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CLAC: The Choice of Employers
We
think that unions should be chosen by the workers they're going to
represent. But all too frequently, it seems like employers are doing
the choosing when it comes to CLAC. Take a look and decide for yourself...
In
September of 2004, Canadian National Resources Limited (CNRL) applied
to the Alberta government for a special designation that would allow
them to get around a provincial agreement on working conditions at the
new Horizon oilsands development near Fort McMurray. They wanted to be
able to negotiate one contract that all other contractors would be
bound by. 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? It seems that the Alberta Building
Trades Council (ABTC) unions were sticking up for their members when it came to being
paid for overtime 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
In another case involving the construction of temporary housing for
workers on the Horizon worksite, the efforts of PTI/Travco show the
lengths that some employers are willing to go to in supporting CLAC. In
the Alberta Labour Relations Board decision it said:
"The 9-member installation crew dispatched by Travco
to Fort McMurray on January 24th had all been transferred to Travco
from other PTI Group entities. That original crew was comprised of 3
labourers, 2 plumbers, 2 electricians, and 2 carpenters and when they
arrived in Fort McMurray the field manager took them to the CLAC office where they apparently all signed applications for membership and petitions to have CLAC seek certification on their behalf."
Alberta Labour Relations Board
Re: Applications
for certification as bargaining agent brought by
the Construction
Workers Union (CLAC),
Local No. 63 affecting Travco Industrial Housing
Ltd.
August 22, 2005
You know that you're the choice of employers when the managers are
bringing the workers to sign applications for "union" membership! 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? According to the evidence the Alberta Labour
Relations Board, Vertex also saw an upside when it came to wages:
"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
In yet another example of employers and CLAC getting along, CLAC was
invited to attend a board meeting of the Progressive Contractors
Association of Canada, an industry group that lobbies to make it easier
for their members to avoid unions. It sounds like the PCAC is pretty
fond of CLAC and are even going to try expanding with CLAC's help:
"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, 2006If CLAC is the choice of so many employers, workers should ask themselves how CLAC can be a good choice for employees.For even more information on employers choosing CLAC, be sure to check out our section on voluntary recognitions.
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