Bargaining
Black Top Cabs – Various Members’ Request for the Union to Re-open Bargaining with the Employer
February 14, 2024
To: All MoveUP members at Black Top Cabs
Some members at Black Top recently expressed dissatisfaction with our bargaining committee’s communication in advance of the recently ratified collective agreement, and they have asked that MoveUP, in effect, cancel the ratification results and re-do collective bargaining with Black Top. The primary complaint is an alleged lack of notice. Out of respect for the complaint I investigated and now I wish to address their complaint and the unusual request.
The below represents my findings and recommendation.
Communication Background
A record of the bargaining committee’s communication reveals the following.
On March 22, 2022, the committee hosted membership meeting in which the agenda focused on market disruptions and negative impacts specific to Black Top’s business.
On January 30, 2023, your bargaining committee attended an all-MoveUP taxi bargaining units meeting to strategize on matters related to the challenges in the taxi industry: covid pandemic, ride share technology, outstanding expired collective agreements, etc.
On March 8, your committee advertised and held a general membership meeting to discuss bargaining.
On April 20, the committee sent a bargaining update bulletin to members. The bulletin included instructions on accessing the MoveUP website and the Member Portal for voting.
On November 9, your committee sent a second update bulletin with instructions for voting via the Member Portal.
On December 15, the committee sent a third update bulletin with instructions for voting via the Member Portal, and the bulletin included the Memorandum of Agreement, (MOA), which was to be voted on. The bulletin invited members to attend the ratification meeting.
On December 15, the committee also posted the MOA on the MoveUP website.
On December 18, your committee hosted an online membership meeting to discuss and ratify the MOA, and they held an in-person meeting to do the same on December 21.
I find that this record of bulletins and meetings is a demonstration of significant communication by the bargaining committee to the members. The committee can’t be faulted for failing to advise the members of a pending vote or of the details of the MOA. It appears that they followed the usual communication practices of a MoveUP bargaining committee.
Ratification Vote Results
The ratification vote at the meetings resulted in a majority, [13 of a total of 15 members], voting Yes to accept the MOA.
In our experience a result of 13 yes votes from a total of 15 is an overwhelming yes vote. Furthermore, fifteen voters from Black Top is a significant voter participation rate.
The Petition
On January 3, 2024, MoveUP received a petition from a group of members at Black Top in which they asked that we cancel the ratification vote.
I appreciate that this group will NOT be impressed when I report that I find the bargaining committee properly did their job regarding communication, and that I find the ratification vote results to be a convincing acceptance of the MOA. This group asks the union to return to bargaining with Black Top and improve the MOA.
Return to Bargaining?
We have a properly signed MOA with Black Top. This means the collective agreement has been amended to include the MOA. It is a legally binding contract that prohibits either party, union or employer, from unilaterally opting out. Furthermore, the renewed collective agreement is binding until expiry on December 31, 2026. At this point there are only two ways to change the collective agreement: we can wait until expiry, or the parties, the union, and the employer, can agree to do so.
To be clear, this is extremely unusual in collective bargaining.
On January 16, MoveUP Union Representative Anny Chen asked Black Top management if they would agree to return to bargaining. Black Top replied that they will not do so.
This leaves us with no option but to wait until December 31, 2026, to re-enter bargaining and that is what MoveUP intends to do. To those who want a different answer I offer my condolences and I invite you to put your name forth to be job stewards in the workplace and thereby position yourself to be able to be nominated for a position on the 2026 bargaining committee.
I also want to offer my most sincere and respectful thanks to the current bargaining committee members who have endured intense scrutiny recently.
All of which I respectfully submit.
Fraternally,
Kevin Smyth, Senior Union Representative