23 November 2004

Complaint alleges corporation
trying to undermine bargaining — again

CBC bargaining update

Canadian Media Guild | TNG Canada Local 30213

An unfair labour practise complaint has been filed with the Canada Industrial Relations Board (CIRB) alleging that the CBC is — once again — attempting to undermine the Guild in collective bargaining.

The accusation is serious, and the decision was not made lightly, but the Canadian Broadcasting Corporation’s actions over the past few months have made it necessary.

Back in 1993, the Corporation launched an initiative called “Opportunity for Change.” CBC managers met with small groups of employees in an attempt to convince employees that changes had to be made in working conditions, to tell them that the CBC is in a constant battle for survival and that more and more concessions would be necessary at the bargaining table. The CIRB’s predecessor, the Canada Labour Relations Board, ruled that the Corporation was trying to change employees’ working conditions without dealing with the employees’ chosen bargaining agent, i.e. the union. Opportunity for Change died a quiet death.

In 2003-04, the Corporation has started not one, but several rounds of meetings with small groups of employees, under the guise of “news integration” or “Working Knowledge.” In every case the objective is to show employees how much more is needed from them, that the CBC is in a constant battle for survival and that more and more concessions will be necessary.

Senior management at the Corporation has been working for some time on a campaign designed to win over the hearts and minds of CBC employees. Some of the tactics are inoffensive but insidious: for example, the CBC continues to tout its inclusion as one of the “top 100 employers in Canada.” Unfortunately, this so-called recognition doesn’t take employees’ needs into account at all: The enterprises included in the “Top 100” apply for the privilege, and no employees are ever consulted by the authors of the book.

Other tactics used by the CBC are not so subtle. For example, in a recent bargaining communiqué, the CBC claimed that its contract demand to hire all new employees on a non-permanent basis would not affect staff as individuals. This is clearly false: if every new employee is hired as a disposable contract employee, all staff members are affected in terms of individual job security, as well as the ability to bargain collectively.

In recent weeks the Corporation has also been misusing the results of the last employee survey. When the CBC signed its contract with Hay Management Consultants to undertake the last survey, both Hay and the Canadian Media Guild were given assurances that the information gleaned in the survey would not be used to undermine the collective bargaining process. However, in communications to members, as well as at the bargaining table, the CBC has used the results of one unfortunately-worded survey question about employee performance to link the Performance Management/Staff Development process to the discipline/discharge process.

The Corporation’s immediate response to the Guild’s complaint shows its disdain for true dialogue in the workplace. In its November 22 communiqué, the CBC says: “Like you, CBC believes that it is important to have regular ongoing communication with its employees on matters pertaining to the strategic direction of the organization.” On the other hand, it’s worth pointing out that the CBC is still dead set against allowing employees’ representatives to communicate with their colleagues. The Corporation is still trying to prohibit employees from receiving communications from their union via e-mail. An arbitration hearing on this matter is scheduled to start Nov. 26.

The Guild is not opposed to having an employer communicate with its employees; on the contrary, the CMG continually urges CBC management to operate in a more transparent manner. The Guild just wants to make sure that there are no unlawful or inappropriate communications that undermine the collective bargaining process.

If the CBC truly wants to win the hearts and minds of its employees, it would do well to respect the law and negotiate with the union in good faith. Past experience suggests that the Corporation will more likely fight the Guild's complaint with every ounce of its willpower, and every taxpayer-funded nickel it can muster.

For more information on this matter, please contact Glenn Gray or Dan Oldfield, or call the Guild office at 1-800-465-4149 or 416-591-5333.

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