I must say I would find that very surprising. But it is an
empirical question. Can anybody on the list, knowledgeable
about BC Labour relations, answer? jdf
From:
"Brian Green"
<brian_green@sfu.ca>
To: "JD Fleming"
<jfleming@sfu.ca>
Cc: "academic-discussion"
<academic-discussion@sfu.ca>
Sent: Sunday, 23 February, 2014 10:43:08
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'