TWU Wrestles with Telus in Court
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Union optimistic after VoIP hearings By Sid Shniad, TWU Research Director The TWU urged the have phone conversations companies be regulated in the Transmitter article by Rod) the effects of deregulation and Canadian Radio-television over the Internet, should be same way as VoIP provided that telephone companies are were taking the TWU’s call to and Telecommunications regulated in the same way as by telephone companies, and using VoIP to restructure their regulate all of the players in Commission (CRTC) to fully wireline service, TWU the CRTC shouldn’t let any operations and finances to the sector seriously. It is too regulate Voice-over Internet president Rod Hiebert, lawyer company offer VoIP until it is avoid regulatory oversight. early to tell what this will Protocol (VoIP), in a three- Jim Aldridge and I told the capable of providing During the hearing, it ultimately mean, but the signs day hearing held late CRTC. The TWU also emergency services like 911. became clear that at least are good. After years of September in Ottawa. recommended that VoIP The TWU pointed out (as some of the CRTC panel participating in proceedings Vo IP, which allows users to service provided by cable detailed in a recent members are concerned about (see TWU urges -- page 5) October 2004 XXVI 2 TWU wrestles with Telus in court Last January the deal was Then, just a couple of accusations of bias, but unacceptable, and appealed the Board in Letter Decision sealed. It was good news. weeks later, the company flip- instead dismissed them as for a Judicial Review in the 1004. Telus accepted a Canadian flopped and asked both the hearsay, stating in Letter Federal Court of Appeal. Telus’ action in these Industrial Relations Board CIRB and the Federal Court Decision 1128 that the TWU instances were “contrary to (CIRB) order to enter into of Appeal to reconsider the submitted “no compelling CIRB says Telus effective industrial relations binding arbitration with the binding arbitration decision. evidence.” and sound labour- union. The union is still waiting Edmondson was the violated the management relations,” wrote for this decision. accused, the judge and jury. the Board. “We’re not out of the The TWU, after hearing labour code One email, entitled “Telus woods because we haven’t got reports that Edmondson had responds with the facts” the goods,” says VP Bruce made remarks on the case in Telus violated Canada’s contained editorial comments Bell. “We have to be ready to favour of Telus which were Labour Code by discussing about the union such as “the 40022297 take action. We’re still in reportedly passed on to Telus, collective bargaining issues TWU’s claims are wrong and front of the CIRB on a had asked the Board to with employees in Team Telus misrepresent the facts.” number of fronts and there are remove itself from hearing Talks, Front Line Forums and Several employees procedures to follow and legal Telus’ attempt to overturn the two internal e-letters, ruled provided testimony on forums manoeuvring to be done. The CIRB ruling that ordered the CIRB. and meetings where Telus process takes time, and I’d Telus into binding arbitration. Decision 271, issued April discussed collective like to thank our members for Union Vice-President 8, 2004, to explain the bargaining issues with their patience.” Bruce Bell submitted an reasoning behind the binding employees. There’s more than one affidavit to the court which arbitration decision 1004, The employees’ testimony court and more than one said he had been advised by a found Telus breached Section indicates that the issue. As Telus and the TWU source involved in the case 94(1)(a) of the Labour Code presentations to employees continue to play legal that CIRB Chair Edmondson by communicating with were well-planned, and not volleyball on a number of had said that Telus should bargaining unit employees on just responses to questions fronts in the courts, nothing seek reconsideration of the matters of employment and employees had, wrote the has happened at the Board’s binding arbitration collective interest. CIRB. The slides detail the bargaining table. decision and that if he heard The employer’s actions employer’s position on labour Telus sought a the case, he would overturn it. “poisoned” the collective issues and excluded all other Reconsideration of the binding The source had received a bargaining process, said the points of view. arbitration decision in two similar report from another Board, effectively destroying “Coming at time when the venues, the CIRB and the player in the dispute, who had the remaining trust that was parties had agreed to Federal Court of Appeal. also said this information was needed to secure a new conciliation, these meetings In March, the Union asked shared with Telus’ lead contract. The Board said that must be seen as an employer- the CIRB to remove itself negotiator Mr. Bedard. the employer was giving created opportunity to sell its from hearing the The Union asked the CIRB employees advance notice of position to employees…” Reconsideration, after to disclose the facts in this what to expect on the wrote the CIRB. receiving information which matter to refute the bargaining table before it told Employees were told that led the Union to believe the allegations, but since the union’s bargaining the union refused to consider Return undeliverable CIRB was biased. In August, Edmondson dismissed the representatives. other “more reasonable collective agreements.” They Canadian addresses to: the CIRB dismissed the charges as hearsay, he “This is an insidious way of keeping negotiations off were a captive audience being Circulation Dept. TWU TWU’s accusation of bias claimed the CIRB was not against itself. required to respond to the balance and a loss of face for addressed by Telus senior 5261 Lane Street, CIRB Chair Warren allegations. the union’s representatives at leaders, sometimes including Burnaby, BC, V5H 4A6 Edmondson didn’t deny the The Union decided this was the bargaining table,” wrote (see Battles -- page 3) LETTERS TO THE EDITOR Workers’ Union Scholarship. I really years and I would like to wish them all Dear TWU: support in what was a very difficult Students thank you appreciate the recognition, and the the best in the years to come. I want to thank the TWU for my situation for us. money will help to finance my Sincerely, great pension and life membership. It A couple of years ago when I Dear TWU Awards Committee, education as I follow a degree in Wayne Upper, Local 2 Victoria is very much appreciated. I would also accepted a job posting to the Island, I received a letter from Lisa Maree Business Administration at Simon like to thank Grace for being so helpful we started construction of our new at the Columbia Institute, stating I was Fraser University in the following Dear TWU: in filling out my forms. Take care and house. Though everything had been chosen for the Telecommunications years. Thank you for the honourary life best wishes in getting a decent contract discussed and agreed to beforehand, Workers Union Scholarship for the Thank you again for supporting my membership, retirement pin and for all in these difficult and when we submitted the bill, the amount of $750. continued education. $1,000 retirement gift. To the TWU unnecessary times. company refused to pay the GST on I want to thank the TWU for Yours sincerely, executive, past and present, I extend Sincerely, the house. choosing me. I am very grateful to Laura Zilcosky my heartfelt gratitude for your Patricia Sneddon, Local 32 In total frustration, we contacted receive this award. I have registered dedication, foresight and ability to deal the Union and went through the in first-year Engineering beginning in with an ever-changing communications Dear TWU: grievance process. Nancy’s attention September. Retirement bliss industry. Thank you for the honourary life to details, genuine interest in the case Thank you again for selecting me Dear TWU, Over the past 36 years, I have had membership and the $1000 cheque and overall handling of the entire and helping me further my education. I would like to extend my long the privilege to work with countless from the union. Thanks also to the situation resulted in a positive I sincerely appreciate it. overdue thanks for the $1,000 wonderful and dedicated people. I TWU for negotiating such great outcome for our family with the Yours truly, retirement cheque and lifetime wish all of you a prosperous and contracts over my 35 years of company agreeing to pay our GST Michael McBurnie membership in the TWU. I would also healthy life. To my colleagues who employment at BC Tel/Telus. claim two days before the scheduled like to thank Rod Hiebert and Neil remain employed, I pray for continued Miss you all, arbitration hearing. I am very confident Dear TWU members, Morrison for their kind words at my strength and a just and peaceful Maynetta Raymond, Local 50 that without Nancy at the helm of this I would like to thank you for the retirement party in Victoria. contract settlement. case, the outcome would not have been incredible support you provided with As a former Okanagan Telephone Yo u rs truly, Dear TWU: the same. Other TWU members who the scholarship you have given me. I Company employee, I can still Jeff Hurst, Local 9 Many thanks for the lifetime assisted throughout the situation were have always strived to be a nurse and remember August 21, 1973 at 1pm, membership to the TWU and the $350 Rod Peters, Rick Keen and Glen your contribution has given me great hitting the bricks with our picket signs Dear TWU: cheque.