Did a day go by during the recent job action that our Employer did not try to use the media against the CUPE leadership?
Day One. HR alleges to the media that some CUPE members are threatening and intimidating other CUPE members about crossing the picket line. To this day, has evidence been presented to support this? Unbelievably, faculty and ASPA members who joined the picket lines were asked by the press if they were afraid of the picketers.
HR then alleged that CUPE was being uncooperative regarding provision of essential services. As I recall, this discussion was dragged out over a weekend.
Then, there were the emails, in clear violation of two collective agreements, stating that health and pension benefits for USFA and ASPA members honouring the picket line would be suspended. Thanks to speedy and effective actions by our bargaining units, these were retracted.
Shortly thereafter, ASPA members were advised by email that their paycheques would be docked if they attended a CUPE event over their lunch break. This was retracted within hours.
On it went, until the weekend of November 24th, when HR published a bargaining update twice implying that the union was “play[ing] games”.
Finally, the capper. On the morning of Tuesday, November 29th, the day on which the CUPE membership was to vote on the University’s “Final Offer”, HR did the only thing tackier than a full page ad. They took out two full page ads, one which reproduced an email from the president.
(Public relations is a tough business. Thus I pity the consultant who advised that the President send an 11th hour email “hop[ing] for wisdom on the part of those entrusted with the decision”. Write when you get work.)
Some may wonder why negotiating in the press, and speaking directly to the members via mailouts is not considered an unfair labour practice. Apparently, such activities may be judged unfair shortly after a union has just been certified, but it is more difficult when the union and the employer have a mature relationship.
The CUPE action showed that the “mature relationship” case cuts both ways. If the relationship is mature enough to allow an employer to use mailouts and full page advertisements, the relationship is mature enough that the employees will make up their own minds on the basis of the facts and their level of trust, and not on the basis of last minute media rhetoric and posturing by the employer.
Thus, taking on the role of chief negotiator for a bargaining unit is not for the faint of heart.
Given the outcome, anyone out there care to comment on the benefits of this approach?