Beyond Decriminalization: Sex-work, Human Rights and a New ...

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PIVOT LEGAL SOCIETYof “certification” – collective bargaining, basic standards for collective agreements, strikes, lockouts,picketing, grievances and mediation. The LRC provides unions with the right to bargain with theemployer on behalf of the employees it represents (the bargaining unit) and, on their behalf, to enterinto a collective agreement setting out the terms and conditions of their employment. In return forthat right, the union has the duty to represent all of the employees in the bargaining unit in a mannerthat is not arbitrary, discriminatory or in bad faith.Not every worker in B.C. is covered by the LRC. Only those persons who meet the definition ofan “employee” are entitled to be part of a union and exercise collective bargaining rights. Therefore,“independent contractors” cannot unionize, and nor can personnel who perform a managerial role inthe employment context, or if a person is employed in a confidential capacity in matters relating tolabour relations or personnel. Some employees in B.C. are not covered by the LRC because they workin industries that fall under federal jurisdiction. For example, the Canada Labour Code 115 governscollective bargaining rights for employees of the federal public service and Crown corporations,employees of chartered banks, and the grain industry.The ensuing discussion describes sex workers attitudes to unionization, how they feel a sex workerunion should be structured, who should represent sex workers, and how unionization would occurunder the current legislative framework. Current labour laws in Canada, with the exception ofQuebec, do not provide for the unionization of autonomous or contract workers where there is noclearly defined employer/employee relationship, and this could be an obstacle to many sex workerswho may want to unionize. However, in this section, we assume that, if the industry is decriminalized,sex workers who meet the definition of “employee” under the LRC will be eligible to join or forma union. Also, we assume that provincial labour laws would cover sex workers, and not the areas offederal jurisdiction listed above.Do sex workers want to unionize?Overall, support for the idea of having a union for sex workers was strong among all categories ofsex workers interviewed. 116 There were two main reasons why sex workers want to unionize. First, sexworkers believed that unionization might result in higher wages. Second, many sex workers supportedthe idea of having someone to represent their interests in negotiations with employers.Among the workers we spoke to, the strongest support for unionization came from street-level sexworkers – they all supported the idea of unionization. Some escorts and massage parlour workers weremore reluctant to unionize because they felt that they could get a better price than other workers, andwanted the independence to do so. They also felt that by remaining independent, they would maintaingreater control over the type of work that they do and the clients they serve. This finding likely reflectsthe fact that street-level workers are among the most vulnerable and lowest paid of all sex workers.WagesSome sex workers felt that unionization would provide them with greater bargaining power and, asa result, the potential to receive higher wages:A. Unionization implies that someone is paying you a wage, right and you are fightingfor a certain wage.- female off-street in-call sex workerAnother sex worker supported the prospect of an hourly wage, and felt that being part of a unionwould increase the possibility of getting paid more than minimum wage:115 Canada Labour Code, R.S., 1985, c. L-2.116 Note: there were no data from male street-level sex workers about unionization.132
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformA. And the first thing we would do is fight for slightly above minimum wages. We wouldhave to have minimum $10.- female off-street out-call sex workerUnionization could offer sex workers the opportunity to bargain collectively for better wages. Canadianstatistics show that, on average, unionized employees and non-union employees working under acollective agreement earn significantly more than non-unionized employees. 117Representation on issues faced by workersMany sex workers supported unionization as a way to ensure that their concerns and grievances areheard, that health and safety conditions are enforced, and that there is a formal mechanism enablingthem to negotiate with their employers:A. [I]f we were unionized, and we had our union rep and like someone who wouldspeak for us girls, then I would be open to that.- female street-level sex workerSome sex workers felt that unionization would create solidarity with other workers, and wouldprovide a more powerful voice for sex workers:A. And solidarity. Y’know, having somewhere to go, with issues and things? And havesome – y’know, if enough issues come up? Then there is somewhere, a recognized organization,by the public, to give voice. Y’know, a dozen women have come forwardwith this problem – could speak in solidarity for everybody?A. [Y]ou would be able to avail yourself of legal services if you needed them, you wouldhave a voice if you need a voice, the media would be well informed about needs,maybe de-stigmatization could occur, that to health benefits and things like that,coverage, so maybe, you know, maybe, maybe they’ve got a point.- female off-street out-call sex workersOther sex workers thought that unionization would create better occupational health and safety standardsin a workplace and that workplace violence would be reduced:A. What I think is happening, when bad dates happen . . . so when that happens thereis no effective way for us to deal with that. Rather than it just being put on a piece ofpaper, and reported, it is like . . . there should be some sort of way to link them withcharges that stick. You know, do something. Right? You know, maybe a union orsomething, it is not okay for these guys to come into town and doing what ever.- female street-level sex workerAnother project participant suggested that her working conditions would improve of she had a formaladvocate:A. . . . we could complain to somebody. You know, have[complaints] looked into. Forexample, the work where I work now, she turns off the heaters on the floors in thewinter for us. So we have this one minute heater that’s turning around in the room.So we have 14 girls that are freezing without robes on. That’s cruel, and who are wegoing to complain to? The girls have other issues too, labour complaints or whateverbut no one takes it seriously, no one comes in and inspects it.- female off-street in-call sex worker117 “Average hourly wages of employees by selected characteristics and profession, unadjusted data, by provinces (monthly) (Canada),”online: Statistics Canada .133
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