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Clothing Exotic Dancers with Collective Bargaining Rights

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Clothing Exotic Dancers with Collective Bargaining Rights Clothing Exotic Dancers With Collective Bargaining Rights ADRIENNE COUTO* Around the world, the labour movement has Partout dans le moncle, le mouvement ouvrier begun to recognize that women employed in commence a reconnaitre que la femme travail- the sex industry are deserving of collective bar- lant dans 'industrie du sexe m6rite des droits gaining rights and protection. However, despite de n~gociation collective et la protection con- such recognition, exotic (lancers in Canada have nexe. Les danseuses 6rotiques du Canada, remained unable to access such rights. This toutefois, sont encore incapables de se pr6valoir paper explores the potential benefits of collec- de ces droits. Le present article explore les tive bargaining rights to exotic dancers and the avantages possibles des droits de nigociation methods by which such rights might be attained collective pour les danseuses 6rotiques et les in Ontario. In doing so, the author argues that faqons (len assurer la misc en oeuvre en collective bargaining rights would be an effec- Ontario. L'auteur soutient que les droits de tive means of not only ameliorating exotic n~gociation collective seraient un bon moyen dancers' terms and conditions of work, but also non seulement d'amdliorer les conditions de of providing a sense of legitimacy and empow- travail des danseuses 6rotiques, mais aussi de erment to an otherwise stigmatized profession. donner A une profession autrement stigmatis~e Though there are a number of barriers to de la 16gitimit6 et du pouvoir. Malgr6 les multi- organizing, there are avenues through which ples obstacles A l'association, diverses avenues collective bargaining rights may be achieved. permettraient l'exercice des droits de n6gocia- For example, "house dancers," who work exclu- tion collective. Par exemple, les danseuses sively for one club, may claim their status as d'entreprise >>travaillant exclusivement pour un "dependent contractors" under the Labour club pourraient revendiquer Ic statut d'<<entre- Relations Act and access their rights to organize preneuse d~pendante s>, au sens de la Loi sur les and bargain. Meanwhile, those dancers relations du travail, et ainsi obtenir Ic droit employed on a "freelance" basis for a number of d'association et de n~gociation collective. Par clubs may more appropriately gain access to ailleurs, les danseuses travaillant t titre de collective bargaining rights through a statutory <<pigistes >>pour un certain nombre de clubs scheme similar to that of the Status of the Artist seraient mieux en mesure d'obtenir le droit de Act, in which collective bargaining rights are n~gociation collective par le biais d'un plan afforded to "artists" employed as independent l6gislatif semblable A celui pr~vu dans la Loi sur contractors. It is through such avenues that le statut de l'artiste, laquelle reconnait le droit de exotic dancers may finally be clothed and pro- n~gociation collective aux <<artistes a> engages tected with collective bargaining rights. comme entrepreneurs ind~pendants. De telles avenues laisseraient enfin aux danseuses 6ro- tiques un peu d'6toffe et les prot~geraient par le biais des droits de n6gociation collective. * Adrienne M. Couto, B. Comm., M.I.R., LL.B (Queen's University). Member of the Ontario bar and practitioner in the field of labour and employment law. The author would like to thank Professor Sara Slinn for her suggestions and comments on an earlier version of this paper. 38 OTTAWA LAW REVIEW REVUE DE DROIT D'OTTAWA 38:1 38:1 Table of Contents 39 1. INTRODUCTION 41 II. WORKING CONDITIONS OF EXOTIC DANCERS 41 A. The Nature of the Work Performed 41 B. Terms and Condition of Work and the Ability of Dancers to Effect Change 42 1. Exploitation by Management 43 2. Health and Safety Risks 44 (a) Assaults and STIs 44 (b) Cleanliness and Condition of Clubs 45 (c) Risks Associated With Altering Appearance 45 3. Lack of Legal Protection 47 4. Negative Stigma 49 III. BENEFITS OF COLLECTIVE BARGAINING 50 A. International Unionization of Exotic Dancers 50 1. United States 52 2. United Kingdom 52 3. Australia 53 IV. ACCESSING COLLECTIVE BARGAINING 54 A. Barriers to Organizing 54 1 . Independent Contractor Status 55 2. Negative Stigma 56 3. Temporary Nature of the Work 57 4. Group Cohesion 57 5. Employer Tactics 58 B. Options for Gaining Access to Collective Bargaining Rights 58 1 . Access to Collective Bargainingfor "House"Dancers 59 2. Access to Collective Bargainingfor "Freelance"Dancers 60 (a) Sectoral Approach 60 (b) Establishment of Minimum Standards 60 (c) Legitimacy of the Profession 61 (d) Maintenance of"Independent Contractor"Status 61 3. Application of the Status of the Artist Act to Exotic Dancers 63 V. CONCLUSION Clothing Exotic Dancers With Collective Bargaining Rights ADRIENNE COUTO I. INTRODUCTION Most women begin their workdays by dressing for work. Other women, however, shed their clothes to earn a living and, in doing so, are left vulnerable to the exploits of an industry that denies them basic terms and conditions of work. Everyday, as exotic dancers in Canada strip away their clothes, they are also stripped of their rights, as workers, to adequate working conditions. Even though they are subject to management exploitation, poor working conditions and health risks, exotic dancers have few avenues by which they may seek recourse to improve their working lives. One avenue in particular that has, thus far, been inaccessible to these workers is unionization and collective bargaining. Although unionization and collective bargaining has great potential for amelio- rating these workers' lives, exotic dancers in Canada have had little success in access- ing these rights. In fact, as pointed out by one author, "unlike most workers who are customarily approached by union organizers these adult entertainers have had to go door-to-door . in an effort to find a union willing to represent them."' Although the Canadian Labour Congress2 and unions such as the Canadian Auto Workers (CAW) 3 and the Canadian Union of Public Employees (CUPE) 4 have recently addressed sex work as an issue requiring attention by the labour community, no con- I. Holly J. Wilmet, "Naked Feminism: The Unionization of the Adult Entertainment Industry" (1998-99) 7 Am. U. J. Gender Soc. Pol'y & L. 465 at 466-67. See also "Editorial: The unionisation of sex workers," online: (2005) 12:4 Journal of the International Centre forTrade Union Rights at 2 <http://wxww.ictur.labour- net.org/IURl 24.pdf>, wherein Ana Lopes of the International Union of Sex Workers in London notes that they too had to approach many unions before they found one willing to accept them as members. 2. According to the CAW, in 2002, the CLC passed a resolution that reads: "The Canadian Labour Congress through the Solidarity & Pride Working Group and the Women's Committee, consult within labour and the community to develop policies that provide supportive measures for sex trade workers." See Canadian Auto Workers Union, "National Executive Board Discussion Paper on The Sex Trade" (November 2005), online: CAW-TCA Canada <http://www.caw.ca/whatwedo/women/sextrade.asp>. 3. Ibid. 4. See "Sex Work: Why it's a Union Issue" (4 October 2004), online: CUPE <http: //www.cupe.ca/Igbtt/samesexworkbackgroundpaper>. 40 OTTAWA LAW REVIEW REVUE DE DROIT D'OTTAWA 38:1 38:1 crete measures have been taken to provide exotic dancers with collective bargaining rights. In fact, CUPE has bluntly stated that it "is not seeking to organize sex work- ers," which includes erotic dancers.' Rather, CUPE "has called upon the Canadian Labour Congress to investigate the possibility of sex workers getting union repre- sentation. "'6 Similarly, the CAW has taken an investigatory approach to the issue, stat- ing, "[wle need to seriously consider whether unionization is an appropriate and effective way of supporting sex trade workers."7 It is now time to move from an investigation to a complete recognition that collective bargaining rights for exotic dancers are not only appropriate, but also a highly effective means of ensuring that these workers are afforded, at a minimum, the basic terms and conditions of work. This paper explores how exotic dancers8 in Ontario may benefit from unionization and collective bargaining rights and suggests how such rights may be attained. 9 In analyzing this issue, the working conditions of exotic dancers and the vari- ous grievances that may trigger a desire amongst dancers to unionize are outlined in Part II of this paper. In Part 111, consideration is given to how collective bargaining rights may improve working conditions for exotic dancers, by illustrating the gains made by other dancers across the world who have successfully organized. Part IV then considers how collective bargaining rights may be accessed. This will be accom- plished by reviewing the current barriers to organizing and suggesting possible routes by which collective bargaining rights may be achieved. Through this analysis, it becomes evident that exotic dancers would benefit greatly from access to collective bargaining rights. Despite the barriers that exist, there are viable means for achieving such rights. It is time for the labour community to take action and ensure that exotic dancers, as workers, are protected by collective bargaining rights. 5. Ibid. at 4.Note, the definition of "sex work" provided by CUPE at page 1 of the paper includes "erotic danc- ing." 6. Ibid. 7. Canadian Auto Workers Union, supra note 2. 8. Please note that exotic dancers are also known as "strippers,""stripteasers," "table dancers," "go-go dancers," and "adult entertainers." See Scott A. Reid, Jonathan S. Epstein & D.E. Benson, "Role Identity in a Devalued Occupation: The Case of Female Exotic Dancers" (1994) 27:1 Sociological Focus 1 at 2; James K. Skipper, Jr. & Charles H. McCaghy, "Stripteasers: The Anatomy and Career Contingencies of a Deviant Occupation" (1970) 17:3 Social Problems 391.
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