08 October 2003

Guild barred from emailing members at work
during one-union campaign at CBC

Canadian Media Guild | TNG Canada Local 30213

As the result of a complaint from a rival union, the Canadian Media Guild has been temporarily barred from emailing its members at their CBC workplace. The Canada Industrial Relations Board decision could ultimately affect every union in the country.

Paul Lordon, chair of the CIRB, has ordered the Guild to "cease and desist from communicating with its members" using CBC email addresses for the duration of the one-union campaign under way at the public broadcaster. The campaign's mail-in voting begins Nov. 3 and ends Dec. 12.

The Communications, Energy and Paperworkers (CEP) union, which is squaring off with the Guild in the one-union battle, had complained to management that CMG had "unfair access" to members via email. That complaint triggered the hearing by the CIRB.

The CBC responded to CEP's complaint by immediately placing a block on all Guild emails.

Lordon's decision focused on the current campaign between CMG and CEP, but it does not say whether the Guild will be free to email its members once the vote is completed.

Though Lordon has not released his reasons for his decision, and because he doesn't deal with the issue of future rights, CMG president Lise Lareau says this decision could have "devastating consequences for all unions — including CEP — that try to communicate with their members on workplace email."

"My concern is that employers will take this decision and try to use it to block union access to its members in other workplaces," she adds.

"The decision is unfortunate and unfair. Lordon is denying our Guild members access to their preferred method of communicating with their union, because another union chose not to use the same method of communicating. It's taking away an established practice used by the majority, in the interest of perceived fairness."

The Board has ordered the parties to meet to discuss CEP email access, and Lordon says he will make a further order on the matter by Oct. 18.

"Any decision that allows an employer to block a union from communicating directly with members at work is a troublesome development," says the lawyer who argued the case on behalf of the Guild, Jim Hayes.

During the Board hearings, CEP complained that the Guild had "unfair access" to its members by using CBC email addresses. CEP complained that it was not given access to the CBC addresses by the CBC.

What was totally ignored by the Board, CEP and the CBC is that the Guild compiled its address list over a two-year period by asking all its members what email address they preferred the Guild to use. More than 75 per cent of the Guild's members at CBC requested that the Guild use their CBC address.

"What concerns us all about the decision," says Dan Oldfield, senior staff representative of the CMG, "is that this cease and desist order will interfere with the union's very ability to do its job on behalf of its members."

Emails that have been blocked because of the CEP complaint include information about an agreement on re-use rights for freelancers that may affect dozens of members as well as other vital information. The ban will also affect the Guild's right to inform members on other important matters such as changes in benefit coverage, working conditions and Corporation policies.

Guild officials are considering all legal options to pursue the matter, and also plan to alert the president of the Canadian Labour Congress about the potential consequences of the email decision on unions across the country.

(This story first appeared on the Canadian Media Guild web site.)