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70 JUST LABOUR vol.

8 (Spring 2006)

The following are definitions of terms


ABORIGINAL ORGANIZING
used in this article. Aboriginal is an all-
IN SASKATCHEWAN: THE inclusive term for Indians, Métis and
EXPERIENCE OF CUPE1 Inuit peoples. Indian is a term that
describes all the Aboriginal people in
Don Moran Canada who are not Inuit or Métis. In
National Staff Representative, addition, there are three legal definitions
Canadian Union of Public that apply to Indians in Canada: Status
Indians, Non-Status Indians and Treaty
Employees (CUPE)
Indians. Status refers to whether an
Regina, Saskatchewan, Canada Indian person is registered under the
Indian Act and meets the requirements of
the Act. A Treaty Indian is a Status

I
have been involved in Indian who belongs to a First Nation that
organizing Aboriginal signed a treaty with the Crown, or a
workers for about 25 person of Aboriginal ancestry who holds
years - first as an Aboriginal union treaty status under the Federal Indian
Act, as identified through the
activist and now as a national staff municipality codes indicating the
representative working for the registered reserve. First Nation is a term
Canadian Union of Public that came into common usage in the
Employees (CUPE) in Saskatchewan. 1970's to replace the word "Indian".
The only reason I got involved in the Although the term First Nation is widely
union was to boost Aboriginal used, no legal definition of it exists.
employment in the 1980s using an Among its uses, the term "First Nations
Peoples" refers to the Indian people in
employment equity plan. Within a
Canada, both Status and Non-Status.
few years I became Chief Shop Many Indian people have also adopted the
Steward in my CUPE local union in term "First Nation" to replace the word
the City of Regina and got involved "band" in the name of their community.
at all levels and in all issues of the Métis people are of mixed First Nation
union, gaining a broad base of and European ancestry with a shared
education and experience. As a history, common culture that draws on
their diverse ancestral origins, such as
result I gained the members’ respect
Scottish, French, Ojibway and Cree and a
because I knew my stuff and helped unique language. Inuit refers to
make gains for the local. By not Aboriginal people in northern Canada,
being seen as a one-issue guy I was who live above the tree line in the
Northwest Territories, and in Northern
1The following article is based on a presentation
Quebec and Labrador. The word means
on Aboriginal Organizing at Advancing the Union
"people" in the Inuit language -
Equity Agenda conference, March 2005. With Inuktitut. The singular of Inuit is Inuk.
thanks to Cheryl Stadnichuk, CUPE Saskatchewan (Source: Manitoba Centre for Health
Research Representative for assistance. Policy at:
http://www.umanitoba.ca/centres/mchp/c
. oncept/thesaurus/thesaurus_F.html)
Moran 71

later able to turn my focus back on Aboriginal people of workforce age


getting a representative workforce. are participating in the workforce.
I have come to realize that The unemployment rate of
unions have made advancements on Aboriginal people is 20 percent,
Aboriginal issues but we’ve only just more than double the non-
begun to scratch the surface. There Aboriginal rate. The cost of under-
is a lot more to be done, and more utilizing our workforce is borne by
quickly, now than in the past. It is everyone. There will be enormous
not easy to organize Aboriginal savings if we can take every
workers or improve their conditions opportunity to ensure that
of work. As CUPE has become more Aboriginal people have access to
intensely involved in organizing in jobs and economic activity. It has
the Aboriginal community in been estimated that by working
Saskatchewan, Manitoba, British together and providing training and
Columbia, and Quebec, we had to employment opportunities for
constantly reflect on our organizing Aboriginal people, Saskatchewan
strategy and adapt to new can expect an estimated gain of $1.2
situations. What follows is a billion annually, due to reduced
discussion of some of what we have health, human justice services, and
learned through our experiences. social assistance costs.
At a national union meeting
WHY ORGANIZE IN THE of Aboriginal workers - many issues
ABORIGINAL COMMUNITY? were talked about which included
deplorable housing, high suicide
In Saskatchewan, fast rates, abuse issues and social
changing demographics are one conditions - not the usual list of why
important reason why unions need unions organize workers. But
to be doing more to improve the job organizing is just the right thing to
opportunities and working do. It is a provincial tragedy that
conditions of an emerging employers have not yet removed
Aboriginal workforce. Large growth barriers to Aboriginal workforce
is expected in the Aboriginal participation at a representative
community, rising from 14 percent level. The demographics speak of a
now to about one third of the disaster in the making, if nothing is
population of Saskatchewan by done to resolve these issues.
2045. One of every four new labour We are also seeing a growth
force entrants in Saskatchewan is in the number of Aboriginal
expected to be Aboriginal in future. employers as First Nations increase
Over the next ten years an their economic activity and continue
additional 46,000 Aboriginal people to expand their inherent right to
will be ready to enter the workforce. govern their own communities. In
Currently only 47 percent of Aboriginal workplaces – band
72 JUST LABOUR vol. 8 (Spring 2006)

councils, or First Nations and Métis as Friendship Centres or started


institutions and enterprises – the making contacts on reserves, we
workers are mostly unorganized faced a number of obstacles that
and have little job security or other have made us rethink how we do
protections. CUPE has been this work. Some of these obstacles
developing a working document on include lack of understanding about
how to organize Aboriginal workers unions in the Aboriginal
for a number of years. We need to community, opposition from
build on this experience and Aboriginal leadership, questions
continue to revise and advance regarding jurisdiction in labour
strategies for organizing in the relations matters, and the need for
Aboriginal community. A national different approaches to organizing.
meeting of Aboriginal activists, staff
and political leaders in the spring of CREATING A POSITIVE IMAGE
2006 occurred to develop a national OF UNIONS
organizing plan, identifying
provincial targets. One of the lessons we
Unions need to prepare for learned quickly in our organizing
an influx of Aboriginal workers in strategy was that we had to try to
the workplace and examine their build a positive image of our union
own union structures to see if there and unions in general. Several years
are barriers to Aboriginal ago an Aboriginal staff member
participation. Unions also need to went out to organize staff at one of
consider how to represent the largest bands in the province.
Aboriginal members in the Shortly after his visit to this reserve,
workplace. This may mean he received a letter from the band
understanding and negotiating stating that he was not allowed on
different collective agreement the reserve unless he got approval
language. first from the band and council.
Through this incident we
CUPE’S ABORIGINAL realized that we had to try and
ORGANIZING STRATEGY change our image and the
perceptions that the Aboriginal
CUPE’s Aboriginal communities have of unions. Since
organizing strategy has been then, for the past four years, we
constantly evolving over the years. have hired an Aboriginal organizer
We already represent support staff who is First Nation. This organizer
at the Saskatchewan Indian has traveled to all the reserves in
Federated College, workers at three Treaty Four,2 has set up tables at
Friendship Centres, and the Fort
Qu’Appelle Indian Hospital. As we 2 Treaty Four refers to a treaty signed with
started organizing workplaces such Aboriginal bands under the Indian Act. Treaty
Moran 73

Pow Wows and has handed out negotiators across the province in
information about our union. CUPE their contract proposal package.
has also hired an organizer from the
Métis Nation to attend and set up a DIFFERENT APPROACHES TO
table at the largest public event the ORGANIZING
Métis hold annually, which is the
Back to Batoche days. We have also We realized from the start
been developing our own materials that organizing Aboriginal workers
specific to the Aboriginal couldn’t be done in the traditional
community. Our organizers have way that unions organize workers.
developed a database and contact First, it is important that organizers
list for all the reserves and urban be First Nations so they understand
Indian and Métis institutions and the culture and traditions and can
have been making presentations to establish a level of trust. A much
some of the reserve schools about more personal approach is required
unions. One of our goals is to create compared to the traditional union
a presence and inform people about strategy of calling a meeting of
unions because there are so many interested workers. Our organizer
misconceptions in the Aboriginal has spent a lot of time sitting and
community. talking one-on-one with people and
Another component of our feeling successful if they were
strategy was to train and sensitize all allowed into a building on a reserve.
of the CUPE staff in the province on We have also had to adjust
Aboriginal issues. We felt it was our expectations of how an
very important that we did staff organizing drive should develop.
training on a reserve to send a Once, we were organizing a large
message to the First Nations Aboriginal workplace and found
leadership and community that our that quite a few workers were the
union is working hard on these first generation that had ever had
issues. Our staff has continuous contact with a union. After we had
contact with CUPE members in many meetings with them, and it
different workplaces in the province looked like they were about to sign
and can pass on that sensitivity to union cards, they told us that they
our locals throughout the province. had to talk to their elders first,
Other important items were before they would sign the cards. It
to develop educational sessions for was a frustrating process because we
our members and to provide model were so close to getting them to sign
contract language on Aboriginal union cards and then they pulled
issues and cultural events to our back. But we had to respect that
process and be patient and wait
until they talked to an elder.
Four encompasses many reserves in Southern
Saskatchewan. We have discussed different
74 JUST LABOUR vol. 8 (Spring 2006)

approaches for organizing in justice for Dudley George (the


Aboriginal communities such as individual killed in the Ipperwash
holding a feast, an activity that dispute) and freedom for Leonard
involves the whole community, not Pelltier (imprisoned in the United
just potential union members. We States.) June 21, national Aboriginal
had one experience where one of our day, is used to raise awareness of
contacts on a reserve suggested that these concerns as well as through
the idea of forming a union be put to ongoing educational materials and
a vote by the whole community discussions.
instead of just having the workers In our strategy meetings with
sign union cards. other Aboriginal CUPE activists and
These different approaches staff from across the country, we
make us ask, “What is the role of the spent a lot of time discussing the
union in the community?” Unions social and economic conditions in
such as CUPE subscribe to the idea Aboriginal communities. The only
of social unionism - the idea that solution is to get Aboriginals
unions are not just fighting for the working and contributing to the tax
bread and butter issues for their system rather than living off the tax
members on the job, but they have a system.
role to play in creating a better
society. When we look at the DEALING WITH OPPOSITION
conditions on reserves – the high FROM FIRST NATIONS
unemployment levels, substandard LEADERSHIP
and crowded housing conditions,
high suicide rates, and the poor While the lack of knowledge
quality drinking water -- it becomes about unions is one barrier, the
obvious to us that the union has to major obstacle remains the
play a broader role in improving the opposition from First Nations
quality of life on reserves. leadership, some of whom are anti-
One way CUPE does this is union and argue that unions don’t
by raising the issue of undrinkable have jurisdiction on their reserves or
water on reserves and challenging institutions.
the dominant strategy of turning to One method that First
public-private partnerships as the Nations’ leadership use to thwart
way to address the water problem. unions’ efforts to organize
As well, the union tries to educate its Aboriginal workers is to raise
members to challenge racial questions of jurisdiction. For
stereotypes and myths about example, when the Canadian Auto
Aboriginal people and seeks to Workers (CAW) filed an application
develop broader membership to certify the casino workers at
support for the right to Aboriginal Northern Lights Casino in Prince
self-government, respect for treaties, Albert, the Saskatchewan Indian
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Gaming Authority argued that the Friendship Centre was organized,


casino was an Indian business the government pulled its funding
operating outside the jurisdiction of and moved programs that the
provincial labour laws. Centre had been administering to
In June 2000, CUPE filed an other agencies in Regina. We had to
unfair labour practice and monetary track where the programs surfaced
loss and reinstatement for a member and challenge successor rights under
who was trying to organize the the Trade Union Act. CUPE filed an
Saskatchewan Indian Institute of unfair labour practice (ULP) against
Technology (SIIT). The reply by SIIT the employer and the federal
was that the provincial government government, but the ULP was
had no jurisdiction over them, and challenged on the grounds that the
that they were under federal employer fell under federal
jurisdiction. jurisdiction and therefore a
In fact, First Nations have provincial board could not hear the
developed their own labour codes matter.
that would govern employer- We also faced a situation
employee relations. For example, the when trying to certify our union at
Scugog Island First Nation did so in the Fort Qu’Appelle Friendship
2003 shortly after the Canadian Auto Centre, where the Centre claimed
Workers organized its employees at not to be the employer and stated
the Great Blue Heron Gaming that Native Leasing Corporation,
Company. While it was modeled on based on a reserve in Ontario, was
the Canada Labour Code, it differed the employer.
in important aspects such as not Eventually, the unions won
containing the right to strike or the right to organize these workers,
lockout. The Ontario Labour but these jurisdictional issues make
Relations Board disagreed that this it that much more difficult for
was an exercise of an inherent right unions to organize Aboriginal
to self-government to regulate work- workers and consumes a lot the
related activities on its territory, union’s time and resources. The
since regulation of labour relations Union’s position when dealing with
was not a distinctive Aboriginal Aboriginal employers is to let them
tradition, and held that Ontario know that we’d rather negotiate
labour laws applied to the casino. than litigate and we encourage them
Following the Board decision the to come to the table with us.
CAW successfully negotiated a CUPE has tried to deal with
three-year collective agreement. this opposition by negotiating
We have also had to deal language in collective agreements
with the issue of third party with Aboriginal employers in British
funding, which complicates who the Columbia and Saskatchewan that
employer is. When the Regina recognizes the inherent right to self-
76 JUST LABOUR vol. 8 (Spring 2006)

government. We also have Aboriginal Affairs to promote a


negotiated language that recognizes Representative Workforce Strategy.
the role of Elders, provides leave for The definition of a Representative
spiritual or special bereavement Workforce is one that sees that,
duties and to accommodate hunting “Aboriginal people3 are represented
seasons. One of our major successes in the workplace at all classifications
is representative workforce and at all levels in proportion to
language in Aboriginal agreements their working age population “. In
and in our provincial health care other words, the workplace should
agreement that covers over 14,000 reflect the community it serves. The
health care workers in key component of the strategy is to
Saskatchewan. ensure Aboriginal people are trained
and qualified so that Aboriginal
REPRESENTATIVE WORKFORCE people can compete for jobs on a
STRATEGY level playing field.
From this general agreement
Negotiating employment flowed a Tripartite Agreement
equity plans in the workplace was signed between the CUPE Health
the first strategy unions used to Care Council, SAHO (Saskatchewan
increase employment opportunities Association of Health
for Aboriginal, visible minority, Organizations) and the Government
women, and disabled workers. (Government Relations and
When Employment Equity plans Aboriginal Affairs). A Tripartite
began in the 1980s in Saskatchewan, committee was formed to promote
around 2 percent of the workforce the Representative Workforce
was Aboriginal. Now, in workplaces Strategy, to identify any possible
with employment equity plans, the barriers in collective agreements and
participation rate for Aboriginals is to make recommendations for
between 7.6 to 9.8 percent. In change to the executive and
workplaces without a plan, the bargaining committees from both
participation rate is still at a dismal 2 the employer and the union. The
percent. Health Care sector was chosen
CUPE realized a focused because that sector was the largest
approach to get Aboriginal people public sector employer in the
working had to be a priority. province and it had the largest
Employment equity programs were variety of classifications.
not sufficient, so the union adopted The work started by getting
a strategy to enhance equity language into the collective
programs. agreement, which covered 14,000
In November of 2000, CUPE
signed a Partnership Agreement 3 Aboriginal People are defined here as Indian
with Government Relations and (First Nation), Métis and Inuit.
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health care workers in the province in partnership with union and


(See the sidebar following this management representatives
article). The tripartite committee of facilitating it for all health care
government officials, union, and workers.
employer representatives drafted CUPE has hired an
contract language to provide for Aboriginal Education co-coordinator
education, succession planning and to follow through on this strategy.
retaining Aboriginal workers. The The union made a pitch to
proposed contract language was government to fully fund this
presented to the membership of the position for one year to give the
Union. The members endorsed the Union time to find monies to
contract language that was then continue paying for this position.
presented to the union-employer Currently, we have an agreement
bargaining committee who then with government to equally share
agreed to it without making any the funding of this position by both
changes at the bargaining table. We the Union and the Government.
then presented the agreement in Changing the attitudes of
total to our membership who had Aboriginal people to unions, and to
another shot at turning down the this particular employer, was
language – but it was passed. another important focus of our
The tripartite partners - work. We found barriers to
Union, the employer, and one Aboriginal involvement through the
department of government, then partnership studies. We saw that
made a presentation to the executive seniority clauses in our agreements
council of government for funding were viewed negatively. As well,
of all educational programming Aboriginal people were not
needed for the strategy. applying for jobs with this employer
The educational because they felt that they did not
programming had to include have much of a chance of being
preparing the workplace for hired. This perception was
Aboriginal people and also reinforced by the low representation
preparing Aboriginal people for of Aboriginal people in this
workplaces, overcoming negative employer’s workforce.
effects of equity programs and Training was another key
misunderstanding of Aboriginal component of the strategy. It
people in general. An Aboriginal involved working directly with
Awareness Training workshop was other stakeholders such as
developed by the partners to engage Aboriginal institutions and
participants in dialogue to dispel educational institutions to ensure
myths and misconceptions that the training programs were in
regarding Aboriginal people. The place to qualify Aboriginal people
delivery of workshops is also done for health care positions. Numerous
78 JUST LABOUR vol. 8 (Spring 2006)

meetings were set up to assure the We have had some success


training institutions that jobs would with other components of our
be provided and to ensure that external strategy. An example is in
sufficient training spaces would be Prince Albert/Parkland Health
available for Aboriginal students. Region. The Métis community was
asked if they could train licensed
OUTCOMES practical nurses because a shortage
was identified. Through a
A major focus internally was partnership between Aboriginal and
to involve all health care workers in government educational institutions
the Aboriginal Awareness Training. the program was offered to the
It began in mid-2003, in the CUPE Métis community, with government
Health Care sector. By February funding. In the last four years, the
2005, approximately 6,700 CUPE Métis community has trained 20
Health Care workers and managers students each year and those
have received the training. graduates were all retained in
A “train the trainer employment by that health region.
workshop” was offered to workers Aboriginal people now have
within the Health sector to ease the positions such as special care aids;
workload of the two facilitators from home care workers, and licensed
CUPE and SAHO. With the increase practical nurses. There are more
and demand of the workshops, it students entering the health care
was decided that more facilitators field particularly nursing.
were needed. Twenty-four Approximately 1500 Aboriginal
interested participants took the people have been hired since the
training of which three were CUPE Partnership Agreements were
members. signed. This is a significant rise. The
Part of our external strategy participation rate of Aboriginal
involved preparing members of the people prior to signing partnership
Aboriginal community to enter the agreements was 1 percent and now
workforce. Approximately 500 is at 5 percent, across Saskatchewan
Aboriginal people have gone in the health care sector.
through a work preparation
program. The government and PLANNING FOR THE FUTURE
employer fund the program. The
Union makes presentations to Our next task is to extend the
Aboriginal people during the Representative Workforce Strategy
training. We explain seniority to other sectors where CUPE
provisions and what this represents workers in Saskatchewan.
representative workforce program is Presentations of what this strategy is
meant to do – hire and retain all about have been made to
Aboriginal people. municipal workers, school board,
Moran 79

university, and library workers and UNIONS ARE CHANGING TO


are scheduled in future for civic INCLUDE ABORIGINAL
federations and union locals that WORKERS
have not received the presentation.
Our task, as a union, is to convince It is not only our workplaces
our employers that we need to sign that have to change. Unions have
formal partnership agreements to come to realize that they needed to
address the need of getting show a commitment to the goal of
Aboriginal people into the developing a representative
workplace. This approach is making workforce. As a result, unions have
headway. Two CUPE school board made changes to their structure that
locals in Saskatoon have now signed allows for Aboriginal representation.
Partnership Agreements for a The Saskatchewan
representative workforce strategy. Federation of Labour, for example,
Aboriginal people must feel created a position for Aboriginal
welcome when they enter the Vice-President on their executive
workplace. By addressing the issues council in 1994, and formed an
of myths and misconceptions of Aboriginal Working Group in 1998.
Aboriginal people within our In 1997, CUPE created an informal
workplaces, and reaching out and National Aboriginal Council to
convincing Aboriginal people to increase the participation and
come to work within a union setting, representation of our Aboriginal
only then can we achieve a members in the union. In October
representative workforce. 2005, as a result of Aboriginal
The partnership agreement members and their partners’
on a representative workforce also organizing, the CUPE national
demonstrates to Aboriginal convention passed a constitutional
employers that relations with unions amendment to establish a formal
do not need to be confrontational. National Aboriginal Committee that
All decisions made through the will meet for the first time in May
partnership agreement reflect the co- 2006. At the provincial level,
operative spirit and practices Saskatchewan was the first region in
characteristic of Aboriginal CUPE to establish an Aboriginal
traditions. All decisions are made Council4. We also have an
through consensus. No votes are Aboriginal Vice-President on the
taken. Instead, the parties talk CUPE provincial executive and two
through contentious issues, like diversity positions on the national
seniority, until a consensus is executive board with one of the
reached. positions designated strictly for an

4 Founding meeting of the Aboriginal Council was

held in Saskatoon on June 21, 2001: National


Aboriginal Day.
80 JUST LABOUR vol. 8 (Spring 2006)

Aboriginal representative. get Aboriginal workers to sign union


We’ve come a long way since cards, we want these workers to
the days when Aboriginal issues know that there is a place within
were delegated to Human Rights CUPE that represents them, gives
committees of our union. It is them a voice, and provides them
important to emphasize this because with the space and resources to be
part of our long-term vision has activists in the union.
been to create an “Aboriginal
Union.” CUPE’s Aboriginal Council CONCLUSION
is a union within the union – a place
where Aboriginal members can So, what can the union do to
come together, discuss the issues improve conditions for Aboriginal
they are facing in the workplace and people? We can continue to sign
in their lives, and play an active role and push for the implementation of
in developing strategies and making partnership agreements and
decisions within the union. employment equity to increase
We’ve already seen positive Aboriginal employment in our
results for the union since we workplaces. Through the
formed the Aboriginal Council. At partnership agreements, we have
the founding meeting of our been able to sit down with
Aboriginal Council, we had about 70 Aboriginal leaders, provincial
Aboriginal CUPE members attend. governments and employers to
Some of them had been members of develop a plan to create a workforce
CUPE for many years, but had never that is representative of the
attended a CUPE event. Since that community. As part of the
meeting, however, we have seen a partnership agreement in health
greater participation of our care, CUPE has hired a First Nations
Aboriginal members at our Education Coordinator who has
provincial convention and many of developed training for 14,000 health
them were elected to the executive care members and is working with
or as members of provincial employers to create a representative
committees. We are building workforce. This demonstrates to
activists who can take leadership Aboriginal communities, and our
roles in the union. members, that the union can be a
Changing the structure of positive force in addressing
unions so that Aboriginal members discrimination and under-
can be involved is an important representation in the workplace.
foundation for our organizing We must also keep trying to
strategy and who better to assist on organize in the Aboriginal
ideas on how to organize a distinct communities to try to establish
group than representatives from that better job security and working
distinct group. If we are trying to conditions for Aboriginal workers.
Moran 81

And we must demonstrate that we proportion to the provincial working


are part of the solutions for the population. Therefore, when hiring
community, not an outside “white” new employees, the Aboriginal
union that is going to dictate “white representative principle shall be
man’s” rules. That is why changing applied, providing there are
our structure to create an Aboriginal qualified Aboriginal applicants for
Council and our successes in the vacancy.
negotiating collective agreement
language that reflects the culture c) Workplace Preparation - The
and needs of the Aboriginal parties agree to implement
community has been so important. educational opportunities for all
Employees to deal with
SIDEBAR misconceptions and dispel myths
about Aboriginal People. This will
PARTNERSHIP AGREEMENT include enhanced orientation
SIGNED BETWEEN THE sessions for new employees to
EMPLOYER, GOVERNMENT ensure a better understanding of
AND UNION respectful work practices to achieve
a harassment free environment.
Article 23.05 - Representative
Workforce d) In-Service Training - The parties
agree to facilitate educational
a) Preamble - The parties will opportunities which may include
address proactive processes that literacy training and career path
support a representational counseling/planning.
workforce which shall include but
not be limited to identifying e) Elders - At the request of the
employment opportunities, employee, an Elder will be present
education and training, and when dealing with issues affecting
preparing workplaces. Aboriginal employees.

b) Workforce Representation - The f) Accommodation of Spiritual or


parties agree to the principle of a Cultural Observances - The parties
representative workforce for agree to make every reasonable
Aboriginal workers. The parties effort to accommodate an Employee
agree to charge the Employment in order for them to attend or
Strategy Committee with the participate in spiritual or cultural
responsibility to develop, observances required by faith or
implement, monitor and evaluate culture.
pro-active initiatives designed to
ensure Aboriginal People are
present in all occupations in their

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