Squamish Terminals was unwittingly hauled into a Canadian Human Rights Commission investigation this week in an unprecedented case of a provincial employer association lodging a complaint against a B.C. union for worker mistreatment.
The industry throughout the province has been intensely criticized since an International Longshore and Warehouse Union (ILWU)-commissioned report by high profile mediator Vince Ready last year found B.C.'s female dockworkers experience "overt, significant and sustained harassment," including an "ugly girl" system for assigning work and being offered access to better jobs in exchange for sexual favours.
The British Columbia Maritime Employers Association (BCMEA) alleges the ILWU has stonewalled efforts to improve deplorable conditions for female dockworkers.
No Squamish Terminals incidents have been recorded, according to both provincial union and employer representatives. Its operations manager Joe Webber referred questions to the BCMEA, saying the dispute hinges primarily on hiring practices, which in Squamish is a BCMEA responsibility that is executed by the union. However he did say the local business has policies in place to identify and address all workplace harassment issues.
"We certainly believe in gender equity for sure, we push for that," said Webber. "And as an employer, we know what our responsibilities are."
Ready's report concluded with nine recommendations for action for both the union and the employer.
"Women should not be required to wage a constant battle for equality in the workforce," he stated.
Employer seeks 'critical mass of women'
The issue came to a head this week when the BCMEA lodged a human rights complaint, alleging delays in progress on the part of the union.
According to BCMEA vice-president of information Greg Vurdela, over several months the ILWU refused to meet with the employer association to discuss changes to recruitment practices, training and promotions that would bring more women into the industry and in top level, high paying jobs.
"We [want to] build a critical mass of women in the workforce where they then from inside can being to change this culture," said Vurdela.
When they did meet, ILWU president Tom Dufresne said the union would agree to recruit men and women at a 50-50 split when the current recruitment list is exhausted.
Vurdela said that's no solution since several thousand men are on the list while only a few hundred women are represented.
"The lists may be essentially - which they are - full of men," said Vurdela. "How is this going to change the culture if we exhaust those lists? We'd be into it for the next five years if we'd go off those lists."
Complaint 'despicable,' states union
The ILWU quickly rebuked the BCMEA for singling out the union, alleging the association itself has impeded progress with regards to gender equality.
"We are surprised because, apart from a proposal that would violate the widely recognized seniority rights of longshore workers, the BCMEA has not requested any discussions with the ILWU to change any of the policies and practices they are complaining about," states an ILWU release.
"Indeed, many of the policies and practices the BCMEA is complaining about are on the books because the BCMEA requested them."
Dufresne said the union employs numerous practices and education workshops to address discrimination, adding that the association's complaint is a "red herring" in an interview with The Chief Monday (Feb. 8).
The BCMEA and ILWU have been in a three-year legal battle since a female dockworker alleged she was fired for being a woman, and the BCMEA fought too "obstruct" and "derail" the process while "doing everything to denigrate" the complainant, said Dufresne.
The arbiter's ruling has not yet come forward, but 10 days after all evidence was gathered, the association filed the complaint and forwarded copies to media, leading Dufresne to allege the employer is trying to bait the union into saying something in the press that could be used against them in an appeal should the ruling go against the BCMEA.
"It's totally improper what they've done," said Dufresne. "It's a totally despicable way of doing business."
BCMEA vice president of labour relations Mike Leonard rejected the allegation.
"That's absolutely false," said Leonard.
Leonard said Ready's report, a series of newspaper articles stemming from summer 2009, and communications between the BCMEA and union, which are available on the BCMEA website, indicates a broader impetus than the arbitration.
"Clearly this was an issue that had its own purpose, its own energies and the attention of the parties," said Leonard. "It's independent of any external event."
The timing of the complaint was a result of an October 2009 meeting with Dufresne, which resulted in a disagreement for hiring practices, he said, and a subsequent three months without progress.
The BCMEA anticipates that the Canadian Human Rights Commission will take the complaint seriously since it is an unprecedented case of employers pointing to a union as negligent in worker rights.
"Our view would be that clearly they would be view this as a file of interest. It's not what I would consider to be a typical file in that it's a substantially large issue that transcends an entire industry and the unique feature of this particular complaint is that it is employer driven. We were advised that the latter fact is, if accepted by the commission, would be precedent-setting. So I suspect they will give this the due diligence it requires, and will attempt to expedite, but we can't put a timeframe on that."
