April 2004

Greetings:

IVP Phil Flemming

You should already have received the details of the 2004 Progress Meeting scheduled to be held in Calgary on August 24th, 25th and 26th.

The Local Host Committee has been working overtime to ensure that we can enjoy the Calgary area after our workday.

This year’s Progress Meeting will focus on the direction we are taking in the next ten years in the First District. I need the assistance, expertise and contribution of every local union in the IBEW in Canada at the Progress Meeting. Please make this your priority!!

We have engaged the services of Professor Bernard Flaherty to assist us through this critical crossroads in our history. He will be at the Progress Meeting to facilitate a session where we will examine, discuss and challenge ourselves to find solutions to our organizing problems, image, political involvement, regional concerns and utilization of our resources. From this session we will develop a “Strategic Action Business Plan” for the First District and I need your involvement and participation at the Progress Meeting to make this a reality.

I know we have the ability and determination to accomplish our goals and I know that it will take a lot of hard work. I need your cooperation and participation.

Phil Flemming,
International Vice President

PERSONAL INFORMATION PROTECTION AND ELECTRONICS DOCUMENTS ACT (PRIVACY LEGISLATION)

This is to advise all Locals in the First District that the Privacy Officer for the First District is International Representative Christine Pynaker. Also, for your information, if any local requires training delivered to union officers, the First District has developed a Privacy Legislation Course.

CRIMINAL LIABILITY FOR ORGANIZATIONS.

During the 1990’s a public inquiry was held into the Wesray Mine Disaster in Nova Scotia. One of the recommendations was the need to reform the Criminal Code of Canada in order that corporations could legally be held responsible for their action and inactions.

Bill C-45 outlines rules for attributing criminal liability to “organizations”, including corporations and trade unions for acts of their representatives. “Representative” is broadly defined to include directors, partners, employees, members, agents or contractors. The Bill also establishes a legal duty for all persons directing work to take reasonable steps to ensure the safety of workers and the public.

One situation that would come to mind immediately is where a union dispatches workers to an unsafe worksite through the hiring hall process. The question then is if the Local union would be held criminally responsible for injury or death of a worker if that should occur. Many other issues of safety and our responsibility under the law will no doubt be tested in the years to come.

With this in mind we have arranged to have legal counsel facilitate a seminar prior to the All Canada Progress Meeting in Calgary in August entitled “Protecting the Protectors”. The seminar will address all aspects of the legislation and should be a “must attend” for all Business Managers and local union leadership of all branches of the IBEW. You will receive more information concerning the seminar with the All Canada Progress Meeting correspondence.

NATIONAL DAY OF MOURNING

It is very disturbing to hear the workplace injuries and death stats that were reported by the Canadian Office of the Building and Construction Trades Department as workers gathered on April 28th for the National Day of Mourning. The most current figures available for the Canadian workforce reveal that in 2002, 934 workers lost their lives and approximately one million workplace injuries occurred. Those figures do not include the many workers who died or continue to suffer from industrial diseases and cancers not yet recognized as having their roots in the workplace.

COMPASSIONATE CARE EMPLOYMENT INSURANCE BENEFIT NOW IN EFFECT

The Employment Insurance Compassionate Care Benefit came into effect on January 4, 2004. Workers eligible for Employment Insurance (EI) will be entitled to up to six weeks of Compassionate Care Benefits to provide care or support to a gravely ill family member with a significant risk of death within 26 weeks. Family members include a spouse or common law partner, a parent, the spouse or common law partner of a parent, a child, or a child of the spouse or common-law partner. Care or support to a family member means providing psychological or emotional support, or arranging for care by a third party, or directly providing or participating in the care. A medical certificate from a physician indicating that the family member is gravely ill and needs care or support is required to obtain the benefit. While more than one family member may claim the benefit, the total number of weeks of benefit paid in any 26 week period cannot exceed six weeks for all family members.

WSIB FAIR PRACTICES COMMISSION ESTABLISHED

The Workplace Safety and Insurance Board (WSIB) of Ontario recently announced the establishment of the Fair Practices Commission. The Fair Practices Commission is the organizational Ombudsman for the WSIB. Neutral and independent of the WSIB, the Commission receives complaints from injured workers, employers and service providers. It is responsible for ensuring that the administrative practices and services of the WSIB are fair, reasonable, appropriate and equitable. Workers, employers and service providers can contact the Commission by telephone or in writing.

Mail:
Fair Practices Commission
123 Front Street West
Toronto, ON M5J 2M2

The Commission will be receiving complaints from users of the WSIB district offices on a phased-in basis. Please contact them to learn more. For more information, visit www.wsib.on.ca/wsib/wsibsite.nsf/public/fairpracticescommission.

ORGANIZING

Local 625 Organizes Hilan Electric and Avoids Labour Board Proceedings with a Voluntary Recognition Agreement

In November of 2003, Hilan Electric of Moncton, New Brunswick opened an office in Dartmouth and advertised for Foremen, Journeymen and Apprentices. Local 625 flooded them with Union and non-union resumes. Hilan hired an Estimator from Metro Electric (Non-union) and was awarded an Empire 7 Theatre in Bridgewater, Nova Scotia. Three Local 625 Salts were hired on for the job. After commencing employment these two applicants were contacted and signed cards. With five employees out of eight, Local 625 filed an Application for Certification.

The employer was a merit shop and the manager was instructed to contact an anti-union lawyer and filed seven interventions. When it looked like they would be going before the Labour Board for numerous hearings, the owner agreed to meet with the union and discuss the situation. When presented with the facts concerning our market recovery programs and assurances we would complete his job on time and on budget, he signed a Voluntary Recognition Agreement.

Within one week he also signed with Local 1555 and 2166 in New Brunswick. These Business Managers were cooperating with Local 625 by supplying background information on the owner and were kept advised of our progress. Hilan currently employs 18 members of Local 625, and four of them are newly organized.

CONSTRUCTION ORGANIZING VIDEO

For those locals that have committed to participate in the production of this organizing CD-ROM/DVD, Kohl Productions inc. has sent out a letter detailing plans for visiting each local and requesting your cooperation in finding the appropriate individuals in your local to interview. This could include the Business Manager and/or Organizer, a long-term member or retiree, an apprentice or new member, a tradesperson who has a unique story to tell about being an IBEW member. There could also be jobsite video shots. We appreciate your involvement to date and are very pleased to see production begin.