06 March 2009

CanWest newspaper's expensive legal battle
against cost-saving measure baffles union

Victoria-Vancouver Island Newspaper Guild | CWA Canada Local 30223

Union leaders at the Victoria Times-Colonist are baffled by management's decision to waste money on unnecessary litigation at a time when debt-ridden CanWest, the newspaper's owner, is fighting to stave off bankruptcy.

Chris Carolan, president of the Victoria-Vancouver Island Newspaper Guild, says the union will be going to expedited arbitration next Wednesday over the employer's refusal to grant an unpaid leave of absence.

Not only does the denial violate the Guild's contract, but it flies in the face of a directive from CanWest to grant unpaid leaves of absence as a cost-saving measure.

"The Guild finds this attitude by local management cavalier and odd in these difficult financial times for CanWest," the executive says in a bulletin to members.

Carolan says a copy editor had, on Nov. 25, requested an unpaid leave for the month of February 2009. The employer cited disruption of the editorial department as one of its reasons for denying the request. However, says Carolan, at the time the request was made, only one other desker was scheduled for two days off in February. He notes that it is permissible for two deskers to be off at any given time.

The Guild, which cannot leave the blatant violation of its contract unchallenged, "is at a loss to understand why local management is prepared to throw away company money (as well as ours) on this arbitration," says the bulletin.

John Hutchinson, a highly regarded former president of the Local who is now retired but continues to follow labour issues, slams management of the Victoria daily for its "dogmatic approach of fighting the Guild come hell or high water."

"This bloody-minded attitude appears to be a corporate mentality as, even under previous ownership, the vast amounts of money and resources spent going to arbitration after arbitration — with a company loss rate of up to 85 per cent — has been, and continues to be, amazing," says Hutchinson.

"I do understand, when in a few cases it is a corporate principle issue, but most of our disputes/grievances are resolvable if both parties are reasonable, pragmatic and listen to their legal advice," he says. "I am at a loss to understand how in today's reality the local management can continue with the litigate-to-the-death mentality."