Union Dues

If you happen to be a member of Division 295 BLE it will be no secret that each month $100.00 Canadian is deducted from your pay cheque and directed to the BLE.

What happens to that money, where does it go, and what benefit is it for me? - are all legitimate questions that deserved to be answered for each and every member.

Let's start with the legalities first, shall we? Sec. 70 of the Canada Labour Code, (the federal statute that governs employer-employee-union relations in Canada and in our particular work place) states:

(1) "Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union forthwith."

The General Committee of Adjustment, (more about them later) in its negotiations with the company, has included in our collective agreements this provision. That is why union dues are lawfully deducted each month from set-up BLE members of Div. 295. (Errors in deductions occur monthly - arghh!) Some of you may be saying to yourself, "isn't there a provision whereby I can direct the company to pay my dues to a charity because I am a conscientious objector regarding unions and organized labour?" Good question - and one I have often heard, especially when our dues go up! The answer is provided in Sec. 70 of the Canada Labour Code Subsection 2 states:

(2) "Where the Board is satisfied that an employee, because of his religious conviction or beliefs, objects to joining a trade union or to paying regular union dues to a trade union, the Board may order that the provision in a collective agreement requiring, as a condition of employment, membership in a trade union or requiring the payment of regular union dues to a trade union does not apply to that employee do long as an amount equal to the amount of the regular union dues is paid by the employee, either directly or by way of deduction from his wages, to a registered charity mutually agreed on by the employee and the trade union."

Before we go out like Rastafarian's trying to legalize the use of 'ganga' for religious purposes, let's look at the criteria the Canada Labour Relations Board uses to grant religious exemptions' to paying dues to a trade union. In the case of "Gordon" (1988), the board ruled that the following criteria must be satisfied before the granting an exemption to individuals:

(1) applicant must object to all trade unions, not just a particular trade union;

(2) applicant does not have to rely on some specific tenets of a religious sect to base his or her objection;

(3) applicant's religious conviction or beliefs which cause him or her to object to compulsory union membership or dues payment must relate to the Divine or man's perceived relationship with the Divine, as opposed to man-made institutions.

(4) applicant must convince the Board that he or she is sincere and has not rationalized his or her objections to the union on religious grounds after being made aware of the provisions of the Code;

(5) Board is obliged to assess the probable consequences for the applicant of his or her not being granted an exemption.

Think you fit the bill? Well, the Board is always looking for a few good men or women. That is the number of religious exemptions' granted each year.

Now, about that $100.00 Canadian I must pay each month. Doesn't the International Division in Cleveland suck all that money south of the boarder and use it for wild parties with lots of free booze and easy women at something called the 'Quinquennial Convention' every 5 years? Why am I paying for that? Well men (eh Bubbles!) $23.00 Canadian is sent to the International Division out of the $100.00 collected each month from Div. 295's members. Only $2.00 of that amount goes to Cleveland. (And not one penny goes to Jerry's Kids!) The rest ($21.00) stays in Canada to pay the salaries of our two Canadian Vice-Presidents Brothers Gille Halle (CN) and George Hucker (CP). Now you are probably thinking, "don't those guys become millionaires on our union dues? - why should I pay for that?"

If you want to see how much a Canadian VP earns each year, turn to page 51 of the latest Constitution & Bylaws of the BLE (it has a red cover - if you don't have one yet call me). I won't mention the amount as this article will be read publicly. If you are a member, you have the right to know. Whether it is too much - or too little, you must decide.

Keep in mind however, the wages paid to executives who are responsible for an equivalent number of men in other industries. I like to compare the wage to that of a Deputy Chief of Police in a large metropolitan city in Canada. The demands of the job, and the wages are roughly comparable, although most Deputy Chiefs travel a fraction of the time and distance our Vice Presidents travel in a year.

Remember, out of that salary, the VP must deduct his own federal and provincial taxes, UIC and CPP premiums, and still maintain his company pension plan deductions. If you work in a pool in Div. 295 your combined wage and benefit package probably equals, and in some cases may exceed that of BLE VP - and you get to book of the board for miles!

A detailed job description of the VP's office is found in Sec. 9 of the Constitution (page 17). Read it - and then imagine the amount of effort required to fulfill the duties required of an International VP in a nation the size of Canada.

$100.00 minus $23.00 = $77.00 - who gets the rest? Perhaps we should discuss the National and Provincial Legislative Boards. What are they - what do they do - and how much does it cost? Important questions that address a politically volatile issue in our currently politically incorrect society. The term "political lobbyist" has achieved a much maligned status in North American society. Images of cigar smoking, influence or favor peddling politician, palms greased by corrupt lobbyists backed by shady financiers-sprint to mind.

The image is a stereotype, and like all infantilisms engaged in by adults, "deserves to be debunked - at least once." A classic example is the gun control debate. How you view those person(s) or group(s) attempting to influence the government, often depends upon which side of the fence one sits. If you favor gun control, you will likely envisage a negative stereotype of those attempting to influence the government to disregard your position - if you oppose gun control, you may also stereotype your opponents in a disparaging manner. Either way, the image seldom fits reality. The old adage, "one man's terrorist is another man's freedom fighter" couldn't apply better to the subject of paid political lobbyist.

In short, the National and Provincial Legislative Boards are BLE member's paid political lobbyists. Their job is to attempt the impossible - influence Federal, Provincial and Municipal governments to pass legislation that favours your interests as a locomotive engineer and unionized employee.

The National Legislative Board receives $4.50 out of the dues collected each month from BLE members in Canada. Is it money well spent? For example, it was the combined influence of labour's political lobbyists that resulted in the passage of the Canada Labour Code, the Canada Transportation Act and the Railway Safety Act. Out of these funds the wages, expense of the Brotherhood's representatives on the On-board Health and Safety Regulations Review Committee, for Project such as CANALERT and the Shortline Industry Review Group which lead to the Havelock/Nepthon and Kootney Internal Shortline Agreement.

The Provincial Legislative Board receives $4.50 out of the dues collected each month from BLE members in Ontario. Is it money well spent? For example, it was the combined influence of labour's political lobbyists that resulted in the passage of the Canada Labour Code and the various Provincial Labour Codes in this nation.

Without that legislation, the relationship between the employer and employee would be at the mercy of laissez-faire, unregulated capitalism - and the history of unregulated capitalism is one of unmerciful suffering endured by workers.

Martin Gardner, famous author and critic and the subject of a recent David Suzuki's "The Nature of Things" on CBC, wrote to me in 1995 and warned of the "evils of unregulated capitalism" in his letter. In the latest issue of "The Atlantic Monthly," (Feb/97) George Soros, multi- billionaire and king of the free-marketeers, argues: "Although I have made a fortune in the financial markets, I now fear that the untrammeled intensification of laissez-faire capitalism and the spread of market values into all areas of life is endangering our open and democratic society. The main enemy of the open society, I believe, is not longer the communist but the capitalist threat."

If a total of $16.50 per month helps maintain a fair balance between the interests of employee and their employers, then I would argue the cost, like insurance, is money well spent. I don't, however, wish to see that money spent advancing a cause, or causes "not sufficiently related to the concerns of the bargaining unit" that represents me or you. Want to push the latest 'politically correct' fad? Hire your own lobbyist, with your own money, but don't waste the limited resources available to our union on matters that don't concern the workplace.

Legislative Boards and representatives do much more than lobby. The Provincial Legislative Board handles problems with Workers' Compensation Board claims in Ontario. Some of Div. 295's members have been recipients of awards amounting to thousands of dollars as a result of the Provincial Legislative Board's activism. Confusing regulations and red tape are often ironed out because of the PLB Rep's experience and knowledge. Try and imagine what it would cost to hire a lawyer to handle a case for you. $16.50 per month, or a bill for legal services costing thousands - you decide?

$77.00 minus $16.50 = $60.50 now who gets the rest? If you guessed that $42.00 goes to the General Committee of Adjustment each month, then you have attended a regular monthly meeting at least once in the past 2 years!

What is a G.C. of A? Why do they get the lions share of our dues?

All these years you thought it was that big, bad International Division in Cleveland, (those Americans who actually rebelled against the crown and worst of all, got away with it!) who ate up all our hard earned dues. The 'truth is out there', and the 'truth' of the matter is the G.C. of A.. gets 42 per cent of our monthly dues. How do they spend the money? What do we get in return?

Under Standing Rules 10(a), (page 123) we get a salaried General Chairman who according to Standing Rules 11(a) shall: "devote his whole time to the interests of the members on his system and visit the divisions..."

For those of you who wonder what a 'system' is, it is the members who are represented by the G.C. of A. In the Eastern Region our system consists of the members of Div's 168, 258, 288, 295, 308, 319, 381, 388, 528, 562, 658, 689 & 788. On any given month, there are approximately 600 qualified locomotive engineers represented among the 13 Division making up this 'system.'

The divisions stretch from Schreiber to Montreal. Quite obviously travel accounts for a large part of a G.C. of A.'s time and expense.

The G.C.of A's is the body that negotiates a collective agreement with the employer on behalf of the members of a system. It also adjusts grievances that are unresolved by a Local Committee of Adjustment, (your Local Chairman). Remember you have a Vice- General Chairman and Secretary Treasurer who do work on behalf of the G.C. of A. While they are not-full time positions, these individuals must be reimbursed for the work they do.

The General Chairman is often the last line of defense for a members who has been fired for accumulation of demerits or who is appealing disciplinary action by the company. Much time is spent preparing cases for arbitration before the Canadian Office of Arbitration, (Mr. Picher).

These proceedings are quasi-judicial forums and require exacting standards of research and evidence, much like a criminal or civil trial. The role good evidence plays in resolving one of these cases can't be underestimated. And, like anything in this world, the services of an arbitrator isn't free, or cheap. Both sides, the company and the union share the cost of arbitration - who do you think can afford it least?

We are 600 men paying $42.00 per month to wrestle with a corporate giant whose revenues exceed 3 billion dollars each year! A bit like a flea on a elephant's rump, is it not?

Lastly, but not least, the $18.50 left over trickles down into the hands of Div. 295. From this, all the expenses of running a division are (hopefully!) paid. The cost varies from month to month, depending mainly on how many times the Local Chairman is required to represent a member during an investigation.

It was hoped that by having one Local Chairman in 1995 Div. 295 would save money compared to having two Local Chairmen in 1994. When I compared the cost of 1994 with that of 1995, our expenses were $300- $400 dollars more having one Local Chairman! I think this is because two men can better juggle their schedules so they don't have to miss work when attending investigations. Of course, the total number of investigations and their duration were also deciding factors. I would like to point out one time consuming and exasperating problem that keeps re-occurring each month. The company seems to be unable to accurately deduct dues from members who either are, or are not set up as engineers as of 0001 hrs on the first day of the month. As a result, some members have been deducted dues when they were set back as cond/train/yardmen. I am aware who each of you are and the division will reimburse you for dues improperly deducted.

Please keep in mind it is the company who is making the error, not your Secretary Treasurer. I sent a complete list of engineers set up back at the beginning of each month to the Staff Records Clerk in Montreal. For some reason(s), despite the state of the art computerized payroll deduction system the company has, they are unable to record the information correctly. This has caused untold administrative nightmares for myself, and the G.C. of A. Secretary Treasurer.

Finally, I would like to point out that when I first took on the job as Div. 295 Secretary Treasurer I believed there were rampant excesses throughout the BLE when it came to spending the union dues collected from each member. In my investigations so far, I am pleased to report that such a belief was, for the most part, erroneous.

There are some things that could be done to reduce monthly dues and still maintain an effective union, and members must be ever vigilant to safeguard the BLE's financial well being. However, the monies are, in my opinion, well spent.

I trust this article will help renew your confidence also.

Sincerely and fraternally,

D.F. HUGHES
Secretary Treasurer Div. 295 BLE

Copyright © 1997 Brotherhood of Locomotive Engineers - National Legislative Board - Canada