uncharted.ca

Workers on Vancouver's docks will put equality on the agenda
 
By Tom Dufresne, Special to the Sun, October 21, 2009

Today, there are 344 women who work on the waterfront in longshoring jobs on the Pacific coast, or almost eight per cent of the total workforce.

This is truly surprising given troubling reports of barriers and harassment faced by women on the waterfront that were uncovered by a recent union-sponsored investigation.

It is all the more surprising considering that there are few if any workplace policies or benefits to help balance domestic and workplace demands that many female workers in other sectors take for granted.

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Thankfully, the International Longshore Warehouse Union Canada and the association which represents our employers, the British Columbia Maritime Employers Association, are preparing to negotiate a new collective agreement. Bargaining is set to get under way Dec. 1 and negotiations will tackle the equality of women in our workplaces.

The ILWU Canada will be bringing forward a number of proposals to address the issue of women's equality in our workplaces because Pacific Coast ports must change to offer workers a better balance between domestic and workplace demands. These ground-breaking proposals cover maternity leave, paternity and adoption leave, child care, elder care and dependent care. Improvements of this nature will deliver benefits to all longshore workers and will pave the way to attracting and retaining more women.

The problems uncovered in the union's special investigation are long- standing and require a comprehensive and sustainable response that addresses the underlying issues that prevent the recruitment and retention of women in longshore workplaces.

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"At the Vancouver docks, there are 1,300 union members and another 800 casuals. But only 127 are women, and only 28 of them are union members. "It appears that, at best, women make up approximately six per cent of the employees."

Changing workplace culture on the waterfront stalled by lack of women workers

By Kim Pemberton

Vancouver Sun
 
Attempts to deal with complaints of sexual harassment and discrimination against female workers appear to be stalled, the head of the BC Maritime Employers Association has indicated.

BCMEA president and CEO Andy Smith said a management proposal to deal with the problems can’t proceed until a union demand to clear up a backlog of job applicants is dealt with.

But since only 132 of the nearly 2,000 applicants are women and jobs on the waterfront are scarce, it would be a long time before any real gender equity would be achieved at the port. Only 4.7 per cent of Vancouver longshore workers are women now, and only some of them are union members.

“This is an issue of under-representation,” Smith said in an interview. “We won’t get the culture changed with the tiny fragment of women working on the waterfront.”

Smith also said that the union — the International Longshore Warehouse Union Canada — wants the benefits of existing longshore workers to be improved before proceeding with affirmative action.

“I don’t think they are interested in making much of a change, other than changing the benefits for the people working there now,” he said.

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............. They [the ILWU] commissioned that report, but from their perspective, before any program [of affirmative action] goes forward that would alter the blend [of workers on the waterfront], they want their list to be dealt with first.

“Local 500 has 1,600 people on the list and 270 are on the list for local 502. Before we move into affirmative action, we’d need to deal with these people,” he said.

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Smith said in an interview. “We won’t get the culture changed with the tiny fragment of women working on the waterfront.”

Longshore union has bias against women, employers claim

By Gerry Bellett, Vancouver Sun February 6, 2010

The B.C. Maritime Employers Association has filed a complaint with the Canadian Human Rights Commission alleging the longshore union discriminates against women in its hiring practices.

The complaint was lodged on Thursday and said the union's "antiquated hiring practices" prevented women from being hired in greater numbers.

But the president of the International Longshore and Warehouse Union denied the claim Friday and said the employers' association was retaliating against the union for complaints it has made to the commission concerning the treatment of female employees by employers.

"We have actions against them for mistreating females by not giving them a discrimination and harassment-free workplace," said Tom Dufresne.

In a briefing paper submitted to the human rights commission, the BC-MEA said it was committed to employment equity and ending gender discrimination on the B.C. waterfront.

"Over the history of the waterfront workplace there have been a small number of women who work in and around ports. Today women still have a hard time securing employment ... and the few women that do work there face significant discrimination," the complaint said.

It accused the union of refusing to participate "in timely and meaningful action to move toward equality in the workplace."

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Human Rights Complaint
Filed February 4, 2010
Against ILWU

BCMEA Summary Document.pdf

LT S Best at CHRC Feb 4 2010
Complaint of BCMEA (Final Form-Short)
Complaint of BCMEA Complaint of BCMEA (Final Form-Long).pdf
Complaint Appendix A- List of Members Complaint Appendix B– Collective Agreement
Complaint Appendix C- Table of Hours (Local 500).pdf
Complaint Appendix D- BCIT Report.pdf

App A – Proposal of Project & Agenda.pdf
App B – Questionnaire & Results for Active Emp
App C – Questionnaire for Inactive Emp.pdf
App D- Letters of Introduction.pdf
App E- Sexual Harassment Brochure.pdf
App F & G – Samples of Formal complaints Procedure & Harassment.pdf
App H – Sample of Proposed Recruitment Brochure.pdf

Complaint Appendix E – Richards Report.pdf
Complaint Appendix F – Employment Equity Report.pdf
Complaint Appendix G- Ready Report.pdf
Complaint Appendix H- Media Reports.pdf
Complaint Appendix I – Table of Hours (Union vs Casuals).pdf
Complaint Appendix J – ILWU v. McLean.pdf
Complaint Appendix K – Local 500 response to Ready Report(Final).pdf
Complaint Appendix L – LF A Smith BCMEA to T Dufresne ILWU Oct 21 09.pdf
Complaint Appendix M – LF T Dufresne ILWU to A Smith at BCMEA Nov 3 09.pdf
Complaint Appendix N – LF A Smith BCMEA to T Dufresne ILWU Nov 6 09.pdf

EMPLOYMENT EQUITY
AND
AN END TO GENDER DISCRIMINATION ON THE BC WATERFRONT

A Briefing Paper by the BCMEA

Overview:

The British Columbia Maritime Employers Association (BCMEA) is committed to employment equity and ending gender discrimination on the BC waterfront. Over the history of the waterfront workplace there have been a small number of women who work in and around ports. Today, women still have a hard time securing employment at the waterfront and the few women that do work there face significant discrimination.

The BCMEA is working to create a more accepting and welcoming workplace for women and has tabled solutions to hire more women. It is the BCMEA's strong view that we need to get to the root causes of discrimination and fix antiquated hiring
practices.

Summary of proposed actions the BCMEA is proposing to work with the ILWU on as guiding principles to address employment equity:

• Affirmative and transparent hiring practices for women;
• Equitable, transparent and auditable access to work;
• Equitable, transparent and auditable access to training;
• Transparency in access to union membership;
• Additional anti-discrimination and anti-harassment training;
• An expedited process to address discrimination and harassment and confirmation that engaging in harassment, discrimination or retaliation warrants
discipline.

On February 4, 2010 the BCMEA submitted a complaint to the Canadian Human Rights Commission (CHRC) against the International Longshore and Warehouse Union (ILWU). The BCMEA has taken this unprecedented step because of the urgent need to provide an inclusive workplace at the waterfront in British Columbia. We have been committed to address equity issues for many years but due to the refusal of the ILWU to participate in timely and meaningful action to move toward equality in the workplace, we have no other choice but to file this complaint.

Summary of BCMEA Human Rights Complaint against the ILWU:

1. The BC Maritime Employers Association ("BCMEA") membership consists of 64 ship owners, stevedores and container, bulk and break bulk terminal operators on Canada's west coast. The BCMEA is an industry advocacy organization that represents and provides services to its members in collective bargaining, related labour relations matters, health and safety, human rights, training, recruitment and industry advocacy. All of the BCMEA's members' waterfront terminal and stevedore operations are unionized by the International Longshore Workers Union.

2. The ILWU Canada is a British Columbia based union that represents over 4,700 workers. It is made up of 12 locals that represent workers employed in longshore and warehousing operations, as well as associated clerical and maintenance
positions. The ILWU Canada locals that have collective bargaining relationships with BCMEA employers include:

(a) ILWU, Local 500, in Vancouver, Port Moody, North Vancouver and Squamish;

(b) ILWU, Local 502, in New Westminster, Delta and Surrey;

(c) ILWU, Local 505, in Prince Rupert;

(d) ILWU, Local 508, on Vancouver Island, including Chemainus, Port Alberni and Victoria; and

(e) ILWU, Local 519, Stewart, Port Simpson, Nisga'a, Massett and Bella Coola.

These ports constitute the Asia Pacific Gateway, the vital link between Canada's industrial, commercial and resource economies and its global trading partners

3. The collective agreement between the BCMEA and the ILWU Canada sets the terms and conditions of employment of the ILWU longshore employees. Many of the policies and practices that govern hiring, access to work and access to training while not expressly set out in the collective agreement, are mandated by it.

4. The BCMEA alleges that the ILWU Canada and its various local Unions are engaging in discriminatory practices contrary to s. 10 of the Canadian Human Rights Act ("CHRA"). Specifically, the BCMEA alleges that the ILWU Canada and the Longshore Unions are systemicaily discriminating in their hiring policies and practices and in their policies and practices governing access to work and access to training on the ground of sex against:

(a) the class of potential female longshore workers; and

(b) the class of current female longshore workers.

5. The BCMEA, as an employer organization, must compiy with the provisions of the CHRA, including s. 10. The policies and practices that the BCMEA alleges to discriminate systemically on the ground of sex are either contained in or mandated by the current collective agreement between the BCMEA and ILWU
Canada".

6. The Canada Labour Code, prohibits the BCMEA from unilaterally changing the terms and conditions of employment of longshore workers that are contained in or mandated by the collective agreement without the consent of the ILWU Canada. This includes current policies and practices on hiring, access to work and access to training.

7. Longshoring includes both skilled crafts and trades workers and semi-skilled manual workers. Longshore workers may be either union members or casual workers.

8. Union members have more seniority than casual workers. They are dispatched to work and selected for training opportunities in priority to casual workers. They participate fully in the affairs of the union. Casual workers are subject to the terms and conditions of the collective agreement, but do not have representation within the union or participate in its affairs. The union may invite casual workers to become union members once they have enough hours and seniority. Essentially, casual workers fill demands for labour that exceed the capacity of union workers that are available for work.

9. It is has long been accepted that women are significantly underrepresented in the longshoring workforce in British Columbia. Studies commissioned over the last 20 years have identified barriers to hiring and progression of women. All of these reports have agreed that women are underrepresented at all levels of longshoring, that they have less seniority, less training and earn less than their male counterparts, and that the workplace environment is hostile to women. The
recommended measures to address this problem include increased recruitment of women. This, and other recommended measures, cannot be implemented without the agreement of the Longshore Unions.

10. As of 2009, women represent only 6.4% of the BC longshoring workforce, a figure that falls significantly short of their availability in the relevant labour pools[1]. Women make up 5% of skilled trades workers across BC, but only
3.6% of skilled trades on the waterfront. They represent 18.3%o of semi-skilled and manual workers in BC, but only 9% of those workers in longshoring.
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[1] Note: Labour pool data in this paragraph and elsewhere is taken from HRDC 2006 census data.

11. The BCMEA and the Longshore Unions have conducted affirmative recruitments for women in some recruitment rounds in the past, but not since 2003. In recruitment drives that have no affirmative targets the representation of women in
both the applicant pool and in those registered is lower than their availability in the labour market generally.

12. There is also evidence that the physical component of the assessment process (the lashing test) poses a greater barrier to women than to men. The lashing test is not required for many of the types of work performed by longshore workers.
Lashing is the setting and dismantling of the long metal bars that hold containers on the deck of a container vessel. Lashing bars are long (up to 18ft) and heavy(up to 50 pounds).

13. The current recruitment and hiring processes operate unfairly and, in particular, constitute a barrier to women who are seeking to work on the waterfront.

14. An individual who successfully completes the assessment process and is registered as a casual worker has no entitlement to be assigned to any work or receive any remuneration. A worker must physically attend at the local dispatch hall to register their availability for work every time that they want to work a shift.

15. A number of indicators that have persisted over time strongly suggest that the effect of the current system is that women have less access to work than men. Women work a smaller percentage of the total hours worked in each port in a
year than would be predicted based on their representation in that workforce. They also earn less than their male counterparts and are overrepresented in the casual workforce as compared to men. Further, women hold fewer ratings
generally, and fewer senior ratings, than men. This limits their access to work and to the greater premium paid for senior ratings.

16. THE BCMEA believes that in this heavily and traditionally male-dominated industry, female longshore workers face discriminatory barriers in employment.

17. In the summer and early fall of 2009, the ILWU Canada and Longshore Unions publicly expressed their concern about the situation of women in longshoring and their desire to act to remedy barriers to entry and progression in the workforce.
Despite this, the BCMEA has met with no success in its repeated efforts to work with the ILWU Canada and the Longshore Unions to address systemic sex discrimination in longshoring. Most recently, at a meeting between the BCMEA,
ILWU Canada and the Longshore Unions on January 26, 2010, it became clear that the Respondents were unwilling to address the issue of sex discrimination on the waterfront in any concrete or timely manner.

18. The BCMEA understands the position of the ILWU Canada and the Longshore
Unions to be as follows:

(a) the proposition that there are discriminatory barriers to the hiring and registration of women as longshore workers is questionable and if they exist, they have been exaggerated;

(b) there should be no affirmative targets for recruiting or hiring women until all names on the Longshore Unions' current lists have been exhausted, even though this means that no affirmative targets will be set for an lengthy period; for example, approximately 15 years in local 500.

(c) they will not consider or make any changes to the current dispatch systems governing access to work and denies that they pose any barriers to women;

(d) they will not consider or make any changes to its current practices governing access to training;

(e) there is no discrimination in access to union membership for women and that women have effective representation within the union; and

(f) there is no need to change the collective agreement to include a dedicated process for resolving matters of discrimination, harassment or retaliation.

19. For these reasons, the BCMEA submits that the Commission should accept this complaint and assist the parties to remedy the discriminatory practices and policies that impede women who seek to enter and to progress in longshoring in the Asia Pacific Gateway.

Hypocrisy on the waterfront

Karen Suttie, Vancouver Sun

I am a union longshorewoman. My union (ILWU, Local 500) and I have been engaged in a gender discrimination case against the BCMEA and Western Stevedoring for the last three years. So when I read your article, I was stunned. I thought, "This is not possible."

Four days before filing its complaint against my union, the BCMEA made its closing argument against me in my case. It argued that I suffered no discrimination, systemic or otherwise, and said of me, "She is the author of her own misfortune."

Now the BCMEA decides it's the champion of women's rights? It's not my champion. For the last three years it has put massive resources into proving that gender discrimination is not a problem on the waterfront.

It can't have it both ways. The BCMEA would like everyone to believe it is the union that's failing women. The truth is that the union has been fiercely defending this woman's right to a safe and discrimination-free workplace.

Karen Suttie

Who We Are

The British Columbia Maritime Employers Association (BCMEA) is the multiemployer waterfront organization, representing 68 ship owners and agents, stevedores, container, bulk and break bulk terminal operators on Canada's west coast, extending from Victoria north to the Alaska border.

A key objective of the BCMEA is to meet the needs of its membership. The BCMEA is dedicated to understanding and being responsive to the shared needs of its members and to the unique circumstances each BCMEA member may have. With this commitment to customer service, the BCMEA provides information, expertise and systems that improve the operational effectiveness of BCMEA members.