uncharted.ca

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"I was appointed by the International Longshore and Warehouse Union Local 500 (ILWU 500) to conduct an independent review and inquiry into certain matters and practices with respect to the Union membership employed on the Vancouver Waterfront."

3. . .............. It is recognized that the culture on the waterfront is unique and there is reluctance to speak out about the issues which the membership wishes the union to address. ..........

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My approach was to identify and weigh the issues raised by those I interviewed and to assess their credibility and importance. Somewhat to my surprise, this task was relatively easy given the common threads of complaint that I heard from those I interviewed. I have no hesitation in expressing my profound concern about the conditions that women, in particular, are exposed to in this workplace.

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Turning to the Vancouver Waterfront, I observe that the percentage of women employed is significantly less than on the US West Coast. This is not surprising, given that there does not appear to be any ongoing structured mechanism that would promote the hiring and retention of women.

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While there is some indication the level of representation is perceived to be sufficient, that perception is not borne out by the actual numbers of women employed and the categories in which they are working. It appears that, at best, women make up approximately 6% of the employees.

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I interviewed a number of women with direct experience in longshoring work. The overall impression I derived from those discussions was that these women have experienced overt, significant and sustained harassment and discrimination which impedes their ability to participate equally in the workforce. The impediments are systemic in nature and permeate all aspects of the workplace. The conduct can be unintended or be motivated by obvious and deliberate hostility. Some of the conduct is offensive by any conceivable measure.

While any review based on the discussions with individuals cannot illustrate the views of every person, the women I spoke with were subjected to conduct that would not be appropriate in any work environment. It would be difficult to conceive of any other workplace where this type of behaviour would be as prevalent and tolerated to the extent indicated.

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These observations suggest that significant progress has not occurred since a study, referred to as the BCIT study was conducted on the waterfront in 1992. At that time, the BCMEA and ILWU 500 proposed a project to investigate the under representation of women in longshoring.

...............

Women also complained of an equally offensive practice whereby some males, including Foremen, extract or attempt to extract sexual favours for assignment of more desirable work or other "perks". A predictable result follows for those who do not participate. Women also complained that regardless of whether they were propositioned, male co-workers often expected that women would be given light duties or not carry their weight in exchange for sexual favours - or the hope of sexual favours. This expectation causes women to feel isolated and devalued by other workers in their gang. ......

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As a result of its view of the issue, the Union determined that a particular employee would be accommodated for a period of approximately two months. One of the unfortunate consequences of this particular decision was that the individual provided with the accommodation was specifically named in the bulletin, which was posted in common areas and available to all employees.

The difficulty with this approach is that it publicly singled out one individual, in a workplace that is clearly challenging to women. As explained in other parts of this report, the consequences of simply being at work, let alone standing up for one's rights may be unpleasant.

................

To say that the workplace presents significant challenges to women, unrelated to their abilities, is an understatement. Some are frightened or become submissive, while others react to their treatment but may attract additional, negative attention. There also appears to be disproportionate use of stress leave by women, which is associated with the conduct that occurs in the workplace.

Page 14 - The Hostile Culture

The magnitude of the offensive nature of the behaviour that women on the waterfront are subjected to is difficult to describe. Accordingly, it is best represented by actual examples that were related to me by those who either witnessed the conduct or more unfortunately, bore the brunt of these actions. The conduct may be physical or verbal in nature and also takes the form of graffiti and other offensive messages.

While this is by no means a complete list, women on the waterfront have endured the following physical actions:

- being groped and fondled
- assaults
- being exposed to male genitalia
- being urinated upon

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................ While not everyone directly participates in these practices they exemplify at best, a certain level of indifference to the principle of equality of women. At its worst, it reflects a poisoned work environment that is almost intolerant of the presence of women.

...............

Having described the offensive conduct, it must be noted that the women who are subjected to this behaviour experience significant resistance when they attempt to have their concerns addressed. A women who risks making a complaint may become the focus of retaliation and become ostracized. The investigation processes are not kept confidential and do not comply with basic rules of fairness. For example, women reported that they were required to bring their own witnesses to the investigation process - witnesses who were too afraid of retaliation to speak up. I did not hear of one harassment complaint which resulted in discipline for the harasser.

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I was advised that women were told what to expect when they come onto the ports and if they don't like it, they shouldn't be there. If they object to the behaviour, it may escalate and make coming to work more unpleasant. While it is possible to make and pursue a complaint, the consequences of taking these steps would certainly explain why so few attempt to pursue the matter to a formal grievance or other type of complaint. Why would they?

What is perhaps not unexpected but nontheless troubling is that some women who have endured the behaviour for longer periods of time or who may be given a certain level of begrudging respect may also treat their female co-workers in an in appropriate fashion. This may also be true of those who attain some benefit from adopting some of the behaviour of the culture.

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................ From what I was told, being intoxicated at work and even the open consumption of alcohol and drugs on the job appears to constitute acceptable conduct. ...............

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The common view is that drug and alcohol usage is "swept under the rug".

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Add gender to the obvious difficulties created by drug and alcohol use at work and you have an intolerable situation for women working on the waterfront.

Another troubling observation is that women perceive that they are treated differently with respect to this issue. On one hand, allegations may be made with respect to a substance problem but the investigation of those allegations may be insufficient. If there is in fact a significant problem, it them becomes an impediment to continued employment, rather than a disability that should be appropriately addressed. The perception is that men are vigorously defended while women are told to find another job.

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While the Employer is liable for the acts of harassment and discrimination by its employees, it is also worth considering from the Union's perspective that the Courts require a union's participation in changing the workplace to end discrimination and harassment of its members. There may be consequences for a failure to do so, both with respect to liability and the duty of fair representation.

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What is notably absent in any process by which individuals under the Union's jurisdiction may have their complaints addressed in a meaningful way either through or with the assistance of the Union. It is necessary that a process is available to avoid the current situation where those willing to raise a complaint may simply be ignored. The women I spoke to convey the view that they have nowhere to go when a problem arises.

hr.blr.com
August 04, 2008

Outdoor Urination: Disparate Impact on Females?

If male employees on construction sites usually answer the call of nature in the outdoors, does this practice have a disparate effect on female construction employees? A federal court sitting in Ohio recently faced that question.

What happened.

An experienced crane operator began working for AK Steel in March 2006. At the time of her hire, she was the only woman of the 10 to 15 crane operators hired. She was assigned to work in the slab yard, where overhead cranes ran continuously and employees often worked 12 hours in a row without breaks. When she asked about bathroom breaks, the shift manager and the slab yard day manager both told her that the crane operated continuously, there wasn't a person to give her a break, and if she needed to use the bathroom, she would have to urinate off the back of the crane.

When she balked at this idea, the company tried to put her in another job, but she wanted to run a crane, and when no other crane operator position was offered to her, she quit. She sued the company for sex discrimination under state and federal law. The company asked the court to dismiss her claims.

...............

The case was allowed to go forward.

Johnson v. AK Steel, U.S. District Court for the Southern District of Ohio, No. 1:07-cv-291 (5/23/08 ).

This is a clean version of what's usually on-site. Notice the urinal that's right next to your face when you're seated. There's no sink to wash up.

The frightening part is that the problem of discrimination and equality keeps the male dominated establishment in business - keeps them keeping on. Again, not rocket science - and explains why discrimination and inequality are still around.

"Ready proposed some practical steps to improve working conditions for women on Vancouver's waterfront but the union has already backed away from any timeline on implementation."

"It may take forceful legal action, big damage awards and tough new rules, to change the culture of hostility against women that permeates the workplace on Vancouver's waterfront."

It may take forceful legal action, big damage awards and tough new rules,

"But the damage also occurs in subtler ways: the daily bullying when women are shunned, excessively scrutinized, disciplined or denied a share of the ordinary perks of the job that are apparently for men only. Battles for training, for desirable work, for pregnancy accommodation. When women are rewarded for being perky and sweet, or censured for speaking out.

.............

Those few who succeed face denial of their worth, the self-doubt it engenders and the silence of their co-workers who go along with the silent crowd. "The only thing necessary for the triumph of evil is for good men to do nothing".

Surely this was what Vince Ready meant when he wrote of "not just a few bad apples, but the culture of a workplace."

.............

But what of an employer who remains silent? ...............

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It is as if they had never read the 1992 BCIT report which outlined the same issues as the Ready report. It's as if they have never since heard from traumatized women, which they have many times, about many employers.

Most recently, in 2006, three women were invited to meet with the BCMEA and the eight employer representatives. They told their stories.

One was a stonemason accustomed to the rough and tumble of construction gangs. She was targeted after that meeting. Eventually, her truck vandalized, she left the industry.

..............

.............. We need foremen and managers sensitized to the effects of bullying and marginalizing, taught how to avoid being complicit, not told to avoid behaviour they already find abhorrent.

Moreover, the BCMEA criticizes the absence of the CHRC. Here, at last, we agree. Why does the CHRC prioritize wounded feelings about cartoons and published articles instead of protecting our livelihood?

.............."

Longshore worker Karen Suttie is now speaking out about her experiences on the docks in Vancouver and explaining why she is taking legal action about her treatment in the workplace and seeking better treatment for women.

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Karen Suttie, Vancouver's first female longshore worker in a position of authority, said that in 2007 a foreman directed two other workers, including a casual, to perform her job as a lead hand, a skilled position with extra pay. He told her to perform a low-priority job and then fired her when she insisted on doing both the newly assigned task and her regular job, she said.

................

In three years, she rose from the bottom of five rungs of casual workers to become a lead hand. But many men couldn't handle having a woman in a position of authority, Suttie said.

In a written complaint cited in her grievance, Suttie said the arrangements in place for previous lead hands didn't apply to her. For example, her predecessors would manage two workers but she was only given workers for short periods and was often pulled from her job to do other tasks. She said a foreman downplayed the responsibilities of her job and appeared to be setting her up to fail.

In April 2007, a foreman demoted Suttie to mend nets, which involves sewing nets that are set up in case workers or cargo fall, said Joanna Gislason, a lawyer representing the union, which is fighting the dismissal.

"You have the first woman in a position of authority effectively told publicly that she can't do her job, and her duties are given to somebody else," Gislason said. "The union's position is that's gender discrimination."

Suttie has filed a union grievance for gender discrimination resulting in wrongful dismissal and a complaint of discrimination with the Canadian Human Rights Commission. One arbitrator is hearing both issues.

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She said she wants her job and equal treatment for all women, including her two daughters who work a the port.

"I am fighting for my job -- my right to do the job, to work, in a non-abusive, non-discriminatory environment," Suttie said. "I've only ever wanted to just do my job, and a good job."

"I have to do this for my daughters," she said. "I have to do it for all the young ladies down there, all the minorities that deserve a fair opportunity and fair treatment at work."

The Canadian Human Rights Commission can launch its own complaints for violations of the Human Rights Act. But the agency rarely does so, unlike a U.S. counterpart that deals with employment discrimination.

Vancouver's port is poisoned by sexual harassment, according to a report by veteran labour arbitrator Vince Ready. The human rights commission is hearing a complaint of discrimination by one female worker and an arbitrator is hearing another case.

But it's unlikely that the human rights agency would file its own complaint, said Philippe Dufresne, senior counsel for the commission.

The commission has done so just once, three decades ago, in a case involving hate speech, he said.

"It doesn't rule out the possibility that the commission would do it," he said. "But ... it's not the practice."

Instead, the commission focuses on complaints people file themselves and educates employers, including the port's employers' association, to prevent harassment and discrimination, he said.

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Over the last few weeks, readers of The Vancouver Sun have no doubt been taken aback by the Vince Ready report on incidents of harassment and discrimination against women employees on Vancouver's waterfront.

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Notwithstanding the efforts of the BCMEA and its member employers to date we have decided that the rate of improvement in workplace behaviour on the waterfront is not acceptable. Accordingly, we have determined that a more profound reform of women's representation on the waterfront must be championed.

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A key problem for including more women on the waterfront is the way in which the collective agreement determines hiring and job assignment. Seniority rules make it very difficult for new employees to earn a living wage. On the waterfront the junior one third of employees are referred to as casuals and take whatever hours are left over from union members.

As a result, many casuals do not make enough to support themselves. It takes years for a casual to become a union member and achieve the right to vote on terms and conditions of employment.

BCMEA understands that women will not find an acceptable work environment until they are more represented in the workforce. In Vancouver, out of a total longshore workforce of 2,546 there are 126 women in the workforce. Only 27 of them are union members; the rest are casuals who have no voting rights under the collective agreement.

It's no wonder that women who face the economic challenge along with the cultural challenge of the waterfront workplace don't stay long enough to have an impact on the work environment.

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