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A successful minor campaign?
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In 2009, according to transaction records, I became interested in an organization called Kiva, which “uses crowdfunded microloans as a force for good, creating a space where people can have one-to-one impact, and together, expand financial access for all.”
The way it works is a bunch of strangers put in some amount, minimum $25 each, and lend it to someone somewhere in the world who needs a small loan, for example to buy inventory or equipment or whatever. The goal is the borrower gets a bit ahead and pays the loan back, and then that same money can be lent again.
It seems like excellent community to me, the idea of microloans from crowds of non-corporate lenders to borrowers without other options for survival. Money should actually circulate and help.
But at a certain point I found Kiva’s auto-generated emails upsettingly aggressive. If I remember correctly, they involved red (capital?) letters that repayments had been made in the past two days and were sitting unused in my account, subtext: shame on me.
I wrote to ask them to reconsider their tone. The red yelling was the first notification about repayments and account balance; why not start with a green FYI instead? “You are ready to lend” before “WHY HAVEN’T YOU LENT YET.”
This relatively low-cost, low-effort suggestion, made to a kindness org asking them to please be kind, was somehow not immediately successful.
I don’t know when this particular campaign of mine started, but it was long enough ago that in 2022 I wrote “I have repeatedly asked you to stop sending me emails chastising me.” Somehow – astonishingly to me – Kiva seemed more willing to help a regular lender close their account than to adopt a softer tone. (I could withdraw to Paypal in $25 increments as repayments trickled in.)
In September of this year, as my last loans concluded, I tried one more time to ask if the scolding emails could stop. “I was told the alternative was to close my account, which is obviously not my preference.”
And finally, I think, they were listening? Sara, Community Success Manager, seemed genuinely “sorry to hear that some of our emails have come across as having a scolding tone. We never want lenders to feel scolded or pushed into anything.” I’m used to customer service agents saying “I’ll pass your message along to marketing” but I think Sara actually did, and persuasively at that.
Today I got an informative email, red-less: “Did you know that your Kiva account has been inactive for 1 months and you have $26.30 sitting in your account waiting to be used?”
So instead of closing my account I joined a new loan. And I sent Kiva yet another email, this time thanking them for their tone. Campaign concluded.
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Happy union AGM day.
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I had a private comment in response to my post on Friday about questions members could put to federal labour unions, say at an AGM today. It included counter-arguments others might have in mind, so I decided to respond publicly.
I know it makes sense, historically, that centralized employees were responsible for the travel part of the labour contract. I presume the presumption started in the context of factories, where the employer provided the expensive machinery required to do the job, and when it was inconceivable that employees could do the work from home. Each side contributed something necessary to the bargain: fair enough. That’s not the case here.
What the union says was learned from the first few years of COVID is that productivity was actually improved when employees worked from home: there is no labour-related reason to require employees to commute regularly to central locations. Working from home even has all sorts of additional benefits for things the employer and current government purport to care about, like the environment, public health, and substantive equality.
To hear the union tell it, the workplace is now Orwellian and dystopian, not to mention non-compliant with the requirements the employer thought were reasonable to impose on employee home offices at the beginning of the pandemic. But then in practice the union asks employees to be patient as the employer exploits and mistreats them and official processes run slowly. For a legal presumption that, quite arguably, no longer makes sense.
For the record, here was my crude math:
Crude math (6 hours x 48 weeks) puts that at 288 hours of commuting per year. Assuming a 7.5 hour day, that is 38.4 work days. Phrased differently, that is 7.68 work weeks per year confiscated from each employee, just to go to the internet from a different room. That’s certainly more than they offer in vacation time. Even with only a half-hour commute, it’s still about 4 full work weeks per year of your free time.
I invite fact-checking. I would be genuinely interested to hear the union’s numbers on how much time this policy has already cost members, and how much their patient approach is expected to cost employees as a class before it gets resolved in court or Parliament. But I haven’t heard that the union is fired up enough about the value of members’ time to even be collecting this information for future use.
It cannot be that radical for a union to take the position that, while employees will comply with the pointless and harmful new policy the employer saw fit to impose, it will be at the employer’s cost. If this commute is, in the employer’s view, essential contractual work, it must be presumed to come from the hours the employer has contracted for. This argument is consistent with some lofty legal principles some judges care about (and also, I suspect, with the principle behind per diems and mileage: that the employer is financially responsible when it forces employees to incur costs through otherwise unnecessary travel).
If the employer is the one bearing the cost of this policy instead of employees — if commute time shortens the contract time available to employees for actual work that needs to be done to serve Canadians — then the employer will have incentive to reconsider. From what I’ve seen, nothing the union is currently doing is giving the employer incentive to reconsider.
I’d enjoy watching representatives of the federal government appear in court to argue the opposite presumption: that it has a legal right to waste employee time and compromise their health without even offering them additional pay. That not only does an employer have a legal right to unilaterally impose extra, non-productive hours without justification, but that employees should bear the costs of those hours while official processes slowly unroll. These arguments are, in my opinion, less consistent with important constitutional and contractual principles.
I’ve heard the argument that deducting commute time from contract time would make employees fight amongst themselves: “it’s not fair, my colleague’s commute is longer, therefore I do not support this policy.” I would suggest this is the wrong battle. I would hope a union that believes in solidarity would be skilled at keeping employees focused on the matter of an employer who demonstrably does not care about employee time or health instead of fighting amongst themselves.
I get that there’s a perception that office workers are spoiled, and complaining about this could seem out of touch. And yeah, their conditions and pay are better than many / most workers, undoubtedly. But what if what is actually out of touch is to not realize that it’s all the same fight against being exploited and mistreated? What if federal government workers, skilled and actually essential, are literally best situated to push back against where this is going, alongside less privileged others already in the fight? I believe that’s a lesson we’re supposed to have learned from history.
If even labour unions for skilled federal employees are this passive and uncreative about collective action under the world’s extremely bad and getting worse circumstances, we are truly fucked.
So, I argue again for a world where unions match their action to their rhetoric by taking the position that under these circumstances, for these reasons, commute time will be presumed to come from the weekly hours the employer has contracted to pay for.
Is it malicious compliance? Maybe. Is it likely to get the government’s attention considerably faster than any other idea unions have implemented to date in response? I think so. Would a judge refuse to uphold harmful and pointless government policies that exploit workers for no productivity benefit and at significant risk to their mental and physical health? I truly, truly hope so.
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Suggested questions to put to unions re: fighting in-office policies
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I’ve learned that my former union’s Annual General Meeting is being held this Sunday, 17 November 2024, including by Zoom.
My emails to the union about fighting the federal government’s return-to-office policy have gone unanswered. Presumably it’s easy to ignore me since I’m not even a voting member anymore.
But I continue to worry. It does not seem that the approach unions are taking is helping employees. Week after week, I watch my loved ones pay the price in time and well-being (which are non-renewable resources).
It is not, in my considered opinion, an unreasonable request that unions be more daring here.
So, here are suggested questions that could be put to a union, say at an AGM. Hopefully this will make it easier for someone else to get answers and action.
1. Legal principles
The “in-office” policy was imposed unilaterally by the employer, “with no consultation with employees or their unions.” The union says research shows that working from home in fact increases productivity, and working conditions at home are often considerably better than what the employer requires employees to commute to. Therefore, this policy is not about productivity, technology, or health and safety.
- Which party, legally speaking, should be paying the costs of the employer’s unilaterally imposed requirements under these circumstances?
- Does the union agree that employees shouldn’t be donating their own “free” hours here? Does the union agree that commuting hours, under these circumstances, should be deducted from the weekly hours the employer contracted for in the collective agreement, so that it is instead the employer who bears the ongoing costs of its own pointless and harmful policy?
- How long does the union expect employees to subsidize the employer’s in-office requirement while the union argues through official channels? What is the absolute best case outcome for employees from those official channels, in terms of both time and remedy?
- Does the union agree that the employer can’t be allowed to keep imposing more unpaid hours and worse working conditions on employees? Does the union’s strength come from government processes or from collective action?
2. Statistical / financial
The employer currently requires employees to commute three days a week and has already threatened four.
- Since this policy started, how many total hours have employees spent on commuting to a job that can be done equally well or better from home?
- For an individual employee who commutes half an hour in each direction, how much lost time does that work out to per year? What is this equivalent to per employee in vacation days or weeks?
- What is the total cost of compliance to members, in both time (salary) and expenses (transportation, child care, etc.), each week that the in-office policy is complied with and cumulatively to date?
- If the union isn’t tracking this information, which relates directly to the negotiated value of the collective agreement, why not?
3. Official channels
Unions have been challenging the policy through the Federal Court and it was recently decided to seek review in Parliament as well.
- What’s happening with the court case? Has a hearing been scheduled? When is a decision expected? If the decision gets appealed, how many years can members expect to wait before a final decision is issued? What is the best case outcome for members in terms of the remedy the courts could grant?
- What’s happening with the review in Parliament? If the Committee agrees to study the issue, how long is a report in a contentious minority Parliament likely to take? What are the relevant remedial powers of the House of Commons Standing Committee on Government Operations and Estimates? What is the best case outcome for members from a Parliamentary review?
- In either case, assuming the union side is vindicated, can employees expect to be reimbursed either salary or lieu time for all the hours spent complying with the employers’ policy?
4. Health and safety
Reported health and safety issues in federal office spaces include pests like mice and other rodents, bedbugs, bees / wasps / hornets, bats and cockroaches. The employer is providing inadequate equipment for employees to do their jobs and surveilling employees in ways the union has described as both Orwellian and dystopian.
In-office policies are known to have disproportionately negative impacts on certain employees, including racialized employees, women, 2SLGBTQQIA+ people, the neurodivergent, people with weakened immune systems, people experiencing mental illness, and people with mobility impairments. Pointless commutes are also bad for the environment, which affects everyone’s health.
In addition, currently 1 in 31 Canadians has COVID (1 in 31 in Québec, 1 in 28 in Ontario). It is known, including to the federal government, that COVID has been a “mass-disabling event,” and public transportation increases risk of exposure. Reinfection is a risk factor for long COVID, which can cause brain fog and fatigue and can also affect the cardiovascular system, the nervous system, the endocrine system, the immune system, the reproductive system and the gastrointestinal system.
- Has the union done a GBA+ analysis on how its “official channels” approach is affecting marginalized employees? If not, why not?
- What has to happen before a union recommends that employees not attend a workplace because the risk to health and safety is too great?
- Is the union actively tracking reports of employees who get sick in relation to the commute to a communal office? If not, why not?
- Has the union forecast how many federal employees are likely to be infected with COVID as a result of compliance with the in-office policy? How many employees are likely to become permanently disabled by Long COVID as a result? Does the union have reason to trust that the employer will provide sufficient support for sick and disabled employees?
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Environmental law: not even satire
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An article from Fatima Syed at actual news site The Narwhal, “‘We’re incredibly responsible’: Enbridge Gas president dismisses Canada’s emissions cap,” reads like an article from satirical news site The Beaverton.
The Gas President’s complaints include that government incentives being paid out to their for-profit, ecosystem-destroying industry are insufficient (“tepid, fragmented”).
The threat is to move business to the US unless Canada does a better job at capitulation. “The goal should be clear, well-designed regulatory frameworks that offer certainty to investors,” she says, referencing the only “stakeholders” whose interests matter, I guess.
“‘More nuclear and more oil, more renewables, more carbon capture, more efficiency, more innovation and more natural gas,’ she says.” More consumption, more!
And it’s not even satire.
In environmental law in law school, I formed the opinion that the Earth can’t win.
Maybe, improbably, someone has the time and money to prove to rigorous legal and scientific standards that So and So Corp did the polluting that directly caused a quantifiable harm. There are a surprising number of legal hurdles to defending the planet, but let’s assume a case gets to the remedy stage.
Here are the types of remedies I observed:
(a) a fine that’s a minor percentage of profit (also known as: the cost of doing business),
(b) a fine that’s large enough to trigger corporate shapeshifting that ensures the polluter doesn’t have to pay, and
(c) a fine the size of which is irrelevant because the government retroactively indemnifies So and So Corp.
That is an actual thing in environmental law, the Doug Ford government’s decision to overrule the Ontario Energy Board to protect corporate profits reminded me.
After law school, working in regulations, I formed the impression that present day Canadian environmental law for corporations boils down to basically: “do what you want, as long as you keep records.”
That sounds cynical, but it’s consistent with the critique that Liberal governments’ primary concern is generating paperwork, not helping citizens. See also, the proposed federal oil and gas emissions cap to which the Gas President objects:
Senior government officials said their modeling showed the industry’s production levels would grow 16 per cent between 2019 and 2032 with their proposed emissions cap rules in place, versus 17 per cent projected growth without a cap.
Over a hundred pages in the Gazette for a one-percent difference in industry greenhouse gas emissions eight years from now.
No wonder more overtly capitalist governments don’t want to wait for environmental assessments to finish before starting construction projects, if it’s pointless paperwork and a foregone conclusion. I’d be annoyed too.
My preference would be for governments that prioritize a planet with breathable air and drinkable water over corporate profit, but that doesn’t seem to be on offer.
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History
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I’ve complained before about how history was taught to me in school. Most of the time it was extremely dull. I didn’t want to memorize the dates of battles far away in time and space that had no clear significance to my life. Surely there is a better use of everyone’s time.
I don’t recall anyone attempting to teach me about residential schools. A field trip in grade 7 or 8 to la ville de Québec was presumably intended to teach about la Bataille des plaines d’Abraham but I mainly retained that the phones au Château Frontenac were fun.
The closest I ever got to actually learning history involved a mandatory independent study resulting in a presentation and q&a. I was assigned Stalin, and my recollection is I paid more attention to the psychology than to the “history” per se. Because why are we learning about monsters if not to understand how to spot and avoid them in future?
Where I think the education system really failed me (us?) is re: what exactly it is we’re supposed to have collectively learned re: authoritarians and human rights. I think about this every November, as people put on poppies and attend elaborate ceremonies where everyone agrees “Never Again.”
I don’t understand what it is many people are remembering. How fun it is to persecute people? That genocide is a topic for debate?
Maybe we’d have gotten here anyway if more history teachers had been more explicit about how fascism sneaks up and is bad, actually.
But an apparently legitimate vote, for a second term? When a smart and well-funded woman was the alternative?
It’s hard to go through. Again.
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About the author
CKirkby
- earned degrees in language / literature and law (but is not currently a lawyer or a journalist);
- worked for over a decade on Parliament Hill;
- misses writing; and
- appreciates thoughtful comments, en anglais ou en français. (Email addresses are not published.)
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