Canadian Labour Reporter

7 Canadian HR Reporter, a Thomson Reuters business 2015 CANADIAN LABOUR REPORTER news Photo: Mark Blinch (Reuters) Union fears new policy could set dangerous precedent < from pg. 1 "However, a changing environ- ment in which the public expects more transparency from institu- tions and the media is making the practice of paid outside activities for our journalists less acceptable to audiences... Given that paid ap- pearances can create an adverse impact on the corporation, CBC/ Radio-Canada will no longer ap- prove paid appearances by its on- air journalistic employees." The mandate was implemented in response to several reports sug- gesting paid appearances by CBC employees presented a conflict of interest. In 2014, reports surfaced that Peter Mansbridge — CBC's chief correspondent and host of the National — gave a paid speech to the Canadian Association of Petroleum Producers. Rex Murphy — host of CBC Radio's Cross Country Checkup — was also called into question for paid speeches to oil industry groups. Growing controversy sur- rounding paid appearances made by CBC business correspondent Amanda Lang — and the possibil- ity those appearances negatively influenced the story of another CBC reporter — eventually led the broadcaster to implement its new mandate. Union unhappy with prohibition The Canadian Media Guild (CMG), the union representing CBC's editorial employees, pub- licly objected to the blanket pro- hibition on paid speeches and ap- pearances. The issue of "outside activities" is covered under the parties' collective agreement, the union argued. According to the agree- ment, employees are free to en- gage in both voluntary and paid activities outside their hours of work provided those activities are not in competition with the cor- poration's media services. On-air employees are required to discuss their plans for outside activities with their supervisor and the corporation has a period of time to deliberate before either approving or rejecting the re- quest. Prior to the scrutiny surround- ing Mansbridge and Murphy in 2014, employees were free to par- ticipate in paid activities outside of the corporation as long as those activities — such as speeches — were neutral. In April 2014, however, CBC announced it would be tightening procedures around paid speeches. Requests from companies, politi- cal parties or other groups mak- ing significant efforts to lobby or influence public policy would be rejected. The tracking system for all speeches — paid and unpaid — was centralized in order to more consistently apply the new rules. The corporation also began pub- licly posting a list of all appearanc- es by employees in May. But the latest mandate — which CMG calls an "arbitrary ban" — is a step too far, according to the union. "We have a clause in the collec- tive agreement with CBC," said CMG national president Carmel Smyth. "So we would expect that the company would respect those rules and use them equally for everybody. If that were the case, we don't think there'd be a prob- lem. So to enact an overall ban, we don't think that's necessary." Smyth said the union is being forced to speak out against this ban for fear of setting a dangerous precedent. "If we don't object to that pro- cess of dismissing something we've already agreed upon," Smyth said of the CBC's essential dismissal of the relevant clause in the collective agreement, "what's to stop them from dismissing something else we've already agreed on to govern workplace conduct? We can't allow a legal precedent to be set where they dismiss particular clauses. So we're being forced to object." New policy 'totally improper,' says lawyer According to Paul Cavalluzzo — senior partner at Cavalluzzo Shil- ton McIntyre Cornish in toronto, the firm representing the CMG — it is inappropriate for an employer to institute a new policy respect- ing an issue covered by the collec- tive agreement. "That's totally improper," he said, "because obviously one party to the collective agreement can- not unilaterally amend it." Cavalluzzo said clauses con- cerning paid outside activities are common in the media and entertainment industries. There is a general consensus among em- ployers and unions, he said, con- cerning restrictions on such out- side activities. The majority of collective agreements in this case would contain non-compete clauses, preventing employees from con- tributing to a direct competitor, Cavalluzzo said. Agreements also frequently prevent employees from exploit- ing their current employment in an effort to gain paid outside work and prohibit them from un- dertaking any activities that are inconsistent with their current employment or that could cause harm to the employer or its repu- tation. Chuck Thompson, head of public affairs for CBC English ser- vices, said the corporation com- municated with CMG before the note went out. Thompson said CBC expects the conversation on the subject will continue. And while Smyth confirmed discussions surrounding the new mandate are ongoing, Cavalluzzo said another avenue remains open to the union. "They could file a grievance which would be subject to the arbitration provisions of the col- lective agreement," he said. "If the employer wants to change a provi- sion, they have to renegotiate with the union." The Canadian Media Guild said its collective agreement — which contains a clause pertaining to outside activities — addresses any concerns surrounding paid speeches and possible conflicts of interest.

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