BRIEF Concerning Bill C-65, An Act to amend the Canada Labour Code (harassment and violence) SUBMITTED BY THE CANADIAN UNION OF POSTAL WORKERS – MONTREAL LOCAL Montreal, March 5, 2018 MG/sg sepb-574 BRIEF SUBMITTED BY THE CANADIAN UNION OF POSTAL WORKERS – MONTREAL LOCAL The Canadian Union of Postal Workers – Montreal Local wishes to thank the government for introducing Bill C-65 with the aim of ending all forms of workplace harassment and violence. In support of this bill, we have submitted this brief to highlight the problem of harassment and intimidation on shop floors, the protections provided in our collective agreement and our recommendations for improving the bill. 1. The Metro-Montreal Local The Montreal Local represents over 6,735 members in 61 facilities. We have a diverse membership: 2,164 members from group 1, including postal clerks (PO4) and dispatchers (PO5). Most of these are at the Léo Blanchette Sorting Plant. The others work in corporate outlets or other facilities such as post offices where the mail is prepared for letter carrier routes. We also represent 2,592 employees from group 2: letter carriers (PO-LC) and drivers (MSC). Our membership also includes 153 tradespeople who work as technicians and mechanics. In addition, we have 303 rural and suburban mail carriers (RSMCs) and 1,523 temporary employees working in all job classes. 2. Intimidation and harassment Intimidation and harassment, particularly psychological harassment, are major concerns for the Montreal Local, since they are rooted in Canada Post’s corporate culture. The Montreal Local files an average of 2,360 grievances per year, 33% of them in response to disciplinary measures such as firings or various forms of intimidation, harassment or discrimination. The astonishing number of grievances for disciplinary measures serve to illustrate Canada Post’s repressive approach to managing employees. In 2017, the Montreal Local filed 21 grievances under clause 5.01 of the collective agreement (discrimination). Of these, 19 were upheld at the first level by the employer. This means that in 90% of these grievances, the employer acknowledged that the employee was discriminated against. Unfortunately, most of the time, the only resolution to this kind of dispute is a simple statement by the employer, pledging to uphold the clause that was violated, without this being followed up by real change on the shop floor. The employer’s failure to take the problem seriously and the lack of consequences for the offending supervisors and managers help explain why this corporate culture has gone on for decades. The toxic work environment at Canada Post has made headlines a number of times over the years, as some of our members have gone to the media after being ignored by the employer.1 1 Appendix 2: News Sources 3. Protection provided in our collective agreement While there are indeed protections in our collective agreement, workplace harassment, intimidation, discrimination and violence continue to be a problem. Unfortunately, these clauses do not fix everything, especially when the process results in a meaningless statement promising improvements that never come. Bringing about real change is not simple. Employees who file a grievance for discrimination must, together with a union representative, prove that there was harassment, intimidation or discrimination based on the 11 grounds set out in the collective agreement.2 If they are not satisfied with a statement that will do nothing to change the harasser’s attitude, the grievance goes to arbitration. Since the arbitration process is overburdened, it could take years for the grievance to be heard, which deters victims because in the meantime, they have to work with the harasser every day, putting them in an extremely vulnerable position. As well, it is difficult to prove that the complainant suffered psychological harassment since the employer keeps hiding behind its right of management. Clause 563 of our collective agreement states that the complainant must file a complaint with Canada Post’s human rights department. According to the collective agreement, the Corporation is to commence an investigation within three working days following receipt of the complaint and ensure that it is completed within a reasonable time. Once the decision is released, the complainant may, if they do not agree with the decision, file a grievance. If the parties failed to agree in the grievance hearing, the case goes before an arbitrator and as explained previously, the victim will face far too excessive delays. Employees who believe they are victims of harassment or violence related to the 11 grounds may file a complaint at any time with the Canadian Human Rights Commission, but it may not be accepted if the employee did not first go through all the steps set out in the collective agreement. One of the major problems with the Canada Post complaints process is that in most cases, it pertains to one supervisor or some other representative of the employer. That is why, in the interest of impartiality, we must avoid having the employer investigate itself.4 Psychological harassment and harassment in any form are not always based on the grounds set out in our collective agreement and/or the Human Rights Commission. Psychological harassment begins innocuously enough and grows insidiously. It has a devastating impact on the victims and can result in physical and psychological harm for them and their loved ones. We believe the Bill C-65 could strengthen the protections already provided in our collective agreement and encourage victims who, for a variety of reasons, are afraid of reporting their harasser to do so. 2 Appendix 1: See article 56.01 3 Ibid. 4 Ibid. 4. Our recommendations • The complaints process must not exclude the right to file a grievance or a human rights complaint. • The union must be kept informed and involved throughout the process. • A clear definition of psychological harassment must be included in the legislation and not in the regulations. We recommend that you refer to its definition in Quebec legislation: “psychological harassment: any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee”; “vexatious behaviour: humiliating or abusive behaviour that injures the person’s self-esteem or causes him or her anguish. It also exceeds what someone would consider appropriate and reasonable for the performance of the work.” • Complainants and their union representative must have access to the investigation process. • The process must be transparent. • Individuals handling complaints must have proven skills and experience, and there must be sufficient resources in place. • The distinction between the right of management and harassment and/or intimidation needs to be spelled out. The Montreal Local is pleased that the Government of Canada considers addressing harassment, violence and intimidation a priority and is putting the necessary measures in place. As we have illustrated in this brief, a prevention and defence mechanism for victims is already provided in our collective agreement. We nevertheless believe that Bill C-65 could strengthen this mechanism and address gaps. We are currently in an era of change where there is now zero tolerance for harassment and intimidation in civil society, including the workplace. The Government of Canada seems to have decided to take a proactive approach, which is why we are asking it to clarify and make certain changes to the bill and adopt them in order to provide better support and protection to workers, unionized or not. Appendix 1: Clauses in the collective agreement regarding workplace harassment, intimidation and violence 5.01 Discrimination. There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or stronger disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, political or religious affiliation, sex, physical or emotional handicap, sexual orientation, gender expression, gender identity, marital status, family status, conviction for an offence for which a pardon has been received, or membership or activity in the Union. 33.31 Workplace Violence Prevention and Protection The Corporation is committed to its policy of ensuring that all employees have a workplace free from violence. The Corporation will not tolerate any form of violence in the workplace. The Corporation shall take action to investigate and resolve all reported incidents of workplace violence. Reported incidents of workplace violence that are related to a prohibited ground of discrimination, as set out under Article 56, shall be investigated in accordance with that article. 56.01 Policy Statement The parties recognize an employee’s right to a working environment which is free of harassment on the grounds of race, sex, sexual orientation, gender expression, gender identity, national or ethnic origin, colour, religion, age, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. They also recognize that this constitutes a common objective and that all efforts shall be deployed to prevent and correct any situation and any conduct liable to compromise this right. Appendix 2: News Sources [in French only] Bellerose, Patrick. “Postes Canada : Au moins sept suicides en deux ans et demi dans la région de Montréal,” Huffington Post [online], April 10, 2013, http://quebec.huffingtonpost.ca/2013/04/10/postes-canada-montreal-suicides_n_3046307.html Bergeron, Maxime. “Climat ‘toxique’ chez Postes Canada,” La Presse [online], December 9, 2017, http://www.lapresse.ca/actualites/201712/09/01-5146512-climat-toxique-chez-postes-canada.php Ducas, Isabelle. “Postes Canada : la livraison du courrier perturbée,” La Presse [online], March 1, 2013, http://www.lapresse.ca/actualites/national/201302/28/01-4626636-postes-canada-la-livraison-du- courrier-perturbee.php J.E.