Rough road ahead for labour relations at public broadcaster: Lawyer
Canada’s public broadcaster is again at odds with employees — this time, with the union and leadership butting heads.
Cuts to the Canadian Broadcasting Corporation’s labour force coupled with ideological shifts (including a focus on digital programming and reductions to local reporting ) have prompted the Canadian Media Guild (CMG) and its French counterpart, the Syndicat des communications de Radio-Canada, to call for new leadership.
The move is a rare and unprecedented one for the union, but president Carmel Smyth said the dismantling of the CBC over the last eight years has finally reached a tipping point.
"Ideological funding cuts and the strategic direction taken by CBC/Radio-Canada’s senior management have systematically crippled the public broadcaster, thereby threatening both its role as the largest and most widely available news organization in the country," Smyth said.
Of particular concern to the union is the CBC's board of directors — comprised of 12 appointees selected by the Prime Minister’s Office (PMO) for a term not exceeding five years, as per the Broadcasting Act (the document that governs the Crown corporation).
Smyth said the role of the board has become confused, and the appointments should be made by a multi-party committee based on knowledgeable recommendations. Nine of 12 current board members made contributions to the Conservative party, according to Elections Canada.
"It comes back to: 'What’s the purpose of the board and the president?'" Smyth said. "We feel that the stewardship called for in the Broadcasting Act includes advocacy and or transparency and or speaking up for the CBC — not just putting into effect the budget cuts that are handed down to you from the PMO."
As part of its demands, the CMG is also calling for a reversal of the previous Conservative government’s budget cuts and to quickly implement a new process for selecting its board that would not require any legislative amendments to the Broadcasting Act.
The CBC declined request for interviews but offered a statement, saying promises made by the newly elected Liberal government will help to restore the public broadcaster.
"CBC/Radio-Canada’s president and CEO, Hubert T. Lacroix, is encouraged by the incoming government’s expressed support for public broadcasting and their commitment to reinvest in CBC/Radio-Canada.
"He looks forward to working with them, our unions and our employees to ensure Canadians get the best in public broadcasting," CBC spokesperson Alexandra Fortier said in an email.
A new hope (in government)
While Smyth admits the situation at the CBC has become dire, she has not lost hope that change is a possibility.
The Liberal government ran on a campaign that included a promise to reinvest in the CBC to the tune of $150 million, though it provided scant detail on how it planned to do that. And when the country’s new Heritage Minister Mélanie Joly was signed in, she promised to up funding for culture and the arts.
As such, Smyth said she is hopeful further action on the union’s part — such as a legal challenge similar to the suit filed by the Canadian Union of Postal Workers against another Crown corporation, Canada Post — would not be needed.
"I don’t think that will be necessary for this particular change because it’s not that complicated," she said. "We have every reason to believe (the Liberals) will make good on promises. We don’t see any reason why it can’t happen."
Unprecedented move by union
That the CMG has launched such a concrete campaign against the CBC’s top brass is unprecedented, according to Ian Fellows, a Toronto-based labour and employment lawyer who did work for the guild 20-plus years ago.
He said the move is indicative of the current work environment at the public broadcaster.
"It’s unusual for a trade union to go public with criticism about an entire board and I really felt at the time that it was a symbol of just how severe the crisis must be at the CBC and in that workplace," Fellows said. "And, clearly, for a trade union to take such a step, it must mean there are very serious issues dealing with leadership."
The CMG’s timing is also telling, said Fellows, a lawyer at Ursel Phillips Fellows Hopkinson, as a newly minted government is often the most receptive: "A government would be unwise not to pay attention to the people who are delivering the service," he explained.
So the problem lies in the future of the relationship between the CMG and the CBC, as there is no doubt a campaign like this can cause labour tension should both parties not reach a compromise.
"(CMG) is engaging in a form of moral-suasion — that is, they are announcing to the public the concerns they have, they are announcing to the government the concerns they have, and asking that some steps be taken to address those concerns," Fellows explained.
"And then, of course, if things aren’t changed, then I would think things do not bode well for labour relations at the CBC."
