Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 27, 1981, Winnipeg, Manitoba 6 Winnipeg free press saturday. June Winnipeg free press Freedom of Trade Equality of civil rights Liberty of religion published and printed six Days a week at 300 Carlton Street. Winnipeg r3c 3c1 by Canadian newspapers company limited Telephone 943-9331 Donald Nicol published John Dafoe Edi tonal Page editor Murray Burt managing editor editorials a spotlight on the car through an extremely effective Media Campaign of protest demonstrations Manitoba Indian and Metis groups have thrown a spotlight on the employment practices of Canadian National railways. The spotlight has not yet revealed anything of substance the Public knows no More than it did a week ago about whether Indian and Metis workers on railway extra gangs Are treated fairly. It is Clear however that employers must be prepared to respond promptly to complaints of discrimination. A group of 28 Indian and Metis workers on an extra gang at ochre River walked off the Job june 12. The Manitoba Metis federation and the four nations confederacy speak ing for the disgruntled workers complained that the living accommodations were unsatisfactory and that the Foreman acted contemptuously toward the Indian and Metis workers. They demanded improvements in living accommodations removal of the Foreman and reinstatement of the workers. When the railway brushed aside their complaints the protest movement grew to include other Dauphin area indians and Metis dismantling or blocking the tracks. After a meeting with the railway management the Indian and Metis groups settled for rehiring of the workers and an impartial inquiry into the complaints of discrimination. The accusations against the Foreman of the ochre River extra gang were specific that he called the Indian and Metis workers pigs and dogs and that he asserted his authority by carrying a stick around the work site and banging it on the equipment. In has not directly contradicted these accusations. It has said after a Quick internal inquiry which did not include hearing from the aggrieved workers that there was no racial discrimination and that the same Foreman having supervised Indian and Metis workers for Many years had never been the subject of a complaint of discrimination. Nor has in contradicted the charge that toilet and Wash up facilities for the extra gang were insufficient. The precise nature of the complaints and the vagueness of the railway s response can Only leave the impression that the complaints May be Well founded. In s Contention that there was no discrimination invites the Public to conclude that it treats All its extra gang workers like animals whatever their ethnic origin. An impartial inquiry by some third party such As the Canadian human rights commission is the most reasonable Way to Nail Down the facts of the Case More thoroughly. But the dispute has grown far beyond the facts of one particular Case. The protest movement in and around Dauphin has shown that a significant number of indians and Metis believe in a major employer of native labor does not give them a fair Deal. Examination of the facts of the ochre River Case might help cast Light on the railway s native employment practices generally. But the railway should not wait for such an inquiry before starting its own review. Extra gang workers and the railway would be better served if the workers were represented by a Union. Collective bargaining and a grievance procedure would provide peace Ful and orderly Means by which the workers could press their claims or bring them to arbitration. The management is obviously not Alert enough now to detect unrest in the extra gangs and Deal with its causes before the problems get out of hand. A vigorous and democratic Union would be Able to demand redress As soon As on the Job conflicts arise. As a major employer of Indian and Metis workers the railway should also be going out of its Way to maintain Good relations with the native communities where it recruits workers to train seasonal workers for permanent jobs to train its gang foremen in management techniques that do not involve waving Sticks to appoint Indian or Metis foremen. In has a lot of track and a lot of trains out there in the Bush All the time. In its own interests the railway should be doing its Best to ensure that the people who live nearby Are glad to have the railway there. The protest actions do not by themselves prove anything about the Justice or injustice of in s employment practices. They do show organized and articulate dissatisfaction. They oblige the railway to show what it is doing and what it is prepared to do to ensure equal employment opportunities for Indian and Metis workers. And they provide a hint of the continuing difficulties the railway and other employers May face if they do not respond quickly and sensitively to charges of racial discrimination. Post office Zero hour gallery Phil Mallette the trouble with negotiations Between the Federal govern ment and the Canadian Union of postal workers is that they tend to begin where most Union negotiations end. In a Normal bargaining process the strike vote and the resort to conciliation come at the end of the bargaining process. In the Post office they usually Mark the beginning of serious negotiation. Many months earlier the Union leadership will have presented a massive volume of outlandish demands and the Treasury Board will have responded with a minimal offer. Then the two sides Glare at each other without budging until the Canadian Public is faced with the imminent threat of yet another postal strike and both sides to the dispute Are faced with the task of settling a Large number of important issues in the face of an impossible deadline. That old scenario is being acted out again As monday s strike deadline looms. The report of the conciliation Board chairman helps define the area in which a settlement ought to be possible but it also raises issues which need a lot More time to resolve than is available under that deadline. There have been some recent improvements in the pro Cess. The cup leadership has Learned something about bargaining. It appears ready to modify its earlier position that inside postal workers should get wage increases vastly above the rate of inflation while the vast majority of the canadians who Are paying their salary Are struggling to keep up with the Cost of living. The report of the conciliation Board chairman makes some reasonable suggestions for a salary settlement but in other areas it shows much More concern for the postal workers than it does for the people who depend on the Post office. The proposal for 17 weeks paid maternity leave puts the government in the position of having to make a fundamental decision on social policy with a gun to its head. There is not much doubt that existing provisions for maternity leave Are unsatisfactory. Using the unemployment insurance fund to finance maternity benefits is not the Best Way to Cope with the Issue. It May be that collective agreements in the future will tackle it. The question is whether the ground should be broken by a government institution which already cannot finance its own operations and which represents a heavy Burden to the taxpayers. There remains room for compromises which could spare canadians the Cost and inconvenience of another Long postal strike. But one of the first jobs of the Post office manage ment once the institution becomes a Crown corporation must be to find a More rational and less damaging Way to carry out labor negotiations. More threats solicitor general Robert Kaplan s threat to reduce police services unless the provinces Bow to Ottawa s Cost extortion Are beginning to have a hollow ring. Manitoba s attorney general Gerry Mercier seems More realistic when he says that ramp withdrawal from 49 major communities mostly in Western Canada is unlikely because the people involved would not stand for it. Or. Kaplan first threatened to reduce police services when the present contracts under which the Federal Force performs provincial and municipal duties expired last March. He has repeated the threat several times once suggesting that the police might be instructed to ignore All but the most serious crimes and now by suggesting that selected Community targets might have to Bear the Brunt of Ottawa s negotiating muscle. The two sides Are simply too far apart for or. Kaplan s Blunt instruments to be effective. Under the contract that expired this year provinces paid about 56 per cent of the total costs of stationing ramp officers in locations where they could enforce provincial and municipal Laws while carrying out their Federal duties. Ottawa has proposed that in the Case of some municipalities the share borne by the local taxpayers should increase to 90 per cent. Considering that or. Kaplan is not prepared to give the people he is asking to pay almost All the Cost either control of the Force or a greater say in what staffing and equipment is required it is not surprising that his initial demand has been refused. The provinces have made a counter offer which would see local Cost sharing for the Force Rise to 65 per cent. This May be too Low for Ottawa to accept but what is needed is negotiation not simply a rejection of the provincial counter offer and More threats. Unwanted economic growth by w. A. Wilson special to the Ottawa the latest figures on the nation s total output show that the recovery from recession which started late in 1980 is continuing at a modest Pace. This is in Complete contrast to the expectations of the government at the time of the budget last autumn which As finance minister Allan Maceachen readily admits was accompanied by a set of totally wrong forecasts. Now a cautious wait and see attitude coupled with uncertainty Over future Federal revenues from the Petroleum Industry has delayed any government action designed to support the policies of the Bank of Canada. On its own at least until october the Bank will be left on its own to employ High interest rates and control of the Money Supply As the main anti inflationary tools in use. That would be a difficult task for a Central Bank at the Best of times but there Are special factors in Canada that make the problem even worse than usual. The greatest of these is the Clear Impact that the government s Oil pro Gram has had on the value of the Dollar in International markets. The Dollar has slumped from around the 86-to-87 cent level last autumn to the 83-cent Range now despite a considerable improvement in the general Economy which should strengthen it. There is something close to general agreement among Bankers and others to whom Exchange rates Are of special concern that the National Energy pro Gram is the new Factor that has pushed the Dollar Down. The other factors which affect its value have been favor Able. The Nep has worked on the Dollar in two ways. Its discriminatory features have weakened the Confidence of inter National Money markets and potential foreign investors in the country. The canadians nation program creates new and heavy demands for foreign Exchange to finance acquisitions whether these Are by the private sector or the government itself. The foreign Exchange pressures of the acquisitions of the last few months Are formidable about billion for Petrovan s Purchase of Petrosina a couple of billion for dome s partial takeover of Hudson Bay Oil and Gas and about half a billion for husky s purchases from american owners. That adds up to about billion in . Funds that will have to be found and while it will not All leave the country at once the Drain is there for the markets to see. Boosts rates this might seem far from the aver age Man who probably supports the idea of canadians nation but it is an important Factor in pushing up interest rates to these Levels. Under the Best of circumstances the Cost of borrowed funds today would be High but not As High As it currently is. To the direct effects of the Nep can be added the fact that natural Gas is not realistically priced for Export and that the process of working towards competitive pricing is exceedingly slow if indeed that is the direction in which the government and the nation Al Energy Board Are working. There Are certainly people who ques Tion the Wisdom of exporting ral Gas at All but there is a serious Lack of realism in adopting a far reaching program of canadians nation with its very High costs and at the same time doing nothing to increase the country s capacity to pay the Bills. Compounds problem the government s decision to delay at least until october actions which would support the Bank of Canada and reduce Reliance upon extreme interest rates compounds the problem. Quite apart from the Energy issues there Are actions which could be taken to rein Force the monetary approach and the result would be some reduction from interest at 20 per cent. The government has been borrowing very heavily in recent weeks in the Canadian Market. It could help the Central Bank face its problems by shifting its own borrowing to International markets. Much could be done to curb excessive demand for credit. It would not be difficult to remove from the housing Market some of the steam coming from the combination of specs i lation and inflation. Above All the government could Sig Nal that it Means business on the inflation front. It refuses to give the Sig Nal. The bearded justices evade the Beard Issue supreme court justices Antonio lamer and Jean Beetz those who believe the supreme court of Canada is against beards had better examine the physiognomy is of this a gust body. Or. Justice Beetz has a Goatee and or. Justice lamer has a Bushy moustache of such ample pro portions that it would never be accept Able to Safeway stores phobia about beards. Roger Hansell counsel for Safeway was Well aware of this when head dressed the supreme court and made the Point that the Case before it centred on the arbitration Board s authority and had nothing to do with the right to Wear beards. I m very glad to hear smiled or. Justice Beetz. Won t interfere All nine judges of the supreme court sat earlier this month and agreed that they would not interfere with the Deci Sion of an arbitration Board that Safeway entitled to prohibit their employees from wearing beards. The supreme court was not making any pronouncements on whether a male in the 20th Century has the right to grow a Beard. All it said was that it was within the jurisdiction of the arbitration Board to make that decision. It did not consider whether beards were reasonable or not. Obviously justices Beetz and lamer consider them eminently Correct in the highest court of the land. But Safeway will not have its employees Wear beards. It is astonishing to record the Battle of the beards Between Safeway and the Union which lasted More than three years through arbitration boards and the courts. It also reveals that the Pursuit of Justice can be tortuous and unpredictable and in the end the courts did not decide on a Basic Issue the right of an individual to Wear a Beard. Safeway s major competitor in town Dominion approves of beards. Safeway in the Denver Colorado Region also allows employees to Wear beards after an arbitration in 1975. In Denver it pursued the matter no further despite its Clear policy that beards and Goa tees were not to be Here there were bitter feelings after a strike in 1978. And while on strike Donald Chap Man a produce clerk grew a Beard. The Beard is Blondis Brown Short Well trimmed hugs his face but mod est As it was Safeway said no. The matter went to an arbitration Board the Union and Safeway each nominating a member who in turn chose the chairman. The Board backed or. Chapman saying that beards could easily meet Safeway s requirements that they be neat clean tidy and Well Safeway played it Tough. Even before the arbitration Board made its ruling Dennis last another Safeway clerk was suspended for growing a Beard. The Union promptly sought an injunction against the suspension and it was granted and contested by Safeway All the Way to the supreme court. In this round chief Justice Samuel Freedman of the Manitoba court of Appeal posed the Issue How far May an employer go in prescribing rules governing the personal appearance and attire of his or its existing employ he said a Beard can be clean Short and indeed attractive. Its wearer can be fairly described As Well groomed. To discipline such an employee because in wearing a Beard he is not clean shaven is to act second arbitration now a second arbitration Board com posed of members different from the Chapman Board dealt with the Beard of or. Last. It decided that Safeway s ban on beards was fair and reasonable. A major Point in the ruling on or. Chap Man was that Safeway had not shown business had been damaged by or. Chapman s Beard. Safeway commissioned a poll with these findings 66.5 per cent of 493 respondents did not care 28.8 per cent said they would rather shop at a supermarket without bearded employees 4.5 per cent prefer red beards. Again the matter was fought to the end and the Manitoba court of Appeal upheld the position of the bearded. Safeway s policy Booklet under the heading personal appearance and stated that if you have whisker trouble please be clean Shaw this is the Only reference to beards. Or. Justice o Sullivan saw no Way that this could be interpreted As. Saying that employees must not Wear beards. However the supreme court of can Ada this month took the position that the arbitration Board was within its jurisdiction to examine the facts As it saw them and come to a decision. As Long As it did not exceed its jurisdiction the courts should not interfere. So the Manitoba court of Appeal says the arbitration Board exceeded its jurisdiction but the supreme court takes an opposite View. Still left to be decided in a broader forum is the right of an individual to Wear a Beard. There Are countless historical examples of eminent bearded men among them Louis Pasteur As pointed out by Alvin Mcgregor counsel for the Union. Pasteur was the father of i pasteurization and cleanliness and wore a Beard. Now the Issue has been placed by the Union before the Manitoba human rights commission. The submission is based on the claim that a ban on beards is a discrimination against sex be cause Only men grow beards. There is precedence for this line of argument. About four years ago a Man who worked in a service Industry was fired because he wore a Beard. The commis Sion suggested to the firm that this could be interpreted As discrimination based on sex. The firm rehired the Man with the Beard says Robert Best executive director of the commission. The human rights commission should take the same position in the Safeway Case. It is ludicrous Petty and narrow minded for a corporation to ban. Beards ;