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Re: picket policy
We should be clear on the distinction.
These kinds of policies are political - they exist where people put them into their constitutions and by-laws, and they are only enforceable under those constitutions and by-laws - that, within the political framework of the organization itself.
They are not 'illegal' but they are also not legally enforceable. For example, an organization can set rules on who can run for election, and stipulate that members in bad standing can't run. They might set a 'fine' to be considered once again in 'good standing'.
But those sanctions cannot be legally enforced. That is, outside of the constitution, they are not enforceable.
Illegal? No. Legally enforceable? No. Policies such as these are recognized as political mechanisms, not legal ones. This is recognized by the organizations themselves. The article below is a few years old, but relates to the BCTF - one of the union's mentioned on this forum. You will see that the union leaders themselves acknowledge they have informal mechanisms, but cannot compel members to honour a picket line.
http://www.kamloopsthisweek.com/crossing-the-picket-line/
Hope this helps!
----- Original Message -----
From: "Evan Tiffany" <etiffany@sfu.ca>
To: "Brian Green" <brian_green@sfu.ca>
Cc: "academic-discussion" <academic-discussion@sfu.ca>, "JD Fleming" <jfleming@sfu.ca>
Sent: Sunday, February 23, 2014 2:08:56 PM
Subject: Re: picket policy
Brian,
Can you elaborate, please, as I am confused. James has cited several examples of unions that seem to have clear policies that compel respecting picket lines on pain of a number of penalties including monetary fines and expulsion from the union. Can you elaborate on the distinction between a "political" and a "legal" mechanism. Are you claiming that the policies of these unions are in fact illegal?
It seems that either (1) they are not illegal, or (2) they are illegal. If (1), then, as James suggested, the answers provided in the FAQ are false. If (2), then this implies that union leadership is sometimes willing to go so far as to ignore labour law and impose its own illegal policies in order to further its own agenda. In either case, I think you can see why many people would find this troubling and a potential downside to unionization.
Let me add that I am not anti-union. In fact, I am still leaning in favour. But I think it would help to be completely forthright about potential risks. I can't think of a single important issue about which there aren't genuinely good argument to be made on both sides; and in these situations it is a matter of deciding on which side the preponderance of the evidence lies. Perhaps the right thing to say here is that "Yes. It is possible for unions for punish picket-crossing. Or, yes, sometimes union leadership does try to strong-arm its membership. But in this particular case (i.e. an SFU union), this would be unlikely because it would take a vote of the membership." But I find that most of your replies to the worries raised by James and others tend to make me less inclined toward unionization, rather than more, as they come across as evasive rather than responsive.
Evan
----- Original Message -----
From: "Brian Green" <brian_green@sfu.ca>
To: "JD Fleming" <jfleming@sfu.ca>
Cc: "academic-discussion" <academic-discussion@sfu.ca>
Sent: Sunday, February 23, 2014 10:43:08 AM
Subject: Re: picket policy
Hi James.
Hi James.
Under the law, how one approaches a picket line is a matter of conscience, and a union cannot compel its members to act in any way with regard to a picket. I expect you are coming across political mechanisms that are designed to encourage people to take particular actions. My understanding is such mechanisms - ill-advised, in my personal view - are entirely political and have no legal force.
----- Original Message -----
From: "JD Fleming" <jfleming@sfu.ca>
To: "Brian Green" <brian_green@sfu.ca>
Cc: "academic-discussion" <academic-discussion@sfu.ca>
Sent: Sunday, February 23, 2014 10:06:01 AM
Subject: picket policy
(With apologies to all disinterested colleagues for being such a pain on this issue:)
Dear Brian,
In looking through the "Certification FAQs" on the SFUFA website, I find the following:
"If we were certified, could we be forced to honour picket lines of other unions?
No. The decision to cross or not to cross a picket line is a matter of individual conscience, and no organization, unionized or not, has any ability to compel an individual to decide one way or other."
Among many slanted or misleading statements in the FAQ, this one seems to me flat-out false. The BCGEU, CUPE, and the BCTF all claim--and, I assume, enforce--the power to discipline members who cross picket lines of other unions. The penalties range from shaming to fines to expulsion--which, in the case of the teachers at least, is equivalent to getting fired. (The relevant sections from those unions' constitutions are below.) I don't know if these are the only unions in BC or elsewhere that claim this power, but I doubt it. Perhaps you, as a long-time and politically committed trade unionist, have more information.
In any case, I am deeply puzzled by the statement above in the FAQ. I think it should be clarified or removed.
Best wishes,
JD Fleming
-------------------
BCGEU
A member commits a breach of duty when they ...
(f) cross a picket line of the BCGEU or another union ;
... If the charges are sustained, the hearing panel may impose a penalty that fits with the breach of duty, ... A penalty could include temporarily suspending or ending the respondent’s membership, imposing terms of membership, placing conditions on the member’s ability to hold office, fine, or some other form of discipline .
CUPE
If the accused is found guilty, the Trial Committee will decide any penalty and what, if anything, the accused must do or not do. The decision may include:
(i) a reprimand
(ii) a fine
(iii) a suspension or expulsion from membership
(iv) a ban against holding membership or office
(v) an order to stop doing the act or acts
complained of
(vi) an order to correct the act or acts complained
of
(vii) any other order that the Trial Committee finds
appropriate .
BCTF
1. determine appropriate publication of the finding of such breach;
2. issue a warning to the member;
3. issue a reprimand to the member;
4. impose a monetary fine on the member ;
...
7. suspend the right of the member to hold office or
membership in, or receive specified benefits from, the BCTF and/or
any subsidiary bodies for a specific period of time;
8. expel from membership in the local and BCTF .
--
J ames Dougal Fleming
Associate Professor
Department of English
Simon Fraser University
778-782-4713
Burnaby ~ British Columbia ~ Canada
Upstairs was a room for travelers. ‘You know, I shall take it for the rest of my life,’ Vasili Ivanovich is reported to have said as soon as he had entered it.
-- Vladimir Naboko v , " Cloud, Castle, Lake'
--
Evan Tiffany
Associate Professor
Dept. Philosophy
Simon Fraser University