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12 May 2004
Subject CBC to whistle-blower law;
address employee concerns, says Guild
Canadian
Media Guild | TNG Canada
Local 30213
Canadian Media Guild representatives will attempt Thursday to convince
federal politicians that proposed whistle-blower legislation must apply
to the CBC but that it needs to better address employees' concerns.
The TNG Canada/CWA Local is also calling on Corporation president Robert
Rabinovitch to re-examine his objections to Bill C-25, which leave the
impression that the CBC doesn't believe it needs to be as transparent
as other organizations in the public sector.
The Guild has already raised its concerns about Bill C-25 in two public
settings: in early March at a roundtable, and later at a meeting of federal-sector
unions, after the Bill had gone through first reading. The Guild is scheduled
to appear before the Government Operations Committee tomorrow.
Rabinovitch speaks of his concerns with the proposed legislation in
a letter to
the federal government and asks that the CBC be removed from the list
of Crown Corporations that would be subject to the law.
The Guild disagrees fundamentally with Rabinovitch's position, which
appears to be that, by being subject to a federal law that applies to
all Crown corporations, the CBC and its employees would somehow be unable
to be neutral enough to fulfil their mandate of informing Canadians.
Bill C-25 is meant to deal with public servants, including employees
of Crown corporations. CBC employees are public servants in that the
Corporation was created by a government Act to fulfil a public mandate
and it is funded by taxpayers. Rabinovitch seems to believe that being
a public servant means that one must be directly employed by the government.
CBC employees are not government employees, but the Guild believes that
employees of a national public broadcaster such as the CBC can and must
be seen as public servants.
Rabinovitch states correctly that the CBC needs to be objective and
fully independent of government. However, the Guild maintains that that
does not mean that CBC employees should be denied the right to speak
out about wrongdoing. Given that the Corporation is already exempted
from the Access to Information Act, it is imperative that employees have
some avenue to speak out, and some measure of protection if and when
they find it necessary to blow the whistle on wrongdoing. The Guild has
long argued for a more open and transparent management culture at the
CBC.
Although the Guild disagrees with Rabinovitch's reasoning, it does not
whole-heartedly endorse Bill C-25 in its current form. For example, as
the Bill stands, an employee who believes that wrongdoing is happening
or about to happen would be obliged to raise those concerns internally
before going to any federal officer or to an outside media outlet. Although
this respects the principle of the duty of loyalty to the employer, the
Guild believes that employees might be discouraged from revealing any
wrongdoing if the dirty laundry has to be aired internally first.
Furthermore, in cases where an employee suffers reprisals (disciplinary
action, harassment or dismissal), resolving the issue would mean going
through either the internal grievance/arbitration process or by way of
a complaint to the Canada Industrial Relations Board. Neither of those
solutions offers the degree of protection CBC employees, and all other
public servants, deserve.
(This story first appeared on the Canadian
Media Guild web site.)
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