May 19, 2009, paragraph 264)
“We wish to again be clear that the finding that Firestone unlawfully gave support to CLAC rests upon its decision to initiate, negotiate and execute the early renewal agreement and close the looming open period.” (287)
“Firestone’s motives are thoroughly tainted by the anti-building trades animus. Anti-union motive includes a preference of one union over another; and just as for a general antipathy to all trade unions…” (283)
“For its part, CLAC was a willing participant in Firestone’s strategy. It acted, wholly or in part, in common purpose with Firestone to eliminate opportunities for raids by the building trades unions…for the most part, it co-operated and collaborated in Firestone’s raid proofing strategy, even if it did so for its own ends and in pursuit of its own interests.” (265)
Would a real union collaborate with an anti-union employer?
CLAC works closely with the anti-union Progressive Contractors Association of Canada (PCAC).
In 2006, CLAC was invited to attend a PCAC board meeting. Here’s what they decided behind closed doors:
"The Progressive Contractors Association of Canada Board met on February 1, 2006. It was a productive meeting which included two guests: Dave Ross from McLennan Ross and Co Vanderlaan from the Christian Labour Association of Canada ...
... Given the importance of this matter and the importance of mobility of workers from the Building Trades to CLAC, our Board is very interested in this matter.
Our board also discussed some British Columbia initiatives. We are in the process of organizing an Open House sponsored with CLAC out of British Columbia so that we can increase our presence in the British Columbia market."
The Progressive Contractors Association of Canada (PCAC)
Executive Directors Report
Period Ending February 28, 2006
Finning Canada laid off unionized workers, opens new shop, opens the door for CLAC
In 2005, Finning announced the closure of its CRC facility in Edmonton and 160 workers with the International Association of Machinists and Aerospace Workers Local Lodge 99 (IAM 99) lost their jobs. At the same time, Finning opened another shop, OEM Remanufacturing (OEM), and invited CLAC to represent the workers.
After years of effort by Alberta's labour movement, the Alberta Labour Relations Board ruled in January 2011 that IAM 99 had successorship rights to the workers at OEM and revoked CLAC's bargaining certificate. OEM workers will soon get a chance to choose in a runoff vote who represents them - a real union or CLAC
Canadian National Resources Limited chooses CLAC
In September 2004, Canadian National Resources Limited (CNRL) applied to the Alberta government for a special designation that would allow them to get around provincial construction agreements at the new Horizon oilsands development near Fort McMurray. They wanted to be able to negotiate one collective agreement for all contractors.
Guess who they chose...
"In their September 28, 2004 document, CNRL expressed the sentiment that a project agreement would be negotiated with the Christian Labour Association of Canada (CLAC)."
Advice to the Minister
Alberta Human Resources and Employment
September 29, 2004
Why did CNRL want to sign a deal with CLAC? Because the unions affiliated with the Alberta Building Trades Council (ABTC) were sticking up for their members for overtime pay and other issues. Time to bring in CLAC:
"In this case, however, it appears that CNRL has been seeking some relief from the ABTC-negotiated general provisions of overtime and scheduling and as such is interested in naming a CLAC-affiliated contractor as principal contractor. If CNRL, or its designate, first negotiates a project agreement with CLAC, it may be able to bring pressure to bear on the building trades unions to agree to similar terms."
Advice to the Minister
Alberta Human Resources and Employment
October 13, 2004
In February of 2006, after getting their special designation, CNRL met with a Chinese company (HQCEC) to discuss details of a subcontract for some of the work at Horizon. In the minutes of the meeting, CNRL suggested that HQCEC sign up with a particular organization. Guess who...
"CNRL highly recommend that HQCEC join the CLAC labour group."
Conference Notes/Minutes between Canadian National Resources Limited (CNRL) and
the China Huanqiu Contracting and Engineering Company (HQCEC)
February 7, 2006
Vertex Construction Services
Another case that was heard by the Alberta Labour Relations Board shows pretty clearly that CLAC is the choice of employers. It also shows why - to keep other unions out:
"...Vertex contacted the Christian Labour Association of Canada ("CLAC") with an offer of voluntary recognition with a view that Vertex would likely be facing certification applications from the building trades unions."
Alberta Labour Relations Board
Vertex Construction Services Ltd. decision
March 17, 1999
Page 2, paragraph 1
Not only was CLAC invited in by Vertex, but Vertex did everything they could to make sure that CLAC wouldn't have any problem getting to the workers:
"CLAC was invited by the employer to enter into a collective bargaining relationship, obtained a document purporting to be a signed collective agreement, was advised of the locations at which employees were working, and given access to those locations which constituted prohibited support..."
Alberta Labour Relations Board
Vertex Construction Services Ltd. decision
March 17, 1999
Page 2, paragraph 6
Why else chose CLAC? The employer wanted lower wages for its workers.
"Representatives of Vertex were attracted to the ‘multi-trade’ aspect of CLAC, as well as a more competitive pay structure."
Alberta Labour Relations Board
Vertex Construction Services Ltd. decision
March 17, 1999
Paragraph 14
At the end of the day, CLAC was chosen by the employer to keep other unions out. As the Alberta Labour Relations Board put it in their decision:
"It illustrates that Mr. Acheson [a manager] ... was willing to use CLAC in order to undermine Local 955's attempt to represent the employees."
Alberta Labour Relations Board
Vertex Construction Services Ltd. decision
March 17, 1999
Paragraph 19
Our research shows that CLAC is the choice of many employers...whose side are they on, the workers or the bosses?