The Union is the Message: Messenger Work and Messenger Organizing in the Same-Day Courier Sector David 0. Lavin A Dissertation* submitted to the Faculty of Graduate Studies in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy* Graduate Program in Sociology, York University Toronto, Ontario August 2013 ©David 0. Lavin, 2013 ii Abstract Work in the same-day courier sector is a precarious form of employment. Workers in this sector are also treated as self-employed and hired as independent contractors. The relationship with the firm for which they work, however, is hardly distinguishable from an employment relationship. Messengers are among a growing number of workers in Canada who can be labeled as disguised employees. To explore the phenomenon of disguised employment, I use a case study approach informed by critical political economic theory and a purposive approach to labour and employment law to examine work in the same-day courier sector in Toronto with a focus on a subpopulation of workers in this sector: bike messengers. I examine the causes and consequences of self-employment in the same-day courier sector, analyze messengers' work and argue that their employment status entails misclassification. In an increasingly market-mediated society we are witnessing a proliferation of unprotected work relationships with disguised employment being one manifestation of this development. Fortunately, some unions are trying to organize workers in disguised employment relationships. In this dissertation, I also examine an attempt by the Canadian Union of Postal Workers to organize workers in Toronto's same-day courier sector. I explore the processes and implications of organizing disguised employees and examine how organizing these workers relates to and can inform the project of union renewal in Canada. Gaining employee status, however, is no guarantee of successful organizing. ,, iii The same-day courier sector is highly competitive and is dominated by small, decentralized employers. Organizing in such a sector is a formidable task. Under the collective bargaining regime, unions have to organize workers workplace by workplace. However, this is proving to be ineffective in highly competitive sectors dominated by small employers, and organizing efforts will likely only result in limited success. As I argue, unions can develop innovative strategies and tactics to organize workers. However, with the many structural obstacles unions face, these strategies and tactics can often fall short of their goals. To facilitate unionization in the same-day courier sector, the collective bargaining regime needs to be overhauled to mandate, or at least promote, multi-employer bargaining. iv Acknowledgments Undertaking a PhD has been a long journey with many ups and downs, and it could not be accomplished without the support and encouragement of the many people in my life. First, I would like to thank my supervisor, Dr. Leah Vosko, for her commitment and advice throughout my PhD, as well as the insightful comments on the many drafts of this dissertation. I would also like to thank my committee, Dr. Mark Thomas and Dr. Norene Pupo, for their support and advice throughout my PhD, as well as their discerning comments on earlier drafts of this dissertation. Additionally, I would like to thank the rest of my examining committee, Dr. Wallace Clement, Dr. Stephanie Ross, and Dr. Steven Tufts, for their insightful comments and thought provoking questions during my oral defence. I would like to thank the Graduate Program Director, Dr. Kathy Bischoping and the Assistant to the Director, Audrey Tokiwa, for their support during my PhD. I would also like to thank my M.A. supervisor, Dr. Vincent Mosco, for his advice and encouragement throughout my career as an undergraduate and graduate student. I would like to thank my partner Melissa. Having a partner who understands both the joys and frustrations of completing a dissertation has been a tremendous source of support. My parents, Michael and Karin, need to be thanked as well. They have always encouraged me in all my educational endeavours. My friends, both those I met in graduate school and those I have known much longer, also need to be thanked. A partial list includes: Alex, Andrea, Andrew, Amanda, Breanne, Carm, Chris, Doug, v Enda, Jarrad, Jane, Jenn, Jodi, Jakub, Kyle, Fraser, Ivan, Mark, Marnina, Martin, Paul, Silas, Steve, and Thom. Finally, I would like to thank all the research participants for participating in this study. vi Table of Contents Abstract ..............................................................................................ii Acknowledgements ............................................................................... iv Table of Contents ..................................................................................v Chapter One: Introduction ........................................................................ 1 Introduction ................................................................................ 1 Working as Messenger: Precarious and Disguised Employment.. ................. 8 Organizing in the Same-Day Courier Sector ........................................ 14 Chapter Outline .......................................................................... 17 Chapter Two: Theory, Methodology, and Methods .........................................24 Introduction .............................................................................. 24 Critical Political Economy ............................................................. 27 Labour Process Theory ................................................................43 Methodologies ...........................................................................49 Methods ................................................................................... 58 Conclusion ............................................................................... 67 Chapter Three: Employment, Self-Employment, and Disguised Employment ......... 70 Introduction ................................................................................. 70 Economics and Self-Employment .................................................... 73 Sociology and Self-Employment ...................................................... 78 Socio-Legal Studies and Self-Employment .......................................... 84 vii The Legal Distinctions between Employment and Independent Contracting ... ............................................................................................. 89 Employment Status Tests .............................................................. 95 Conclusion .............................................................................. 103 Chapter Four: The Courier Sector in Canada ..............................· ................. 106 Introduction ............................................................................ 106 A Brief History of Courier and Postal Services ................................... 109 Post-1960s Development of the Courier Sector in Canada ....................... 113 The Size of the Courier Sector in Canada .......................................... 125 Consumers of Courier Services and their Impact on Market Dynamics ...... 128 Workers' Views on the Same-Day Courier Sector ................................ 130 Conclusion .............................................................................. 133 Chapter Five: Messenger Work and Employment Status .................................. 135 Introduction ............................................................................. 135 The Labour Market for Messengers ................................................. 138 Why Work as a Messenger .......................................................... .143 Turnover and Labour Market Dynamics ........................................... .149 The Self-Employed Status ofMessengers ........................................... 153 The Mode of Remuneration .......................................................... 154 Training and Instructions .............................................................. 156 Control over the Labour Process .................................................... 158 viii Messengers' Relationship with the Dispatcher .................................... 161 Discrimination and Favouritism ..................................................... 166 Ownership of the Means of Production ............................................. 171 Messengers' Understanding of their Employment Status ....................... 173 Conclusion .............................................................................. 178 Chapter Six: The Consequences of Work in the Same-Day Courier Sector .......... .180 Introduction ............................................................................. 180 Working for Low and Fluctuating Pay ............................................. 182 Working for No Pay .................................................................. 191 Skill and Messenger Work ........................................................... 197 Stigma and Messenger Work ........................................................203 Risk Taking and Messenger Work .................................................... 209 Occupational Health and Safety and Messenger Work ........................... 217 Work Satisfaction and the Messenger Occupation ................................. 229 Conclusion ..............................................................................