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

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PIVOT LEGAL SOCIETY• the practice and history of the current collective bargaining relationship; and• the practice and history of collective bargaining in the industry or sector.All of these factors relate to what the Board calls a “community of interest.” There has to be asufficient community of interest for the Board to certify a bargaining unit. Where practical, the Boardprefers large bargaining units rather than small, fragmented groups.The LRC requires that a union be local or provincial in character, and this can include localbranches of national or international unions. To form a new union, a group of employees must establisha constitution and by laws, sign up members and elect officers. When a union applies to be certified,it must be able to satisfy the Board that it meets the criteria for being defined as a union. Moretypically, employees who wish to be unionized will contact, or be contacted by an existing union, andapply to become a chartered local of that union or join an existing local union. As there are no existingsex trade unions in B.C. or Canada, the most likely scenario if the laws pertaining to adult prostitutionwere to be repealed, would be for sex workers to start a new union for the sex trade. However, oneproject participant suggested that sex workers could join an existing service industry union:A. I think that getting backing and going unions would be the service industry. Theservice industry does that . . . And it would probably be local 40.- female street-level sex workerAnother possibility for sex workers to unionize would be to join an existing international sex workunion. Currently, there are sex work unions in several other countries. 120 Although presently noneof these unions are international, at some point they may become so. In Britain, the GMB tradeunion (Britain’s General Union that any worker can join) has union recognition agreements for threelap-dancing clubs. Also, there is a unionized brothel. The London-based International Union ofSex Workers joined the GMB in 2002. In Germany, the Verdi public sector union is recruiting andorganizing sex workers in Dortmund and Hamburg, where it has helped set up a works council inone brothel. In the Netherlands, the long-standing Red Thread sex workers’ rights group has becomepart of the Netherlands Trade Union Federation (the “FNV”), the largest trade union confederationin the Netherlands that is now organizing and representing sex workers. In the U.S., dancers atthe Lusty Lady peepshow in San Francisco gained union recognition in 1996. In Australia, two sexworkers’ rights groups (Workers in the Sex Industry, and the Prostitutes’ Collective of Victoria) joinedthe Liquor, Hospitality and Miscellaneous Workers Union in 1995. In 2002, the Striptease Artists ofAustralia was formed as a union to represent lap dancers and strippers, while UNITE in New Zealandorganises sex workers and dancers.How might established labour unions in Canada react to sex workers joining their bargainingunits? Some union members may be reluctant to ally themselves with the sex industry. It has beennoted that in other countries – such as Australia, Germany and the Netherlands – the interest ofestablished unions in helping sex workers to unionize reflects their attempts to tackle their ownmembership declines. In the process, they have recognized the de facto employment relationship thatcharacterizes much sex work, and have become much more open to supporting prostitutes’ rightsdiscourse. 121A similar reaction may well occur in Canada given recent statements from the Canadian Unionof Public Employees (CUPE) and the Canadian Labour Congress. Both of these organisations havecommitted themselves to working toward legislative reforms to help end the discrimination expe-120 Gregor Gall, “The Unionisation of Sex Workers,” online: Word Power .121 Ibid.136
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformrienced by sex workers. At the 2001 CUPE National Convention, members passed a resolution forCUPE to take the lead in the Canadian Labour Congress for the repeal of the criminal laws pertainingto prostitution in Canada. 122 Also, in 2002, the Canadian Labour Congress, an organization thatrepresents 2.5 million workers in many different unions, called on the entire labour movement tosupport sex workers. 123Union structureIf sex workers form their own unions, how would they structure their bargaining units? Forexample, would sex workers doing different types of sex work – such as street-level, escort ormassage parlour work – be in one bargaining unit, in one union with separate bargaining units, orin completely separate unions? Opinion among sex workers varied on whether different kinds of sexworkers should be in the same union or bargaining unit, or whether different categories of sex workersshould be in separate unions or bargaining units: 124A. Yeah, I think so. I think so. I think that it should be broken up into society. Like, ifthere is a union rep. for like, a residential area, not a residential area, but some kindof geographical area. Like two union reps for this geographical area, and then theygo back and let everyone know and then they hear the feedback and they take thatback to the table. Y’know . . . Because if you have it from each house, you are goingto have a lot of bickering and a lot of yapping. Not necessarily getting a lot of workdone.- female off-street out-call sex workerOther project participants wanted to see all sectors of the sex industry in the same union:Q. So like, would, would – people would everybody be – out-calls, in-calls, street-level,would everybody be in the same Union, or would people have different Unions?A. Same Union.A. Same Union.A. Same, yeah.A. Yeah.- female street-level sex workersAnother project participant thought the needs of workers in different sectors of the industry wouldbest be served by different unions:A. [I]t would have to be a little bit more complex and thought of and planned out.How would it work with certain, like, would just brothels be in it? Or would therebe everyone? Or what like? There would have to be guidelines. There would have tobe different for like, street-level or different unions for, y’know. I think that if it isdecriminalized, then I think that it would be a necessity. I do not see how it wouldwork without a system like that. There are a lot of different aspects, there are a lot ofmedical, emotional needs, physical and medical needs when you are thinking aboutsex work. Like counselling or whatever . . .- female off-street out-call sex workerRegardless of what workers might think about union structure, however, the Labour Relations Boardultimately decides which employees are able to comprise a union.122 “Sex work: Why it’s a Union Issue,” online: CUPE .123 Ibid.124 As mentioned earlier, the final decision on the structure of a bargaining unit is up to the Labour Relations Board.137
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