Saturday, April 29, 2006

Subject: Re: CEP/CMAW/JVD / pulp fiction survival agreement

Date: Mon, 06 Mar 2006 07:46:59 -0800
From: Josh Coles
Subject: Re: CEP/CMAW/JVD
To: dave

Ok,
After you give it a good read, let me know which parts you think really stink.

And I find your fatalilism about the pulp mills unfair to workers. It is up to union leadership (who are usually the members while on the tools, a la Port Alberni) to try our best to save family support jobs. I think if you went into a PPWC meting and said what you said below you would be shot. We've got to try, Doc, to find solutions and not give up.

- Josh
----- Original Message -----
From: "dave"
To: "Josh Coles"
Sent: Monday, March 06, 2006 5:14 AM
Subject: Re: CEP/CMAW/JVD

Hi Josh, thank you, I will read it, your letter was all that I had hoped for and explained many things I had doubts about. I personally do not think that we will be able to save the pulp industry in BC, certainly not on the backs of the workers, I have started to read the agreement you sent and it reads worse than the Allied hydro agreement so far, anyway off to work and thanks again.
--
fraternally, dave livingston
http://carpentersunionbc.com


Date: Fri, 10 Mar 2006 17:30:20 -0800
From: dave
Subject: Re: CEP/CMAW/JVD / pulp fiction survival agreement
To: Josh Coles
Cc: jannoster@yahoo.ca, Randy Smith

Josh wrote:
-Ok,
-After you give it a good read, let me know which parts you think really stink.


well, I am half way thru the pulp fiction survival agreement, line by line and not one sentence is acceptable, it obviously was written by a company lawyer, it certainly was not done by any person who ever worked a day in his life, it is the most concessionary regressive, repressive, constricting piece of junk i have ever read, it is an embarrassment as a union member, an embarrassment as a Canadian and is setting very bad precedents for negotiating for the rest of this century. the negotiating committee should be ashamed and the union officers who signed off on it should be the subject of a class action lawsuit for failure to represent their members. it makes ledcor look good, it makes clac a viable alternative. it really stinks. and what it does for stewards is a crime, and to think that ginger goodwin died for the 8 hour work day... everyone who had a hand in it should not only resign but pay back the wages that union members paid them for this betrayal.
--
fraternally, dave livingston
http://carpentersunionbc.com

if they work under Coles Pulp Fiction agreement = 365 days at straight time...

Unions, companies need to meet halfway on foreign workers, says analyst - Fort McMurray Today
The debate on hiring temporary foreign worker reignited when Canadian Natural Resources Ltd. decided to bring in workers from China.

This fall, several hundred Chinese workers will be arriving at the Horizon site. Lynn Zeidler, vice-president for Horizon construction management, told The Globe and Mail that CNRL will bring up to 1,800 Chinese workers.

Friday, April 28, 2006

and one year later the struggle continues, this time against Dave Coles and the undemocratic CEP masters

"Canadian workers want control over their own union affairs," says Dave Coles, Vice President of the Communications, Energy and Paperworkers Union and partner with the BC Carpenters in CMAW. "This is no surprise to us; CEP was created by merging unions who had all left their international masters. These workers are simply continuing the struggle for independence."
------from the Western newsletter April 2005

Thursday, April 27, 2006

IT'S ALL ABOUT TRUST

IT'S ALL ABOUT TRUST

"For me, this struggle in the trade union movement has always been about personal relationships and personal trust. Trust that our reps have with our members. Trust that our members have with us. Trust that we have for each other.  And if we don't have that, we don't have very much. And it's why we have survived to this point because we have that."

From the speech given by Brother Len Embree, at the 61st Annual BCPCC Convention, November 25, 2004


Brothers and Sisters,

Without trust our Union's survival is threatened. That is why we find it necessary to inform the membership we have come to the conclusion that by their actions, the leadership of our Union has shown us they can no longer be trusted.

Remember our vision of a strong and proud autonomous democratic Canadian Union (CMAW)? Remember how the CEP reached out to us in support in our struggle to break the shackles of the International? Well that was then and this is now.

Now there is another agenda afoot. An agenda driven by Dave Coles, Vice President CEP Western Region along with the resident officers of our Union. An agenda that is secret. An agenda created behind closed doors. An agenda that is undemocratic.

That agenda is a wholesale takeover of the BC Provincial Council of Carpenters by the CEP without the knowledge of some of the Executive Board and without the vote of the membership.

To illustrate just some of what has gone on recently, consider the following examples:

  • In February 2005 President Embree hired several organizers on Provincial Council payroll without Executive Board approval at a cost of hundreds of thousands of dollars.

  • Under President Embree's direction these organizers have been working directly for the CEP in Alberta and BC and have been involved in negotiating, selling and ratifying CLAC-type agreements in the pulp & paper sector.

  • The resident officers of the BCPCC support the double-breasting of JVD Mill Services Inc. JV Drivers Constructors is a CMAW certified company with an industry standard collective agreement. The resident officers supported the CEP Local 470 double-breasting certification and were heavily involved in negotiating a CLAC-type "Pulp (Fiction) and Paper Survival Agreement".

  • On January 30, 2006 Dave Coles misled the CMAW Executive Board stating there was no collective agreement between CEP Local 470 and JVD Mill Services Inc. when clearly an agreement was in place and it was basically the same CLAC-type agreement they had reached in Alberta.

  • On April 29, 2005 the resident officers Len Embree and Pat Haggarty signed off on amendments to the CW Pension Plan Trust Agreement without Executive Board approval.

  • On June 30, 2005 when confronted by the Executive Board about the amended Trust Agreement, President Embree stated he knew nothing about it.

  • The Trust Agreement amendments were very significant and should have been brought to the Executive Board to ensure that due process was followed.

  • The resident officers were instrumental in ramming a motion through the April 4, 2006 meeting of the CMAW Executive Board stripping the rights of Local Unions to hold their own bargaining rights and certifications.


  • Rather than dealing with any of the problems they have created and working with the Executive Board to rectify them, the resident officers Embree and Haggarty have decided to circle the wagons to defend their actions. President Embree has refused to call Provincial Council Executive Board meetings even after the Executive Board directed him to hold meetings no less than once every 2 months. Secretary-Treasurer Haggarty has now decided to conduct Executive Board business through e-mail polls. The resident officers have postponed convention to avoid facing the delegates.

    Brother and Sisters, it is time to expose the resident officers for mismanaging this Union. It is time to put honesty and integrity back into the leadership of our Union. It is time to rebuild trust. President Embree had one thing right - without trust we don't have much. Without trust our survival is threatened. Clearly President Embree isn't practicing what he preached, who are the victims? You - the Union!

    In Solidarity,
    The undersigned.

    Tony Heisterkamp - 1st Vice President, Provincial Council
    Paul Nedelec - Vice President, Provincial Council
    Steve Borho - President Local 1719
    Brian Zdrilic - Executive Board Member, Provincial Council
    Bob Eaton - Vice President, Provincial Council
    Sandra Backer - Vice President, Provincial Council
    George Jalava - Vice President, Provincial Council
    John Colbourne - Executive Board Member, Provincial Council
    Dave Sewell - President Local 2106
    Jim Senior - Business Agent Local 1989
    Dave (Doc) Livingston - Executive Board Member, Local 2300
    Charlie Scaling - Executive Board Member, Provincial Council

    CLAC Update: it sounds just like the Pulp Fiction agreement being pushed by the Coles Gang

    read full article: Ironworkers reach deal to work at Horizon - By Sarah O'Donnell, The Edmonton Journal
    The ironworkers also agreed to a schedule that will allow crews to work for 10 days straight, followed by four days off. Traditional schedules see tradespeople work five eight-hour days followed by two days off, or four 10-hour days followed by three off.

    "It's always important for us that the workers who come to our site are committed to work," said Lynn Zeidler, vice-president of Horizon. "Having that agreement demonstrates the union's commitment to supply workers to the site."

    Building trades council executive director Paul Walzack said the ironworkers' decision to sign will have a "negligible" impact on his group's ongoing fight against Horizon's terms.

    "Should they see that it is to their advantage to pursue a specific piece of business, that's their option," Walzack said. "The view that the ironworkers have taken is certainly not the view of a majority of the building trades affiliates."

    Alberta Federation of Labour president Gil McGowan, whose membership includes southern Alberta ironworkers, said he was disappointed and surprised by the decision.

    "There's a very good reason why the majority of building trades unions have made protecting double-time their hill to die on," McGowan said.

    Tuesday, April 25, 2006

    Full Circle Jerks at Kingsway

    from Haggarty to Coles the new spin is if you are against the CEP usurpers you are for the International, it makes a fella wonder if Council is takin' marchin orders from the UBCJA... sorta like the IWA going back to an international union instead of staying Canadian

    Dave
    You can post my letter and reply from Josh. It just shows how out of touch people at the coast are with members. Josh had no comment other then he feels I'm wrong. This is 2006 not the 1800's

    Tony

    Subject: Fw: Pulp mill agreement Paul and Dave this is the response I got from Josh What a bunch of CRAP

    ----- Original Message -----
    From: Josh Coles
    To: Tony Soichuk
    Sent: Sunday, April 23, 2006 7:34 PM
    Subject: Re: Pulp mill agreement

    Tony,

    Thanks for emailing and letting me know how you feel. While I of course disagree with most of what you say, I hear and respect and your opinions just as I am sure you respect the members that voted for and are working under the Pulp Mill agreement. 

    Autonomy means that if the majority of any membership group (a crew with a particular employer, for example) wish to vote to leave CMAW and go back to the International, you are certainly provided that right.

    I will let others know how you feel. Again, thanks for writing.

    In Solidarity,

    Josh Coles


    ----- Original Message -----

    From: Tony Soichuk
    To: rep paul nedlec ; dave livingston ; coles@shaw.ca
    Sent: Sunday, April 23, 2006 3:53 PM
    Subject: Pulp mill agreement

    Dear Josh
    I sent an email to Jan Noster you didn't get one because I didn't have your email address. It isn't just Dave that dislikes the agreement talking to a lot of local 2300 members I haven't found one that likes the agreement.
    Pulp mills are going the way of the dinosaur all you have to look at is competition from other cheaper countries. The price of pulp is way down and will probably not go back up shortly or ever.

    With the work situation in B.C. at present we should be making great strides to get ahead in wages, shorter hours, better payments into the pension plans and better benefits. But when some butthead makes an agreement that puts us back 30 years there is something very wrong with this picture. Working 10 hour shifts 10 days straight lousy time and one half for overtime and this crap about a three month trial period then a person can be fired is totally rediculious. We are going backwards.

    This wedding with CMAW should be annuled. If we go back to the international we KNOW where we will get it in the end without the vaseline.

    The people that have signed these substandard agreements should be tarred and feathered and shipped to some backward country where their ideas might go over well because here they stink.

    Tony Soichuk
    Local 2300
                                                                              

    Sunday, April 23, 2006

    Coles' career ending move, a photo essay

    Dave Coles tries to explain how he negotiated a substandard clac clone agreement and demonstrates how his head melted as he realized the the JVDriver agreement became a career ending move.
    larger image

    Saturday, April 22, 2006

    A Predatory Message from Dave Coles

    ok, got it, the missing or censored or disappeared original and hastily removed yet very revealing CEP West March 2006 newsletter article from Dave "the predator" Coles:

    A Message from Dave Coles
    In addition we are branching into the construction sector, which is new for us. First, we negotiated an affiliation agreement with the BC Provincial Council of Carpenters which became the Construction, Maintenance and Allied Workers (CMAW). Subsequently we formed CEP Local 470 which represents construction workers at JVD Mill Services.

    In the past few weeks we have made several certification applications in BC and Alberta.This is partly a strategic move to protect our certification from other predatory trade unions but, more importantly it is to increase employment opportunities for our in-plant members.

    What is critical in our ability to successfully organize is input and support from you, our members. It is next to impossible to organize any workplace without inside contacts. We urge you to talk about our union with your friends and neighbours and when you find interest in CEP from someone at a non-union workplace please contact any of the region’s vice presidents.


    ===========
    for comparison, the changed newsletter excerpt and CEP link is at A Message from Dave Coles
    In the past few weeks we have made several certification applications in BC and Alberta. We are both protecting our in-plant maintenance work for CEP members and creating an opportunity to have more CEP members perform other industrial capital work.

    ===========

    well Dave, we get the message, and if you have a problem with this post your kid has my email address and phone number from back in the days when I mistakenly trusted him too, so save us all some trouble and resign now

    signed dave livingston, local 2300

    Saturday, April 15, 2006

    Forward Look Article - April 2006

    click for full text: Forward Look Article - April Tim Thompson - Viewpoint, Recording Secretary, Wage Delegate. Local 592, CEP. Port Alberni, B.C.
    The main thing I wanted to add relates to last month's article and the excellent input from Bob MacAdams in the comments section. I would respond that what Jim and I had to say was probably quite toned down compared to what was said to Dave Coles at the Wage Caucus meeting in Vancouver at the end of March. Our Regional Vice President was roundly chastised by the Caucus over the JVD issue and he took the heat although I don't think he thought that he had done anything out of the ordinary. There were a couple of motions passed, one instructing the regional office that there are to be no meetings of western regional reps with any employer without the presence of local union representation. The other one calling for the caucus to be provided with a detailed, itemized breakdown of all costs associated with the CEP's involvement with CMAW and Local 470. This motion was passed because we were told that no money was spent on this and that answer did not seem to fit with some of the other things that we have heard.

    Dave Coles did not resign over this. I have not had a chance to study the Constitution to see what provisions there are for impeachment and I suspect that would be a hard thing to accomplish anyway. The strategy of CEP may well support this kind of thing even though caucus and our membership do not. The best thing that could happen would be for a better candidate to run against Dave Coles at the Constitutional Convention in the fall. Hopefully a good candidate will step forward and be successful."

    Friday, April 14, 2006

    CMAW weblog comments - keep it civil

    Comments are enabled on this weblog, you may post anonymously if you must, but please keep the comments civil, no need to be lewd - just be glad there is a venue for saying your piece. I have been critized for letting some of the comments remain, but since we have no other way to respond to changes in our union I have decided to let the comments continue to be posted. We have had our conventions cancelled, our newsletters are few and far between, stories have circulated about the marriage to CEP going south because of a pulp fiction survival agreement being pimped around the worksites and even rumours about a palace coup at CMAW; meanwhile the International pariahs continue to circle just outside the clearing. In that context feel free to post your thoughts and concerns and ask your questions, just exercise a bit of decorum.

    I hear there will be a letter sent to all members in the next week or so addressing some of these issues; in the interim here are two new graphics:

    larger image



    larger image


    even larger hi-res image

    Sunday, April 02, 2006

    Forward Look Article - March

    Forward Look Article - March 2006 - Tim Thompson - Viewpoint - Recording Secretary, Wage Delegate. Local 592, CEP. Port Alberni, B.C.
    The whole JVD preferred contractor issue is an excellent example of this. Both our regional union reps and Catalyst worked together on bringing this about, but for the most part, the individual locals (including 592) were left out of the loop. Very little information was conveyed to us until they were in our mill.

    There are a great number of concerns that our maintenance crews have over this whole thing, and rightly so. But as long as we continue to be diligent over enforcing the contracting our language in the Collective Agreement then we should see no more contracting out than we have in the past. We also need to be diligent in making sure that the company follows up in auditing JVD’s work, costs, and safety to make sure they live up to the claims it makes about itself as a company.

    blog note: click the link above to read the full Timview Weblog posting and comments
    and here are two scans in jpg format of the March Issue of Forward Look

    page 1
    page 2

    To All Pulp and Paper Locals in British Columbia

    DUNCAN BAY LOCAL 1123
    March 23, 2006

    Dave Coles
    CEP Western Region V.P.
    540 - 1199 W. Pender
    Vancouver, BC V6E 2R1

    Brother Coles:

    At our March 20th general membership meeting, we discussed the recently signed CEP 470 / JVD "Pulp & Paper Survival Agreement". The membership of Local 1123 has asked me to relay to you and others in our industry, their disgust, that the CEP would bargain such a substandard agreement knowing full well the impacts that it will have on all Pulp & Paper locals in our province.

    We have always had fights with the employer over the use of contractors in our mill. In 1994 when the employer started pushing harder for flexibility, we knew it would ultimately lead to the downsizing of our maintenance workforce, which could mean more and more contractors.

    As you will remember, the 94 negotiations weren't completed until Feb 95, and one of the reasons why, was our position that the employer had to give assurances they wouldn't replace our maintenance workforce with contractors. We ended up getting some comfort from the Code of Ethics Letter of Understanding, (attached) which ensured that if a non-union contractor came on site to do work, they would be required to pay their employees an hourly rate equal to what mill employees would be paid. As well, there would be contributions made to the local union, and into the Pulp & Paper Industry Pension Plan.

    Over the last few years at Wage Caucus, delegates have heard your message repeated time and time again about the importance of policing the employer to ensure they are living up to the C.O.E. Our Local, like many others in the Province, has pushed back hard using the C.O.E., we know the work is ours and recognize this as an important tool for keeping it.

    We have always taken exception when other "legitimate" Trade Unions bargained rates below ours in order to enable their contractors to avoid Code of Ethics payments. You, as our chief negotiator during the last round of bargaining, knew that was an issue because our caucus had an item on the agenda trying to ensure all contractors coming on site would follow the Code of Ethics.

    It's a bitter pill to swallow when another union does something that undermines our collective agreement, but when it's our own Union doing it.... Tell us Dave: How do you reconcile that with the objectives laid out in article 2.01 of our constitution?

    Dave: What is the ultimate goal here? Why or how can you allow CEP 470 to ratify an agreement that effectively renders the Code of Ethics language useless. Our membership would like to know the answer to these questions, and they would like to hear them directly from you. Therefore we are requesting you attend our next regular General Meeting. It will be held Tuesday April 18th at 7:00 pm in the Labour Centre in Campbell River. If this time doesn't work for you, please give us a time that will work. This issue is important enough that we will call a special meeting to hear your response.

    I look forward to your response.

    Scott Doherty
    President, CEP 1123

    A Message from Dave Coles

    CEP West Newsletters - excerpt from the March 2006 newsletter:
    A Message from Dave Coles

    In addition we are branching into the construction sector, which is new for us. First, we negotiated an affiliation agreement with the BC Provincial Council of Carpenters which became the Construction, Maintenance and Allied Workers (CMAW). Subsequently we formed CEP Local 470 which represents construction workers at JVD Mill Services.

    In the past few weeks we have made several certification applications in BC and Alberta. We are both protecting our in-plant maintenance work for CEP members and creating an opportunity to have more CEP members perform other industrial capital work.

    What is critical in our ability to successfully organize is input and support from you, our members. It is next to impossible to organize any workplace without inside contacts. We urge you to talk about our union with your friends and neighbours and when you find interest in CEP from someone at a non-union workplace please contact any of the region’s vice presidents.