British Columbia Federation of Labour

Adopted in Convention 1985
B.C. Federation of Labour

Affirmative action is an important mechanism for the labour movement to make significant changes in our long battle against discrimination in the workplace. The B.C. Federation of Labour and its affiliates take up that challenge in this call for action.

Labour's Affirmative Action Program

Affirmative action can be generally defined as any action designed to overcome barriers to equality, compensate for past and present discrimination and improve the economic status of the disadvantaged group.

Management's approach to affirmative action has been limited to promoting a few women into management ranks. However, the labour movement has defined affirmative action directly at the needs of all working women. Labour defines affirmative action as a comprehensive program designed to overcome past and present discrimination. This program would be unique to each workplace and negotiated to form part of the collective agreement.

Affirmative action is not just one action but rather a series of comprehensive initiatives. Each component is not an answer in itself but a part of our broad-based approach. While each step forward is important in breaking down the barriers and making up the difference between men and women, there is no single solution. It is a planned, step-by-step process that can be undertaken by each affiliate according to the special needs and circumstances of its membership. A complete program will set realizable goals and establish targets by which tangible changes can occur.

The B.C. Federation of Labour encourages affiliates to hasten economic equality by negotiating affirmative action programs and clauses of specific benefit to women. These might include:

• no discrimination clauses and the use of non-sexist language;
• prohibition of sexual harassment;
• across-the-board wage settlements rather than percentage increases to assist those (usually women) at the low end of the pay scale;
• equal pay for work of equal value;
• equalization of base rates for women's and men's jobs;
• elimination of increment steps in salary scales;
• affirmation action enabling clauses;
• job evaluation plans with full union participation to ensure jobs, skills and working conditions are weighed and valued fairly and appropriately;
• paid educational leave clauses which state that women will get to take paid education leave at least in proportion to their numbers in the bargaining unit;
• childcare subsidies and/or workplace childcare;
• strengthening of seniority rights (e.g. paid parental leave with accumulation of seniority during leave);
• employer-wide seniority;
• in the event of layoffs during apprenticeship programs, special measures could be taken to ensure an equal complement of women is maintained;
• broadening the seniority base allowing access to a wider range of jobs to assist women to move out of female job ghettos - individual union locals might also wish to consider ways of dealing with the disproportionate effects of layoffs on women;
• job protection and retraining for alternative employment in the event of technological change;
• pro-rated benefits and pay for part-time workers;
• protection from sexual harassment;
• flexible hours and limitation of shift work;
• no overtime during layoffs;
• stronger job posting provisions with training (bridging) built in;
• shorter work week with no loss of pay;
• health and safety improvements including reproductive protection for both male and female workers; and
• workplace design, clothing, equipment and facilities to assure access by women workers.

Our goal is to fundamentally alter the social and economic status of disadvantaged groups and that goal cannot be met by any one measure. Each breakthrough should be viewed not as an end in itself but as a step toward the goal.

Systemic discrimination has created barriers to the full and equal participation of women in all aspects of society. These barriers are often subtle and based on tradition, they are deeply imbedded in the system. Examples of this are height and weight requirements that exclude many women and may not be related to the job duties. Affirmative action will help to identify these roadblocks to full participation and equal opportunity.

Equal opportunity is the goal we seek. Affirmative action is the means by which programs are devised to ensure this goal is realized.

Targets and Timetables

Realistic targets and timetables are necessary to measure the progress being made in affirmative action programs.

When implementing an affirmative action program, one way of measuring success or failure is to assess, by means of a follow-up process, how close achievements are to agreed upon targets and goals. The follow-up process could be done by an ongoing evaluation committee.

Seniority

As the main form of equality that a worker can build into a job, seniority remains one of the labour movement's key principles. It helps alleviate discrimination that could occur if decisions about transfer, promotion or layoff were left to the discretion of management.

It is appropriate that, in the context of our document, we deal with the possible concern that conflict could occur between seniority and affirmative action programs.

We stand by the right of the membership to make adjustments toward the necessary strengthening and broadening of seniority provisions that allow the full impact of a complete affirmative action program. Women are often caught in the position of not having the chance to use their accumulated seniority. For example, women in traditional jobs such as clerical should have the right to apply their seniority to retraining opportunities in non-traditional areas. Some do not have the right to apply seniority outside their particular classification.

In British Columbia, in 1984, only seven contracts covering just over 2,300 employees had straight seniority determining promotions. Another 83 contracts covering 54,000 employees had seniority with sufficient qualifications, but another 120 contracts had other factors that determined promotion and 85 had no provisions whatsoever. Similar statistics exist for layoffs governed by seniority.

Examples of positive changes that should be made include: fuller access to employment opportunities and training; rightful entitlement to seniority lost during maternity leave; and backdating of seniority to date of application when discriminatory hiring practices are proven. In the construction industry, quotas are negotiated so that apprentices can complete their training without falling into the last-hired/first-fired syndrome. Similar quotas have been negotiated for the disabled.

On the basis of their experience to date with affirmative action, unions have found three things:

1. Seniority is not a factor in hiring;

2. Effective programs can work without endangering our seniority protection; and

3. Improvements can be made to our existing clauses that will mean more protection for all members.

Legislation

The voluntary approach to affirmative action has failed. This lack of success was predictable due to the absence of concrete guidelines on the mandatory components of an affirmative action program, including the full and equal participation of unions representing workers who are affected by the process.

In the public sector, legislation prohibits unions from negotiating components of affirmative action programs. Furthermore, employers can easily refrain from initiating meaningful, affirmative action programs in this province because the prohibition of systemic discrimination has been removed from provincial human rights legislation.

Affirmative action legislation must make it mandatory for employers to negotiate programs with the union. Unions must participate in the drafting of such legislation and be full and equal partners in the process at the outset. Unless the foregoing conditions are met, affirmative action legislation will not be acceptable to unions, as it will not result in beneficial improvements to workers. Therefore, we support that legislation be drafted under the conditions laid out by the Canadian Labour Congress and further support their program of action aimed at achieving this legislation.

Training

Affirmative action in training and education must go hand in hand with affirmative action in the workplace. We need affirmative action in our elementary and secondary schools, in our colleges and universities, in our apprenticeship (3 percent of all apprentices are women) and retraining programs, and in upgrading and self-development programs, so that women will have positive support and encouragement to challenge traditional biases.

Union Education

Education on affirmative action is needed to promote understanding of the issues and determine strategy for its implementation at the local level. While both the CLC and the B.C. Federation of Labour sponsor programs where the components of affirmative action are discussed, much more can be done. The issues should be integrated into all labour education programs. Staff and leadership training should include special strategy and planning sessions on this subject. Speakers on affirmative action should be invited to union meetings. Union newsletters should contain articles about affirmative action.

An important element of affirmative action programs is that the process of attaining it lends itself to a process of education. Ensuring members understand the affirmative action program is labour's design. That members have access to the analysis of the workplace and a say at determining what barriers are present and how they should be removed, will ensure education begins almost as soon as the union local decides to begin its strategy.

Union Action

Women are joining the union movement in growing numbers, now comprising over 35 percent of our membership, but are still very much under-represented among the leadership and the staff of unions.

There has not been a conscious effort made to exclude women from such positions, but union structure, methods of operating and language have all contributed to make it difficult for women to choose to run and be hired in this historically male-dominated movement.

As we make demands on our employers, we must be prepared to look at our own organizations.

The B.C. Federation of Labour recommends that all affiliates adopt the following measures in order to facilitate greater participation of women in decision-making capacities:

1. Analyze structures and methods of operation to determine the status of women and develop programs which would identify barriers to be overcome in the election and employment of women.

2. Analyze constitutions or by-laws and then ensure discriminatory features are eliminated and that protection from discrimination is included.

3. Analyze financial policies and propose new policies to ensure members are not out of pocket for childcare expenses, for example, when they participate in their unions.

4. Analyze the method of determining how members are sent to educational programs such as Labour Council schools or the week-long CLC Winter School. Are women encouraged to go? Are there barriers to their attendance?

5. Analyze internal educational programs. Are women's issues discussed? Are the materials and resources used cognizant of the fact that women are union members? Are special courses or conferences on women's issues sponsored?

6. Analyze the union's committees. Is there a committee to deal with the special concerns of women?

7. Analyze the staff of the union. Has anyone been hired to specifically deal with women's issues?

8. Analyze the communication material published by the union. Does the material reflect that women are union members by the content, language and pictures?

9. Analyzing the questions above, has the union created any policies or programs, or set targets or timetables which would change the situation?

Actions for the B.C. Federation of Labour

To assist unions in reaching goals of full equality through internal affirmative action programs, the B.C. Federation of Labour will:

1. Make available background information, sample clauses, information on legislation and other relevant material to assist unions to negotiate the various components of their affirmative action programs;

2. Create a speaker's bureau on affirmative action;

3. Publicize our affirmative action program emphasizing its uniqueness as labour's program;

4. Insist that any affirmative action program include equal pay for work of equal value and childcare provisions; and

5. Pressure the provincial government to provide that it be mandatory for employers to negotiate affirmative action with unions, or the employee representatives where there is no union.

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