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Author Topic: CIBC faces massive overtime lawsuit
huberman
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posted 06 June 2007 07:37 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
Globe and Mail, June 5, 2007
From: NAFTA | Registered: Apr 2007  |  IP: Logged
remind
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posted 06 June 2007 08:09 AM      Profile for remind     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
“We believe it may establish a very important class-action precedent [in Canada],” said Douglas Elliott, a partner with Roy Elliott Kim O'Connor LLP, who is representing the CIBC employees along with Louis Sokolov of Sack Goldblatt Mitchell LLP.

Last evening CTV, had a great interview with Ms Wasylycia-Leis regarding this. She noted it was a CIBC taking advantage of WOMEN, by their non-payment of due overtime. While, the CEO makes 6 million a year, she noted.

I looked for the a link to any comments on the NDP website from her in this regard but there aren't any as of yet.


From: "watching the tide roll away" | Registered: Jun 2004  |  IP: Logged
N.Beltov
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posted 06 June 2007 08:18 AM      Profile for N.Beltov   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
MP Wasylycia-Leis was elected in a riding where the big banks have seen fit to decimate the numbers of branches available - probably even more than in other ridings. The MP is just doing her job.
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Boom Boom
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posted 06 June 2007 08:22 AM      Profile for Boom Boom     Send New Private Message      Edit/Delete Post  Reply With Quote 
I hope this lawsuit is enormously successful - not paying overtime when the banks are wallowing in endless rounds of huge profits is a serious affront to human decency.
From: Make the rich pay! | Registered: Dec 2004  |  IP: Logged
Steppenwolf Allende
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posted 06 June 2007 08:38 AM      Profile for Steppenwolf Allende     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Mr. Sokolov said the purpose of the law "is to prevent employers from using subtle, or not so subtle, pressure on their employees to volunteer their time in hopes of advancement … or fear of reprisal.

"We believe that unpaid overtime is widespread in many industries in this country … including financial services," Mr. Sokolov said.

Ms. Fresco said she is currently required to work an average of two to five hours a week in unpaid overtime. When she was a personal banker, she sometimes worked up to 15 hours in unpaid overtime a week, she added.


This is very interesting, since the suit so far seems to be getting at the actual problem of boss coercion of workers, especially in non-union workplaces, like the banks.

These environments force workers to sacrifice their rights in the hope of gaining some discretionary favour from the boss.

This shows the absolute totalitarian nature of corporate power structures. Hopefully this case will at least put this more under public scrutiny.


From: goes far, flies near, to the stars away from here | Registered: Aug 2006  |  IP: Logged
remind
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posted 06 June 2007 08:57 AM      Profile for remind     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by N.Beltov:
MP Wasylycia-Leis was elected in a riding where the big banks have seen fit to decimate the numbers of branches available - probably even more than in other ridings. The MP is just doing her job.

Not sure, what your point in mentioning this is?

If that is the case, she spoke nothing that I heard about it, however she spoke at length about how it is primarily women that the CIBC is in non-payment in millions of dollars of overtime. And I for one am appreciative that she spoke so strongly about it.


From: "watching the tide roll away" | Registered: Jun 2004  |  IP: Logged
unionist
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posted 06 June 2007 09:05 AM      Profile for unionist     Send New Private Message      Edit/Delete Post  Reply With Quote 
It's shocking that workers in such a sector should be so intimidated that they don't insist on the minimum standards provided by Part III of the Canada Labour Code.

I'm happy to see them fighting back. But if they put the same energy into getting unionized (now that they are prepared to counter all the intimidation), they won't need to take on battles like this one issue at a time.


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N.Beltov
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posted 06 June 2007 09:28 AM      Profile for N.Beltov   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
remind: Not sure, what your point in mentioning this is?

Just FYI. I'm not criticizing MP W-Leis. The banks have been replaced by pawn shops, payday loan companies, and other businesses that specialize in robbing poor people. It's been a news item in Winnipeg more than once.


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huberman
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posted 06 June 2007 10:11 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
If an individual robbed a fraction of this from the bank, they would be put in jail and their life would be ruined. We need to talk about revoking corporate charters, not simply having the bank pay a small percentage of 1 year's profits, and then continuing business as usual and committing all kinds of other crimes in a repeat, psychopathic manner (see: The Corporation and here ). CIBC paid $2.4 billion (U.S.) for its involvement with Enron and it barely impacted their business. How can corporations be trusted to continue to operate after often being repeat offenders? We don't tolerate it from individuals and should not tolerate it from corporations.
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Michelle
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posted 06 June 2007 10:40 AM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Doesn't surprise me at all. I know someone who used to work for CIBC, and, well, this is no surprise whatsoever.
From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
remind
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posted 06 June 2007 11:38 AM      Profile for remind     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by N.Beltov:
Just FYI. I'm not criticizing MP W-Leis. The banks have been replaced by pawn shops, payday loan companies, and other businesses that specialize in robbing poor people. It's been a news item in Winnipeg more than once.


Women are the poorest demographic in Canada.


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Doug
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posted 06 June 2007 12:02 PM      Profile for Doug   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I'm surprised by how little she gets paid, too. She's been there ten years, she's the head teller (for what that's worth - not much, apparently) and is only paid $31,000 a year. In the Toronto area, this is not much.
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Jabberwock
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posted 06 June 2007 12:28 PM      Profile for Jabberwock     Send New Private Message      Edit/Delete Post  Reply With Quote 
That's not much by any standard.
From: Vancouver | Registered: May 2007  |  IP: Logged
huberman
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posted 06 June 2007 08:08 PM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
Converting unpaid overtime to jobs could be the greatest job creation strategy this country has seen in decades. GPI has done several studies on this.
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500_Apples
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posted 06 June 2007 08:29 PM      Profile for 500_Apples   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by unionist:
It's shocking that workers in such a sector should be so intimidated that they don't insist on the minimum standards provided by Part III of the Canada Labour Code.

I'm happy to see them fighting back. But if they put the same energy into getting unionized (now that they are prepared to counter all the intimidation), they won't need to take on battles like this one issue at a time.


There's a lot of reasons people don't get unionized. I think often they're (justifiably) afraid it will just lead to a shutdown of the location. One of my friends lost a management position and was eventually fired for trying to unionize a famous players. In this case, they're probably past that fear. However, it may just be a minority of the workers who are launching this lawsuit, whereas if they wanted a union they would need at least half the employees to agree to a union.

And really unionist, you must know most or many workers don't know their rights. It might be less true for professional bank tellers, but in my observation of the service sector the only right people know about is minimum wage. One time, when I was fired after two weeks from this bakery which was paying me in cash without a payslip, I asked for my 4%. They told me the law says you don't get 4% when you get paid in cash. So I repeated that to the commission of labour. That was the first complaint against that business, even though I witnessed a revolving door of hirings and firings and lots of labour code floutings.

And I'm sure someone in the field like you could probably recall 20 or 30 such stories.

[ 06 June 2007: Message edited by: 500_Apples ]


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remind
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posted 06 June 2007 08:34 PM      Profile for remind     Send New Private Message      Edit/Delete Post  Reply With Quote 
500_apples there is 10,000 CIBC employees involved in the overtime lawsuit. Who knows how many will jump on board, now that it has gained public support.
From: "watching the tide roll away" | Registered: Jun 2004  |  IP: Logged
huberman
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posted 07 June 2007 07:26 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
unionist, in the New Socialist this week you can find an article on how growing unions like the (U.S.) SEIU in Canada are treating their workers as bad, or much worse than Wal-Mart or CIBC.
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remind
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posted 07 June 2007 07:40 AM      Profile for remind     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by huberman:
New Socialist this week you can find an article on how growing unions like the (U.S.) SEIU in Canada are treating their workers as bad, or much worse than Wal-Mart or CIBC.

Ummm, your link leads no where to support your contention, and the page it links to appears to be a 2004 info page and makes no mention of any type of headline such as you suggest.

This affords the appearance that you have an axe to grind against unions as you gave not quote, just a personal statement making accusations.


From: "watching the tide roll away" | Registered: Jun 2004  |  IP: Logged
Steppenwolf Allende
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posted 07 June 2007 07:47 AM      Profile for Steppenwolf Allende     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
There's a lot of reasons people don't get unionized. I think often they're (justifiably) afraid it will just lead to a shutdown of the location. One of my friends lost a management position and was eventually fired for trying to unionize a famous players. In this case, they're probably past that fear.

This is exactly the main reason why so many workers decline to join a union. As a union organizer in the past, this is the number one fear working people have: if they organize, the bosses will order their workplace shut down.

This is the totalitarian nature of any form of corporate capitalism (private or state). This is why economic democratization measures (which are the basis of any form of real socialism) are so desperately needed.

If we had a mechanism where workers could not only organize into unions, but after doing so, could apply to challenge corporate decisions to close facilities, as well as challenge the bosses for ownership of the firm, like the new laws in Argentina allow for workers to do.


From: goes far, flies near, to the stars away from here | Registered: Aug 2006  |  IP: Logged
Steppenwolf Allende
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posted 07 June 2007 07:53 AM      Profile for Steppenwolf Allende     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
New Socialist this week you can find an article on how growing unions like the (U.S.) SEIU in Canada are treating their workers as bad, or much worse than Wal-Mart or CIBC.

I can't find the article in question here. The link goes back to a 2004 edition of the mag, and I can't access it on its regular web site (if you have subscription and can get it, could you either post it here or send me a copy directly?).

Of hand, from my own knowledge of the labour movement, I find this claim to be, to say the least, outrageous.

The US-based SEIU may leave somewhat to be desired, but to say it treats "its workers" (whatever that means: members? employees of the union?) worse than Wal-Mart goes beyond the grasp of reality--considering the Wal-Mart bosses have boasted that they pay the lowest wages of any major retail chain in the US.

They have also been nailed in several states for forcing employees to work overtime, often without pay, firing women who get pregnant, etc.

That's pretty hard to beat by anybody.


From: goes far, flies near, to the stars away from here | Registered: Aug 2006  |  IP: Logged
huberman
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posted 07 June 2007 07:11 PM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
remind, Steppenwolf,

In the latest issue - Spring 2007 Issue No. 60 - of the New Socialist (the article is not online - thought you might be familiar with the mag. and buy or read it from time to time) the article is entitled "Business Unionism From the Inside: The contradictions facing young radicals in union staff jobs", by Jeff R. Webber interviewing Katherine G.

Here are some quotes from the article:

"...it's a tactic to get young progressives to work really long hours under stressful conditions. It's presented as revolutionary, but that couldn't be further from the truth." (p. 16)

"There was so much fear bred into the union staffers - fear about getting involved in the staff union, of losing your job, of..." (p. 16)

"I've heard so many stories about people having much worse experiences as organizers... I was hired at a time when SEIU were embracing the US model of aggressively organizing new workers." (p. 16)

It goes on to talk about recruiting university grads "and then working them into the ground for six months to two years."

Check out/buy a copy at your local independent bookshop or order from them directly.

http://www.newsocialist.org/magazine.html

[ 07 June 2007: Message edited by: huberman ]


From: NAFTA | Registered: Apr 2007  |  IP: Logged
unionist
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posted 07 June 2007 07:49 PM      Profile for unionist     Send New Private Message      Edit/Delete Post  Reply With Quote 
Huberman (and 500_Apples), I made a simple observation that if thousands of bank workers have suddenly woken up and found out that they've been treated illegaly for years on the overtime issue, perhaps conditions are better for a union organizing drive. I'm well aware of the tremendous difficulties such drives have faced before in the banking sector, primarily owing to the large number of branches and small average numbers of employees.

But huberman, if your "new socialists" are saying unions are no good for workers, then please give me back the old socialists. Apparently, you can't teach a new socialist old truths.


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Phonz
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posted 07 June 2007 08:27 PM      Profile for Phonz        Edit/Delete Post  Reply With Quote 
Once, very informally, I attempted to start a union for legal secretaries (an almost exclusively female occupation). I failed and the most common reason given for people not coming on board was that they didn't want anybody else to know what their salary was.
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huberman
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posted 08 June 2007 05:51 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
unionist, I agree, this is a great time for a union drive of the banks and I think it must be done. I just think it must be done by a Canadian union, or better yet a brand new union specifically dedicated to the financial industry (as in the U.K., Australia and other places).

Definitely no U.S. unions should be involved - see what they did in the recent CN debacle, read about SEIU, read Jim Stanford's take on U.S. union influence in Canada, and see the miserable failure that they are in the U.S.

If any alliances are to be had with foreign unions I say we link with successful examples, specifically financial sector unions in Europe, the U.K. and Australia. I think the best bet is to learn from the Scandinavian countries/models, and send all the U.S. unions home - we need many more Bob Whites in this country, and more international links with non-American unions.

And your right unionist: "give me back the old socialists". We need social unionism, not U.S.-stlye business unionism.


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huberman
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posted 08 June 2007 05:58 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
better yet, I think the bank(s) should lose their corporate charters for doing this, and co-op credit unions should take their place. The big bank assets/branches should be auctioned off to the smaller co-op credit unions, and dozens/hundreds of new credit unions should be created in the process. End the oligopoly/monopoly.
From: NAFTA | Registered: Apr 2007  |  IP: Logged

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