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

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PIVOT LEGAL SOCIETYAnother perceived benefit of unionization is protection from unfair and unequal treatment bymassage parlour owners via the enforcement of standardized working conditions:134A. I could see some good things about that [unionizing] . . . definitely for the fact of theway, that the owners of these houses, that are run, yeah – because they are not fairlyrun where . . . this new girl, y’know, so they can control them and get away withmore. So then, these people who know what they are doing, and, expect what theyare worth back . . . they push them out. Y’know, and that’s what I have been seeinghappening, because they don’t want them informing the other ones. What is it thatthey don’t have to do or what is – not to let people do certain things to them and fortheir own safety reasons and their own respect of themselves. And how, in that sense,it needs to be a standard set of what, y’know, its up to her and so that the clients, Imean, so the agencies can’t tell the girl that they have to be - put them into a fearstate that they have to do whatever that client wants. And that they get complaint, ohthen you go on probation, kind of bullshit, y’know and its just – so then they are justsitting there worrying and especially new to the trade. I know, because when I was,you don’t know what you can say no to, y’know? So that kind of standard thing isdefinitely needed.- female off-street out-call sex workerConcerns about working conditions could be addressed through a union’s grievance procedure. Thisis discussed in the section on “Complaints and Grievances” below. Also, unions could negotiate theprovision of work-related supplies, the allocation of tips, the creation of in-house rules, and employeediscipline.Desire to retain independence and control over their own businessSome sex workers did not like the idea of unionization, because they felt that it would mean a lossof their independence and a loss of control over the way that they conduct business:A. Again, it’s giving control to one person or to one organization. And here inEdmonton, I mean years ago when I was dancing and I got out of it because, Imean, we were getting $125 a set, which meant work five songs. And basically, whathappened is the bikers came in and took it over and all the dancers are working forthe bikers now. So that’s exactly what would happen if we went union . . . you know,it would be the same thing.- female street-level sex workerSome sex workers were concerned that unionization would result in a loss of privacy:A. I could see some good things about that [unionizing]. But then it depends on wherethey settle with the union and what the terms would be. Also, the privacy of the girls.- female off-street out-call sex workerOverall, project participants did not oppose unions on principle, but felt that each sex workershould have the option of joining a union if they want to:A. I am mixed on that because I am a bit of a monopolist, yeah, and I like supremeprivacy. But I think unions should be there and I think women should have a choicebetween unions or not. However, most of the women who mention loss of independenceas a concern also say that forming a union would depend on each employer oremployment situation and they note that people should have the option to unionize.- female off-street out-call sex worker
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformSome sex workers were concerned about union rules, and did not want to have to worry aboutbreaking them:A. I would always want the option of being independent too. Even while working in aunion, I would always want the option without worrying about being thrown out forwhatever.- female street-level sex workerThese viewpoints make it clear that the option of unionizing should be made available to those sexworkers who wish to reap the benefits of union protection.Who will represent sex workers?Project participants stated that they want a union run by sex workers, and driven by memberconcerns. Sex workers described an ideal union representative as a seasoned sex worker who understandsthe work, and is caring and reliable:A. We would all take a part of running it because we all look out for each other’s bestinterests.A. That is certainly an interesting point. Umm, so basically, just to make sure we areclear here, because what you are in fact saying is that you would like the union to berun by sex workers.A. Yes, More preferably, because they would know . . . they would know what the othergirls are going through and make the other girls more comfortable. A comfortableenvironment. You know, like being in a person’s shoes. Having . . . just basicallyhaving an idea of what these girls want.- female street-level sex workersUnionization of sex workersCertificationSex workers should be able to unionize through the normal certification process under Part 3,Division 1 (Acquisition of bargaining rights) of the LRC. The key issue with respect to unionizationunder the existing legal framework is whether sex workers can join an existing union or whether theycan form their own union. While opinion among the sex workers interviewed varied as to how asex workers’ union should be structured, in large part, the B.C. Labour Relations Board will determinesex worker union structure because the Board has the exclusive authority to determine whetherworkers can form a new union, join an existing union as a new bargaining unit, or join an existingbargaining unit. 118 Guidelines for the determination of the appropriate bargaining unit are found inthe Board decisions and on its website. 119 In seeking to determine whether a group of employees isappropriate for collective bargaining the Board considers a number of factors, including:• similarity in skills, interests, duties and working conditions;• the physical and administrative structure of the employer;• functional integration;• geography;118 LRC, supra note 5, s. 22.119 “Guide to the Labour Relations Code,” online: Labour Relations Board of B.C. .135
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