An Open Letter to the Editor from Mike Gallagher, Business Manager of Local 793 of the International Union of Operating Engineers.
OAKVILLE, ON, Nov. 8, 2012 /CNW/ -
Dear Editor:
As business manager of Local 793 of the International Union of Operating
Engineers, one of the largest construction unions in Ontario, I am
writing to express my concerns over legislation called Bill C-377
that's presently being studied by a House of Commons finance committee.
The legislation, known as An Act to Amend the Income Tax Act (Labour
Organizations), will result in excessive paperwork for our union,
increase administrative costs for our pension and benefit plans by up
to 20 per cent, and intrude on the privacy of our employees.
Bill C-377 will undermine our union and create red tape that will
significantly add to our operating costs. It will also increase costs
for government as an unnecessary, huge bureaucracy will be needed to
administer the Bill C-377 reporting requirements.
The legislation was introduced as a private member's bill by
Conservative B.C. MP Russ Hiebert. The bill purports to force trade
unions like ours to become more transparent and accountable, but it's
really a nudge-nudge, wink-wink attempt to take a run at labour.
The legislation is offensive to unions and the staff of our union.
Specifically, it will require Local 793 and 25,000 other local unions,
as well as pension, benefit and health and welfare trusts, to report
salaries of staff as well as any payments in excess of $5,000. This
information will be posted on a Canada Revenue Agency website for all
to see.
This is truly Orwellian-type legislation that will usher in an era where
there is no privacy and too much government control.
The bill would require administrators of pension and benefit plans or
other trusts to disclose personal details of plan members and
beneficiaries and send them to Ottawa for publication.
For example, a widow who receives a cheque for over $5,000 in life
insurance benefits would have his or her name disclosed on a public
website for everyone to see.
I fail to see how this would serve the public interest.
Why for example, would the federal government want to know how much
money an individual union member gets back from his or her dental plan
as reimbursement for braces for a child?
There are already enough checks and balances in place to ensure that
unions are accountable to their members. Unions issue financial reports
that are readily available to members and they're subject to internal
audits, which are filed with provincial authorities.
The justification for this bill has been that unions need to be
scrutinized more closely because members can deduct dues from the
income on their tax forms. However, the legislation would not apply to
groups like employer associations, and medical and bar associations,
whose members deduct professional fees from their federal taxes as
employment expenses.
Curiously, such organizations fall outside the scope of this
legislation. Why is that? If unions are targeted, why are other groups
off the hook?
By the same token, why would corporations that get tax benefits for
investing in new equipment not have to abide by the same disclosure
requirements as unions would have to under Bill C-377?
It is blatantly unfair for government to make special rules for
organizations like unions that might not support the Conservative
agenda.
Groups like Merit Canada and the National Citizens Coalition that
support the Conservatives are not required to disclose their
financials.
In reality, this legislation is an attempt by the Conservatives to
silence their critics.
Privately, Conservative MPs have told us that Bill C-377 is being
proposed because the federal government is concerned with the success
of the Working Families Coalition in Ontario. The Coalition was
supported by a number of provincial unions, including Local 793.
The provincial Tories challenged the legality of the Working Families
Coalition before the courts on two occasions - and they lost both
times. Bill C-377, then, is really about paying back the unions for the
success of this legal third-party organization here in Ontario.
It's becoming increasingly clear that Merit Canada, which represents
open shop construction associations, is the real force behind this
legislation. Merit is the same group that successfully lobbied the
government last year to repeal the Fair Wages and Hours of Labour Act
that eliminated federal fair wages for construction. Merit Canada
president Terrance Oakey has bragged publicly about his unprecedented
access to government. Media reports suggest that the prime minister's
chief of staff and director of planning have both been in several
meetings with Oakley and MP Hiebert to discuss Bill C-377.
Curiously, though, Merit fails to publicly disclose any financial
information and will not be required to by this bill if it passes.
Unfortunately, Conservative politicians aren't speaking out against this
odious legislation. They should follow the lead of Brent Rathgeber,
Conservative MP for Edmonton-St. Albert, who has stated he can not
support Bill C-377.
Rathgeber, a lawyer, recently stated in a blog on his website that both
the scope and the breadth of the legislation is causing him some
trouble.
"Where is the public interest in any of this disclosure?" he asks in the
article.
I find it ironic that the Conservative government decided to scrap the
long-gun registry because it infringed upon the privacy of gun owners
but is intent on passing Bill C-377, which would violate the privacy
rights of unionized workers.
The Canadian Bar Association has said that the legislation is
"problematic from a constitutional and a privacy perspective" and
believes it is inappropriate for it to be brought forward as amendments
to taxation legislation.
In a democracy like ours, unions must be able to operate without
government interference. Sadly, however, it appears that the
Conservatives have singled out unions for special consideration because
they were brazen enough to take part in the political process. The
message, it seems, is that organizations that tow the line have no need
to worry.
At times, democracies can be an inconvenience for governments. However,
in order for a true democracy to work, all types of groups must be
included, and that includes unions, women's rights or environmental
groups. I find it troubling that unions are being singled out with this
legislation just because they disagree with the ruling Conservative
party.
The Conservatives have no right to target unions simply because they
have a different point of view. Bill C-377 is neither reasonable nor
fair, and, quite simply, it should be axed.
Mike Gallagher
Business Manager
Local 793, International Union of Operating Engineers
905-469-9299, ext. 2202
SOURCE: International Union Of Operating Engineers - Local 793
For further information: Mike Gallagher
Business Manager
Local 793, International Union of Operating Engineers
905-469-9299, ext. 2202