Union wins major interpretation over contracting out in logging sector FOLLOWING YEARS OF of fighting back, the union has won a B.C. judge’s binding legal interpretation which “will contracting out of jobs,” says IWA nation- al president Dave Haggard. On January To, Justice Kenneth MacKenzie upheld the “no jobs loss due to contracting out” provi- sions of the Coast Master Agreement. His ruling says that companies can’t avoid the provisions of the col- lective agreement by saying they have “sold” a portion of their operations. If there wasn’t a “plain language” understanding of the agreement’s contracting-out section, Mr. McKenzie notes that employers could “unilater- ally avoid” relevant sections when dis- posing or selling their assets. He says if the sides would have planned to exclude sections, they would have done so explicity. The case applies to contracting out of Weyerhaeuser jobs to two logging firms on Vancouver Island (in Locals 1-80 and 2171). Brother Haggard says that the upholding of contracting out language from the 1986 strike is an important win. “This interpretation tells us that the victory we won still stands — employers simply can’t throw IWA members out of work through the sleight of hand of pretending to sell a portion of the business to what is simply a contractor.” The decision was rendered at a cru- cial time in coastal forest industry negotiations with Forest Industrial Relations. Following a three week strike in November and December of last year, both sides agreed to be legis- lated back to work with the assistance of government-appointed mediator Don Munroe (see article page three). In early January, Mr. Munroe appointed two industry umpires to deal with some 80 other contracting out grievances that have piled up. Haggard says the industry needs to work with the union to reach a fair agreement and deal with the serious issues at hand. MEDIATED NEGOTIATIONS © PAGE 2 NEWS FROM THE INDUSTRIAL, PHOTO BY NORMAN GARCIA = At Morrison food services, the IWA’s Shoba Ali (I.) votes on committee elections with Natasha Singh. Changing face of the IWA Fraser Valley Local 1-3567 continues to lead organizing in private health care services field D | D you realize the fastest area of growth in the IWA is in the private health care sector field? In the past year, the IWA Local 1- 3567 has been organizing new groups of private health care workers throughout the Lower Mainland, Fraser Valley, Howe Sound and Pemberton regions, southern Vancouver Island and Sunshine Coast by signing partnership ents with major private health care ser- yices providers: Aramark, Compass Inc. and Sodexho. The influx of new IWA members (at press time Local 1-3567 claimed over 3,500 new members in the field), many who have never been union members before, is a challenge that the local union is taking on with much energy, determination, and success, says Dave Haggard, IWA National President. “It’s very obvious that the growth of our union with this many new mem- bers (see page nine and photos pages ten and eleven) will have an impact on the types of services our union will have to provide in the future to meet the needs of our new membership.” Ata time when the local union is consolidating its presence in the field, with hiring hall agree- ments that sign up potential new workers, it has been out in the field to educate the new member- ship about the IWA and what the partnership agreements can do to assist them. “The face of the IWA is changing, both literally and figuratively,” says Haggard. “It’s a challenge we welcome.” MARCH 2004 VOL.69 NO.1 WO0)D) AND ALLIED WORKERS OF CANADA IWA NATIONAL EXECUTIVE BOARD OK’S PROCESS TO MERGE INTO THE USWA IWA and Steel are heading for merger talks THE IWA CANADA NATIONAL Executive Board has approved a plan to merge with the United Steelworkers of America, the highly-respected international affilate of the Canadian Labour Congress and the American Federation of Labour- Congress of Industrial Organizations. After holding discussions with five big unions (see article page two), Steel has been chosen as the most compatible alternative for the IWA to join. IWA Canada national president Dave Haggard says the USWA’s structure is compatible with the IWA’s. “It is a democratic, industrial union which respects democ- racy and local union autonomy and has a reputation built on providing quality services. Those are the fun- damental principles the IWA was built on too.” Brother Haggard says USWA local officers are elected by referendum ballot from within their locals and that the elections for International, National and District officers are set for November 22, 2005. Steel has large single plant locals and amalgamat- ed locals, much like WA geographical locals. Those locals can and do have full-time local officers provid- ing service and governing local affairs. In prelimi- nary discussions, Steel has said the IWA’s locals across Canada will be welcome. The International Union, based in Pittsburgh, Pennsylvania, allows for the creation of “special” by-laws for amalgamated (geographical locals). Brother Haggard says the objective of the merger is to maintain services at the local level and enhance addi- tional services like education, lobbying, communica- tions and research. “The Steelworkers will give our membership more clout and better services,” says the union president. “Whether it is in collective bargain- ing, on the picket line or the political arena, the merg- er will benefit IWA members all over Canada.” A multi-step process (see page two) will see both sides attempt to negotiate the merger agreement. If that is successful, a national referendum ballot will be held on the merger.