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Ken Georgetti

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Bill C-377 a.k.a. The Expensive, Unfair to Unions Bill

Posted: 12/12/2012 8:19 am

The Conservative government has a disturbing habit of introducing significant changes to Canadian public policy by sleight of hand. One way is by using 400-page omnibus budget bills to make legislative changes that usually have nothing to do with the budget. The recent massive alterations to Canada's Navigable Waters Act is one example. Another shady way of dealing is for the Prime Minister's Office to have Conservative MPs introduce private members' bills that are really government bills in disguise.

Bill C-377 is one such piece of legislation. The bill would force every labour organization in Canada to file detailed financial information, including the names and addresses of companies and individuals paid more than $5,000 cumulatively in a year. This information would be posted publicly on a Canada Revenue Agency (CRA) website. The government spins this as being about union transparency. In fact, it is more about helping employers, the Conservative Party and special interest groups with close ties to them. If passed, Bill C-377 will tip the balance of labour relations in Canada.

The government seems determined to ram C-377 through Parliament, even though legal and privacy experts have testified the bill is likely unconstitutional, infringes on provincial jurisdiction, and constitutes a violation of personal and commercial privacy laws. The net being cast by C-377 is so wide that it would mean even private contractors who clear parking lots or provide janitorial services in union offices will have their names, addresses and the amounts paid to them publicly posted on a CRA website. The Canadian Bar Association says that Bill C-377 is so deeply flawed that it should be withdrawn.

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Beyond those concerns, the provisions of Bill C-377 would involve a massive and unnecessary waste of public money. When MP Russ Hiebert introduced Bill C-377 in October 2011, he said that its cost to the federal government would be "negligible." That is simply not true.

Both the CRA and the Parliamentary Budget Office (PBO) were asked to estimate how much Bill C-377 would cost the government to implement and administer. Both organizations admit that the wording of Bill C-377 is so vague and indeterminate that it is extremely difficult to come up with solid cost figures.

The CRA's estimates assume that fewer than 1,000 labour organizations would have to report. The PBO believes that 18,300 union organizations would have to report. We believe, with good reason, that both estimates are too low. The scope of Bill C-377 is such that it includes every union local, large and small in the country, meaning that about 25,000 labour organizations would have to report.

In the United States, a department that administers similar but less onerous reporting regulations had a budget of $41.3 million in 2012 to track 26,000 unions. We estimate that it will cost the Harper government anywhere from $32 million to $45 million a year to set up a regime and oversee compliance of Bill C-377 for a similar number of labour organizations in Canada.

Let's put this into perspective. Stephen Harper's government is shutting down the coast guard station on the Vancouver harbour, Canada's busiest waterway, in order to save $900,000 a year. The government shut down the St. John's Search and Rescue Call Centre to save $1 million a year. Ottawa is also laying off food inspectors and corporate tax auditors, and it is not following up on billions of dollars of lost revenue stashed away in offshore tax havens.

No corporation, charity or special interest group, such as the Canadian Taxpayers Federation or the Canadian Federation of Independent Business, is subject to the kind of financial reporting that this bill dictates for unions.

Union members can deduct their union dues from their income tax and according to Mr. Hiebert, that means unions should provide minute details of their financial transactions to the public at large. Of course, others such as doctors, lawyers, accountants and people in any number of other occupations can deduct their professional association fees from their income tax as well. Yet Bill C-377 will not apply to any of those associations. There is no justifiable explanation for this obvious discrimination and for the intrusion into the everyday workings of what are private organizations owned and directed by their members. This is a fact recognized by provincial jurisdictions that require unions to make financial statements available to their members, not the public.

Of all contract negotiations, 99 per cent result in a settlement, without a strike or a lockout. When that balance shifts to favour one party, labour strife occurs. This bill will tip the balance in favour of employers, providing them with a taxpayer-subsidized public website that will give them an unfair advantage during collective bargaining and will likely result in unnecessary work stoppages.

It is beyond comprehension that the Prime Minister and the Finance Minister are prepared to squander tens of millions in taxpayer's money in this way to reward their friends and insiders. Bill C-377 should be withdrawn.

Ken Georgetti is president of the 3.3-million member Canadian Labour Congress.

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  • Labour Day: A Canadian Invention

    Few Canadians realize it, but Labour Day is as Canadian as maple bacon. It all began in 1872, when the Toronto Typographical Union went on strike to demand a nine-hour workday. When <i>Globe and Mail</i> chief George Brown had the protest organizers arrested, Prime Minister John A. Macdonald passed a law legalizing labour unions. Thus, a Conservative prime minister became a hero to the working class, and Canada became among the first countries to limit the workday, doing so decades before the U.S. The typographers' marches became an annual event, eventually being adopted by the U.S., becoming the modern day Labour Day.

  • The Winnipeg General Strike

    The end of World War I brought social instability and economic volatility to Canada. On May 15, 1919, numerous umbrella union groups went out on strike in Winnipeg, grinding the city to a halt. Protesters were attacked in the media with epithets such as "Bolshevik" and "Bohunk," but resistance from the media and government only strengthened the movement. In June, the mayor ordered the Mounties to ride into the protest, prompting violent clashes and the death of two protesters. After protest leaders were arrested, organizers called off the strike. But the federal mediator ended up ruling in favour of the protesters, establishing the Winnipeg General Strike as the most important strike in Canadian history, and a precursor to the country's modern labour movement.

  • The Regina Riot

    During the Great Depression, the only way for a single male Canadian to get government assistance was to join "relief camps" -- make-work projects set up by the federal government out of concern idle young men were a threat to the nation. The relief camps, with their poor work conditions, became breeding grounds for communists and other radicals. The "On-To-Ottawa Trek" was organized as a protest that would move from Vancouver across the country to Ottawa, to bring workers' grievances to the prime minister. The trek halted in Regina when Prime Minister R.B. Bennett promised to talk to protest organizers. When talks broke down, the RCMP refused to allow the protesters to leave Regina and head for Ottawa, and on June 26, 1935, RCMP riot officers attacked a crowd of protesters. More than 100 people were arrested and two killed -- one protester and one officer.

  • Bloody Sunday

    In May, 1938, unemployed men led by communist organizers occupied a post office and art gallery in downtown Vancouver, protesting over poor work conditions at government-run Depression-era "relief camps." In June, the RCMP moved in to clear out the occupiers, using tear gas inside the post office. The protesters inside smashed windows for air and armed themselves with whatever was available. Forty-two people, including five officers, were injured. When word spread of the evacuation, sympathizers marched through the city's East End, smashing store windows. Further protests against "police terror" would be held in the weeks to come.

  • Giant Mine Bombing

    In 1992, workers at Royal Oak Mines' Giant Mine in the Northwest Territories went on strike. On September 18, a bomb exploded in a mineshaft deep underground, killing nine replacement workers. Mine worker Roger Warren was convicted of nine counts of second-degree murder. The Giant Mine closed in 2004.

  • The Toronto G20

    The Canadian Labour Congress, representing numerous labour groups, participated in protests in Toronto during the G20 summit in June, 2010. When a handful of "Black Block" anarchists rioted through the city core, it brought an overwhelming police response that resulted in the largest mass arrests in Canadian history. More than 1,000 people were arrested, with most never charged with any crime. Numerous allegations of police brutality have been made, and the Toronto police are now the target of several multi-million dollar lawsuits. So far, two police officers have been charged with crimes relating to G20 policing, and charges against other police officers are also possible.

  • Occupy Canada

    When Vancouver-based magazine Adbusters suggested the public "occupy Wall Street" to protest corporate malfeasance, New Yorkers took the suggestion seriously, and occupied Zuccotti Park in Manhattan. Canadians followed suit, sparking copycat occupations in all major Canadian cities in September, 2011. By December, most of the occupations had been cleared, all of them non-violently. Though the protests achieved no specific goals, they did change the political conversation in North America. What their long-term legacy will be remains to be seen.




 

Follow Ken Georgetti on Twitter: www.twitter.com/CanadianLabour

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The Conservative government has a disturbing habit of introducing significant changes to Canadian public policy by sleight of hand. One way is by using 400-page omnibus budget bills to make legislativ...
The Conservative government has a disturbing habit of introducing significant changes to Canadian public policy by sleight of hand. One way is by using 400-page omnibus budget bills to make legislativ...
 
 
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HUFFPOST SUPER USER
sdgreen
03:45 AM on 12/24/2012
Sounds like these Union Leaders want to hide something from their membership!
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HUFFPOST SUPER USER
AuntiFascist
Orwell predicted Harper
07:34 PM on 12/13/2012
Hey union members, don't forget how to vote in the upcoming election.
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HUFFPOST SUPER USER
Johnny Apleturd
10:40 PM on 12/13/2012
Don't worry, they are told.
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HUFFPOST SUPER USER
AuntiFascist
Orwell predicted Harper
10:05 AM on 12/14/2012
Yes but they don't listen.  Union leadership votes NDP but the members vote the spectrum of parties.  Perhaps this election they'll all vote NDP/
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HUFFPOST SUPER USER
robertmiller252
07:18 PM on 12/13/2012
What is a disturbing habit. Getting elected to become the government then passing into law the policies that your supporters are asking for. I guess the Liberals never did anything like that when they were the majority government. Did they?
06:51 PM on 12/13/2012
Unions need full 3rd party forensic audits as transparency for members and not a public web site. Too much power and poor labour code to hold executive accountable for their special "taxable benefits" to criminal abuses. Membership needs valid information without bias for possible fraud and misappropriation. Corruption is spread evenly from Board Rooms to Union Locals. Minority shareholders or stakeholders all need protection from abuse or breach of trust without barriers to civil and criminal courts as two tiered legal system absurd and unconstitutional.

Fool on the Hill
SamEasy
You really don`t want to know.
07:50 PM on 12/13/2012
Corruption is also spread evenly throughout the Harper Government Scourge. Hopefully this ongoing lying and deceptive practices will mean the end of this scourge on this fine country.
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HUFFPOST SUPER USER
Johnny Apleturd
10:41 PM on 12/13/2012
Wake up, you think the unions are clean ? Ask the TDSB how the $400 pencil sharpener racket is going lol.
06:48 PM on 12/13/2012
45 million dollars a year to maintain thisspying bill?? My goodness ,that's almost as much as the gun registry but for a much more useless bill,reason. Are canadians going to be upset?NAH!! They damn well should be!
I wonder how many million,billions of dollars,revenue will be lost due to this thoughtless move.?
To bad our government won't tell us how they spend OUR tax dollars.An itemized list would be nice Harper. Annually.Bet we'de find a few dicrepencies there.
How about releasing the details of the NEXEN deal Harper. Are the give aways and benefits to canada so bad you have to keep them secret.
What a coward. Probably Harper knows that we would not be very happy with what he has traded away for this deal. Isn't there a way to force this to be publicly announced??
HELLO MEDIA??
06:38 PM on 12/13/2012
WITH HIS TOUGH GUY ACT THIS mR hARPER IS AWAKENING CANADIANS.
He now has the first nations,IDLE NO MORE,and there will be hell to pay over his noninclusion of the natives. He does'nt want to talk with them because his ideas of how to "handle " the natives is to be the bully and tell them "this is how we are going to ignore you from now on. You have no right to resources or even the land you are living on.
I am happy to see this beginning of the native uprising. Go brothers go.
Next??Harper passes this bill "against unions and thier members.?Does he think they will not act? Is he stupid??
Just wait until the walkouts and the strikes start. His prized economy will be so affected it will stall.
Maybe we,the unions and members should take a week off and let Harper see the country sitting dorman. No production,no workers and no tax revenue. I can'r wait to get out there and be apart of that.
I think Harper hasdopted Chinas ways of handling labour.Also thier governments methods for policies etc. This mmaniac,Harper, is more communist than he is even Reformer.
Off to court we go AGAIN??
THE PEOPLE OF CANADA ARE NOW HAVING TO SPEAK WITH OUR GOVERNMENT THROUGH THE COURTS.
DID YOU EVER THINK CANADA WOULD COME TO THIS??
STAND UP OR BE WALKED ON CANADA. .Mr. Heibert had best move,me thinks. BC loves thier unions.!!
HUFFPOST SUPER USER
waynerism
06:25 PM on 12/13/2012
Too funny bordering on the absurd! What on earth could possibly be disrrubing about a MP introducing a bill and everyone allowed a free vote? - this entire article is a classic example of a poor wannabe pundit getting paid by the word and stretching incredulity to it's farthest. I am in a union and I for one am very and I mean very happy right now which as far as I am concerned this bill is ONLY the beginning! For far too long the Union Executives have had free run to pursue their own poltical agendas disregarding the wishes of the members - GUESS WHAT FOLKS - a bunch of us here today all union working slobs are ecstatic about finallly getting to the point where we can exert some pressure back to all too often unresponsive and all too often union exec's who are worse that the poltical parties especially when it comes to doling out our money for their own agendas ! union dues should only be used for union businsess and not for feathering their poltical buddies nests !!!! WAY TO GO TORIES Keep up the good work !!!
SamEasy
You really don`t want to know.
07:58 PM on 12/13/2012
Those same Reformers (they are NOT Tories) would love to BUST your unions ass and then you can work for half the pay and benefits. That would look good on people like yourself since you act like you haven't benefited at all from being in the union.

BYW,,,,,,,,,,,you can always leave your uinon job and get non union work. Nobody is forcing you to stay.
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HUFFPOST SUPER USER
Johnny Apleturd
10:43 PM on 12/13/2012
The man wants genuine accountability and integrity rather than to be a part of your racket, the shame belongs to you meathead.
05:35 PM on 12/13/2012
The real sad part here is that its a private members bill, cleverly disguised to not receive the type of scrutiny that this type of a Bill should receive especially since a private members Bill is only supposed to be okayed when there is no to minimum financial impact yet this bill once enacted will cost tax payers 10's of Millions of dollars. Transparency from a government that has done anything and everything it can to not be transparent. This once again clearly show who this government represents and who they are out to destroy the middleclass has to be destroyed in order to make us a good little low wage country and what better way of doing it than by choking out their ability to represent themselves in the work place. Now for those of you that will try and make the case that this isn't true that everyone should be able to know what each and every union pays for their printer paper then why didn't this look at all associations like the medical doctors or lawyers, judges, engineers the only reason of course is that they aren't the target the target is to do what ever it takes to drive home low cost labor and crush the middleclass. This is one sad excuse for a government.
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HUFFPOST SUPER USER
robertmiller252
07:21 PM on 12/13/2012
Just how is it going to cost the government? This is no more than non-profits and charities have to report every year.
08:25 PM on 12/13/2012
Their estimate not mine they have to submit all of their financial records hence a bureaucracy is needed to review and post to the net. Taking into consideration that at present all financial transaction of any size along with all of the officers salaries have to currently be posted where is the win except to tie up the union on doing things other that protecting its workers.
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HUFFPOST SUPER USER
Johnny Apleturd
10:44 PM on 12/13/2012
People just want to know who you are paying to subvert our democracy, what's wrong with that ?
12:09 AM on 12/14/2012
Nothing, but then why don't they want to know who the Doctors, Lawyers, Bankers, Engineers and others are paying is it that you believe they would uuumm Subvert our Democracy less or the fact that they don't represent many in the middle class trying to make a living?
01:56 AM on 12/13/2012
The big problem of course is that if union members saw where their dues were being spent they would want their fees reduced.

Personally I think union ballots should also be secret, that way you can vote the way you want with out being afraid
HUFFPOST SUPER USER
waynerism
06:33 PM on 12/13/2012
You got my vote - I am in a union and the nepotism and outright graft and corruption boggles the mind .. but .. what really drives me crazy is the incestuous realtionship between local politico's (mostly NDP although some Provincial Lib's too) and the upper executive. A bunch of members have worked hard for years to at least try to clean things up but even when you have shop stewards fighting for change somehow or another the ol boy network manages to end run us. Harper just earned himself a bunch of votes here with passing this bill.
01:49 AM on 12/13/2012
Just stop making union dues tax deductable and let the unions leaders spent the money however they want.
If it is tax deductable then there should be some documention showing what and where it is spent.

Now if I was a union I would fight this tooth and nail, why in the world would I want anyone to see where I am spending tax payers money(if it is a tax deductible, then taxpayers are partially funding it)
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06:00 PM on 12/12/2012
What would be bad about this transparency? It costs money? The amount of which is impossible to say at this point? How would said money be spent, anyway? Oh, primarily on paying wages to workers for doing the service? So you mean we've found a way to stimulate jobs and bring about transparency from unions (who are very, very successful...)? And where is the problem?
The only good argument I can see is in the fine details, not the bulk; publishing all the names and amounts on the CRA website certainly could exploit people who do not deserve to be exploited. There is probably a better way to produce transparency.
But overall, I still don't see the negatives to the focus of the bill: increasing transparency.
And noting that union dues are tax-deductible anyway so as to say "what's the big deal with them and their fees," is petty-fogging the issues at hand.
Seems to me like the real issue being presented is the Conservative government and their method for adapting public policy. Well that may be the case, but I hardly see the point in highlighting the contents of this bill to hammer home the case for that.

I do agree, though, that there are a lot of unnecessary addings in the bill. But again, we're talking the fine details and not the bulk.
12:53 PM on 12/12/2012
Like the GOP in America, King Stephen & his Deformed Party are attempting to launch an all out campaign against workers to advance the Corporate agenda..Their "stealth" tactics emanated from the Reform Party movemen, as initiated by Preston Manning. Manning is an advocate of the Wilburforce strategy as used by Wilburforce in the U.K. I believe. This strategy is to operate by stealth by advancing an agenda which does not make transparent your entire agenda. Then you get elected with a majority and you push your agenda through even though voters are entirely ignorant of your intentions because you did not campaign on them. This is exactly what the Deformed Party is in the process of doing. By applying the Wilburforce strategy they can claim to be doing nothing wrong while undermining the democratic rights of all Canadians.
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robertmiller252
07:22 PM on 12/13/2012
Did you have to say "deformed". You just spoiled your entire argument.
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Johnny Apleturd
10:46 PM on 12/13/2012
Dude... Personally I am just sick of the racket... You've forgotten the hard times and ony remember the dogma.
12:24 PM on 12/12/2012
I never belonged to a union but I sure liked the advantages unioons brought me like an eight hour day and coffee breaks and a safe working condition. We can go back to the days when six year olds worked in mines and were chaned to machines in factories and there were twelve hour days. I never minded paying a lot for a pair of jeans where the company paid workers an honest wage. Now the workers are in China and they may not be paid and all the chemicals are poured into the river since WalMart will only pay 2.50 for a finished pair of jeans leaving the factory.Then WalMart closes stores so they can pay their workers as little as possible. The WalMart owners have about sixty billion dollars. Their workers can't live on what they earn. SAVE THE UNIONS.
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06:07 PM on 12/12/2012
All of those things are protected by the labor laws; unions only protect those that pay them union dues to do so. So in this instance, you're advocating for that specific group to be the ones to protect the laws? If there were no unions those labor laws would still be in place... right? People with a care for human rights and civil liberties brought you that stuff, not necessarily unions. Unions added extra protection for situations such as those that are unfamiliar with their rights or how to go about filing a grievance. But again, only if you're paying them union dues to do so...
07:47 PM on 12/12/2012
Kreaper if you want to know what life would be like without unions just read up about working conditions in China, India, Bangladesh etc. You may like to have cheap jeans but the workers that make them begin at fourteen and are fired at eighteen because at eighteen they aren't fast enough. They have a bunk bed, really cheap food and sometimes no pay. But the store that sells them to you only pays two fifty wwhen they leave the factory and as we know from news re[prts, the workers may be burned to death because there are no laws to compel the factory to have adequate safety in the work place. And yes - laws exist but they are ignored. Children work all day reclaiming the metals from your computer junk. Their lives are endangered. They are probably six but what the hey. Anything to insure a bit of food.
07:40 PM on 12/13/2012
Once unions are gone, labour laws will gradually follow.
01:52 AM on 12/13/2012
So do you think unions should be able to spend taxpayers money and not have to show where it is spent or not?

I think everyone agrees that 8 years olds should not be working in coal mines
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HUFFPOST SUPER USER
maple matters
Nimi Icinohabi
11:35 AM on 12/12/2012
Georgetti laments what he perceives as the untransparent and underhanded activites of government while arguing the right of unions to be unimpeded by government in the unions pursuit of maintaining untransparent and underhanded activites. Me thinks as always unionist doth protest too much.
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06:14 PM on 12/12/2012
Ha, yeah, it is a case of the pot calling the kettle black.
Who knows, maybe this will help push for a transparency policy enforced on the federal government... Liberals have been calling for it...
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Johnny Apleturd
10:48 PM on 12/13/2012
I know e liberals have been calling for it since the last time they were caught stealing lol... Seriously it is a racket that has to be broken up sooner or later.
10:55 AM on 12/12/2012
Agree with the opinion of Georgetti, but Conservatives won't amend this; fight it in the courts and move on.