The Right to Build the City: Can Community Benefits Agreements Bring Employment Equity to the Construction Sector?
Nugent, James
The Right to Build the City: Can Community Benefits Agreements Bring Employment Equity to the Construction Sector?
James Nugent
OVER THE PAST DECADE, collective bargaining in Ontario--and Canada
as a whole--has come under increasing pressures from
"back-to-work" legislation, neoliberal austerity (e.g., the
Ontario government's "net zero compensation" bargaining),
and looming threats of "right-to-work" legislation from
right-wing parties. Meanwhile, union density within the private sector
continues to decline. As a way for organized labour to renew its
political influence on the state and grow union membership, municipal
labour councils have (re)turned to political bargaining and
"community unionism," a strategy involving labour-community
coalition building, political organizing within low-income and
racialized communities, and support of precarious workers. (1)
The form and strategic objectives of labour-community coalitions in
Canada and the United States have changed over the past three decades in
response to ongoing neoliberal restructuring. (2) Labour-community
coalitions have progressed beyond early examples of "instrumental
cooperation" aimed at fighting plant closures, (3) strikes, or
lockouts, (4) toward building campaigns outside of particular
workplaces, such as challenging free trade agreements, (5) raising the
minimum wage, (6) building electoral power, (7) and advancing policies
to create "green jobs" and a "just transition" to a
sustainable economy. (8)
Coalition building has become an increasingly important strategy
for labour and community groups aiming to assert control over the
conditions of urban development, if not its purpose. (9) Urban
redevelopments and public transit infrastructure projects are examples
of what David Harvey refers to as the "spatial fix"--i.e., how
capital, working through alliances with the state, temporarily resolves
crises of overaccumulation by restructuring the built urban environment
to absorb surplus capital. (10) Critical human geographers have
developed the concept of "labour's spatial fix" to
highlight the agency of workers in shaping the economic geography of
capitalism. (11) Labour scholars have documented the direct role taken
by labour-community coalitions in local and regional economic
development initiatives, (12) as well as in urban planning decisions.
(13) The concepts of spatial fix and labour's spatial fix both
emphasize the economic concerns of capital, labour, and the state, in
the coproduction of urban space. The study of labour-community
coalitions emphasizes the agency of both labour and other social
movement groups in the production of urban space, drawing attention to
their struggles over both economic and "extra-economic" (14)
dimensions of urban development, social reproduction, and everyday city
life--e.g., demands for dignity, democratic participation, equity,
access, distribution, and sustainability.
Activists and academics have articulated and pressed for these
demands in terms of both radical and reformist conceptualizations of
"the right to the city." (15) Harvey interprets the right to
the city as a radical collective demand for democratic control over the
production and utilization of surplus value concentrated in cities under
capitalism, (16) Henri Lefebvre's original radical formulation of
the right to the city emphasizes the right of all inhabitants
(regardless of citizenship) to use and occupy urban spaces and the right
to collectively own and manage urban space so that it is produced for
the needs of inhabitants rather than as exchange value for capital. (17)
Lefebvre challenges the structures of capitalism as well as state
bureaucratic power, arguing that inhabitants should have control not
only over decisions traditionally made by the state, but over any
decisions having to do with the production of urban space. (18) Lefebvre
saw the right to the city not as an expansion of liberal-democratic
human rights to be enforced through a so-called social contract with the
state, but rather as a revolutionary process through which inhabitants
come to reappropriate and embody the role of the state (i.e., as
autogestion or self-management), leading to its withering away. (19)
In practice, right-to-the-city movements have primarily been
oriented toward reforming and compromising with the state rather than
abolishing it. Social-democratic and liberal-progressivist frameworks of
the right to the city are aimed at expanding the range of actors and
priorities governing urban planning and development, albeit in ways that
do not fundamentally challenge capitalist social relations (e.g.,
private property rights) or the state's role in facilitating
capital accumulation. Reform-oriented right-to-the-city movements
primarily operate through existing liberal-democratic structures of
citizenship and political participation (e.g., elections, political
parties, the law, and stable state institutions) and pressure the state
for such things as funding to build affordable housing and laws to
constrain landlords and gentrification; increased access to public
spaces (e.g., urban gardening, community spaces, bike lanes);
affirmative action policies, particularly within the state; and
inclusive planning and policymaking (e.g., gender mainstreaming). (20)
The struggle for community benefits agreements (CBAS), which this
article addresses, extends these demands to include the right of
historically marginalized and equity-seeking groups to access jobs
building, operating, and maintaining urban development and public
infrastructure--i.e., the right to physically build and work the city. I
argue that outside of a much deeper participatory movement that
radically redefines the purpose of urban development, the right to build
the city--as it is codified in CBAS--risks producing a negotiated form
of neoliberalism and gentrification that trades off gains for some
marginalized groups only at the expense of others. (21)
Community benefits agreements have become widely used by
labour-community coalitions in the United States over the past fifteen
years, as a strategy for regulating "urban revitalization"
projects in low-income and racialized neighbourhoods, CBAS are formal
contracts negotiated between a developer or public agency and community
groups that are usually working together in a coalition with unions.
Typically, the coalition offers political support for a project in
return for a range of potential benefits, such as guarantees of
training, jobs, and affordable housing protections for local and/or
marginalized residents; union recognition; living wages and health
benefits; environmental measures and other public amenities; and social
procurement (e.g., contracts for social enterprises and minority- or
women-owned businesses).
Community benefits agreements are part of a suite of emerging
strategies used by labour-community coalitions to increase employment
equity within the construction sector that includes impact benefit
agreements (IBAS); community workforce agreements within project labour
agreements (PLAS); and city-wide ordinances governing public works
projects, as well as targeted hiring policies by individual public
agencies. (22) In Canada, IBAS negotiated between northern Aboriginal
communities and mining companies or hydroelectric agencies have become
standard practice, but there are only a few examples where employment
equity has been incorporated into PLAS or CBAS for urban development
projects. (23)
In many countries, municipalities negotiate "planning gain
agreements" in which private developers are granted permission to
build in exchange for financial payments to residents, improvements to
community facilities, affordable housing units, and/or the transfer of
ownership of facilities or land to the community. (24) In Canada,
municipalities grant developers permission to exceed building height and
density bylaws in exchange for cash contributions and amenities to
communities living near the development; however, these
density-for-benefits agreements do not include provisions around
employment. (25) The City of Toronto has undertaken a few pilot projects
to link the hiring of marginalized residents to the construction of
public buildings. (26) These early collaborations led the Toronto
Community Housing Corporation to adopt a goal in 2015 that 10 per cent
of its workforce for completing capital projects were to be public
housing residents--94 per cent of whom live below the poverty line.
Besides some scholarship on IBAS and PLAS, (27) there is
surprisingly little about CBAS in the labour studies literature. The
legal and political implications of CBAS have been debated primarily
within legal studies, urban planning, and critical human geography. I
outline these debates below, and I argue that they suffer from a lack of
empirical data, particularly regarding implementation outcomes of CBAS,
and CBAS tied to public sector projects. And although scholars have
identified the critical role played by unions in negotiating CBAS, (28)
there has been little analysis that explains how this role is shaped by
political struggles between unions and the state (particularly at scales
beyond municipal government), as well as struggles within the labour
movement.
I argue that CBAS for public works projects can be an effective
strategy for labour and community groups to negotiate greater
participation in urban planning, more equitable distribution of the
positive and negative economic and environmental impacts of urban
development, and support for union renewal. But even these goals, which
are part of a reformist rather than revolutionary right to the city
agenda, cannot be realized if CBAS are understood simply as bureaucratic
or technocratic exercises, achievable through an "insider
strategy" of lobbying and backroom negotiations. The Toronto case
study discussed below shows how the insider strategy of the Toronto
Community Benefits Network managed to win discursive support for CBAS
from provincial policymakers, but could only push the government to
implement a weak employment equity program based primarily on a
workforce development model.
I argue that more arduous organizing deep within unions and
marginalized neighbourhoods is necessary to win a comprehensive and
legally binding CBA that institutes a stronger employment equity
program--one that includes changes to hiring practices and workplace
cultures. This type of deep organizing would also be necessary for
scaling up CBA organizing beyond a project-by-project basis toward
winning meaningful city-wide or province-wide policies. I explain how
the strategic efforts of the Network to win a CBA were facilitated or
constrained by political vulnerabilities of the minority provincial
government and an embattled Metrolinx (the provincial transit
authority); the changing labour control regime of construction workers
in Toronto and Ontario; and the effectiveness of the Network at
mobilizing resources to sustain its activities. I argue that without a
deep and radically oriented organizing strategy, even the reformist
goals of CBAS may be unattainable, and CBAS risk being used by
governments and developers simply to give an appearance of democratic
engagement without conceding any power, or worse, being used as
political cover for deepening neoliberal governance. I conclude the
article by evaluating the extent to which labour-community coalition
building around CBAS could be reoriented as part of an emergent,
radically oriented right-to-the-city movement.
Literature on CBAS
IN THE NASCENT LITERATURE ON CBAS, their merits are debated among
academics and practitioners. For their promoters, CBAS are a form of
participatory planning or deliberative democracy and a pragmatic effort
by marginalized communities to offset the uneven impacts of urban
downtown "revitalization" projects. (29) In the late 1990s and
early 2000s, municipal and regional governments tried to attract global
capital investment and to slow urban sprawl through a mix of "smart
growth" planning policies, tax incentives, and the construction of
public infrastructure and cultural buildings (e.g., sports stadiums,
opera houses, museums). In the United States, CBAS emerged as a strategy
for protecting low-income, disproportionately racialized, inner city
residents from gentrification-led displacement and to more equitably
distribute the economic benefits associated with urban redevelopment.
Community benefits agreements have been criticized on the grounds
of both their real existing practice and their theoretical
underpinnings. Legal scholars and practitioners, who have contributed
the most to the literature on CBAS, have criticized them for lacking
sufficient monitoring and enforcement mechanisms and for being
vulnerable to legal challenges on the basis of proportionality exaction
laws (or, within the Canadian context, appeals to provincial municipal
boards). (30) The democratic accountability of CBAS and their ability to
meet the needs of affected communities have come under scrutiny
following a series of projects in New York City in which neighbourhood
organizations were either excluded from CBA negotiations or handpicked
by developers. (31) Procedural concerns have also been raised given the
greater negotiation expertise, resources, and political influence of
developers and unions relative to community groups during the
negotiation of CBAS. (32)
Urban planning scholars have criticized the very premise of CBAS,
arguing that exacting benefits or zoning changes for the particularist
interests of neighbourhoods on an ad hoc basis circumvents the
fundamental goals of comprehensive city planning. (33) They argue that
CBAS privilege the gentrification of neighbourhoods, rather than
distributing benefits of development across the city to all marginalized
residents, including those living in areas of disinvestment where CBAS
are not possible. (34) According to this critique, CBAS risk supporting
"NiMBYism in reverse (benefits 'only in my
backyard')." (35) Similarly, labour geographers have critiqued
the "militant particularism" (36) of unions involved in the
negotiation of CBAS, arguing that unions often relinquish struggles over
the purpose of development and implications that projects have for the
working class as a whole, for the sake of securing minor or immediate
benefits for a particular group of unionized workers. Ian
MacDonald's study of CBA negotiations surrounding the redevelopment
of New York's Coney Island demonstrates how the logic of real
estate-led urban accumulation results in a "negotiated
gentrification," in which unions trade off working-class interests
around affordable housing in exchange for other working-class interests,
regarding employment, wages, and union representation. (37) Similarly,
Steven Tufts critiques a CBA linked to a proposed (but eventually
cancelled) entertainment and gambling complex in Toronto, arguing that
unionized hotel workers stood to benefit from an employer neutrality
clause in the proposed CBA, but their support for rezoning the site
facilitated the city's deindustrialization. (38)
Critical urban geographers argue that planning gain agreements,
including CBAS, allow developers to effectively purchase highly
profitable zoning changes and secure state subsidies while giving
relatively little to communities in return. (39) Linda Fox-Rogers and
Enda Murphy conclude that these agreements "not only reflect the
dynamics of neoliberalism, they support the core neoliberal objective of
redistributing wealth and power upwards." (40) Decades of
neoliberal downloading of responsibilities by provincial and federal
governments for the delivery of infrastructure, affordable housing, and
social welfare, coupled with austerity, has created a permanent budget
crisis for municipal governments and a backlog of capital projects. (41)
Municipal governments have responded by becoming more
"entrepreneurial," with the role of city planning departments
shifting from regulating private developments to finding innovative ways
of courting them. (42) Planning gain agreements are often packaged
together with tax incentives and zoning amendments as a way for
municipal governments to secure private funds for projects traditionally
financed through the Keynesian welfare state. (43) Tufts has warned of
CBAS becoming "co-opted community unionism" that lets the
provincial and national state "off the hook" from their former
role in local economic development processes and the provision of things
like affordable housing and community spaces, while promoting neoliberal
competition between cities based on the level of tax subsidies given to
private developers. (44)
My case study of the Toronto Community Benefits Network refines
criticisms levelled against CBAS within the literature. First, most of
the CBAS discussed in the literature are for private sector
developments, while the CBA proposed by the Network is for a public
transit infrastructure project. Rather than letting the provincial state
"off the hook," the Network made direct--albeit
limited--demands on the government of Ontario and the provincial transit
authority (Metrolinx). Second, the Network's proposed CBA attempts
to respond to the critique that CBAS benefit some marginalized
neighbourhoods more than others, or pit particularist concerns against
city-wide planning objectives. The employment equity hiring policies and
programs proposed by the Network targeted equity-seeking and
historically disadvantaged residents living anywhere in the city, not
only in marginalized communities adjacent to where new transit lines
will be built. Third, CBAS for public sector developments might
legitimize neoliberal competition and "redistribute wealth and
power upwards," but not in the same way as private sector CBAS.
Whereas private developers leverage CBAS politically to win specific
zoning changes and capture tax subsidies for a particular company
operating in a particular neighbourhood, CBAS associated with public
infrastructure projects risk becoming complicit in the neoliberal
restructuring of cities in a more generalized way, given the critical
role that public infrastructure plays in facilitating spatio-temporal
fixes and the ability of ruling political parties to directly use CBA
negotiations to consolidate power.
The limitations of CBAS linked to public infrastructure projects
identified in my case study align with the critiques raised by urban and
labour geographers. Any potential gains that the CBA proposed by the
Toronto Community Benefits Network makes in terms of employment equity
are likely to be overshadowed by (1) the gentrification of
neighbourhoods situated along the new transit line, which will displace
low-income and predominantly racialized renters and (2) the negative
effects associated with the government's public-private partnership
procurement model for the project. I argue that the Ontario government
has used its negotiations with the Network for a CBA as a "good
news story" to make itself appear friendly to trade unions and
equity-seeking groups. This has provided the government with useful
political cover for its neoliberal restructuring of the construction
sector that weakens the position of unions and for the gentrification of
poor, racialized neighbourhoods. My case study accounts for the outcomes
of CBA negotiations and program implementation, and explains why the
Network failed to resist the Ontario government's transit policy as
a form of gentrification and privatization. My argument focuses on the
political context and labour-relations regimes of Toronto and Ontario,
as well as the Network's organizing capacity and strategic
decisions.
My case study contributes to debates in the CBA literature by
offering much-needed empirical observations. Most evaluations of CBAS
are based on the stated (i.e., aspirational) goals of negotiated
agreements, rather than on actual outcomes of CBAS during
implementation. Three separate reviews of the grey literature identified
only a handful of CBAS or similar PLAS for which quantitative results of
employment equity (or affirmative action) programs are available. (45)
Collecting data on implementation outcomes is frustrated by the weak
monitoring provisions of many CBAS, or by the absence of a dedicated
coordinator to oversee the work of tracking and reporting results.
My case study is based on over three years of participatory
action-based fieldwork, between 2011 and 2015. As a volunteer, I helped
establish the Network and participated in dozens of Network general
membership meetings and steering committee meetings, as well as seven
negotiation meetings with Metrolinx over the course of a year. I
reviewed all documents produced by the Network (e.g., flyers, reports,
press releases, website materials, training materials), some of which I
helped produce.
My unique position as an "activist-scholar" (46) improved
the quantity and range of data I collected for the case study. This type
of "research as praxis" (47) challenges the ontological
opposition between objectivity and subjectivity. (48) My involvement in
the Network offered a privileged "insider" vantage point,
which was useful for identifying the roles and importance of various
actors as part of the coalition building and negotiation processes;
knowing the strategic thinking of the Network; and weighing the
importance of factors that shaped its decision making, including the
Network's organizational structures and culture, as well as the
internal politics of member organizations and the Network itself. The
study's credibility was strengthened by establishing long-term and
trusting relationships with participants. (49) My prolonged period of
fieldwork enabled the tracking of changes within the coalition and CBA
negotiation process in relation to changing political opportunities
structures, primarily within Ontario and Toronto. To further increase
the trustworthiness of my analysis, my ethnographic insights were
triangulated against the academic literature as well as insights from
news media, relevant grey literature, and twelve semi-structured
interviews I conducted with key members of the Network.
The Toronto Community Benefits Network
IN 2006, THE ONTARIO GOVERNMENT formed an arms-length regional
transportation authority, called Metrolinx, to coordinate a 25-year, $50
billion transportation plan called The Big Move, with the goal of
building 1,200 kilometres of rapid transit across the greater Toronto
and Hamilton region. One of the first projects funded through this plan
is the $6.6 billion Eglinton Crosstown Light Rail Transit (LRT) line,
which, when completed in 2021, will run nineteen kilometres east-west
across Toronto's midtown. The Crosstown LRT project can be
understood as part of a spatial fix aimed at improving the circulation
of capital, increasing midtown land values, and creating profitable
investments for the construction sector, but it also encompasses a
broader "socio-ecological fix" aimed at reducing congestion
and air pollution. (50) The provincial government promoted its
investment in transit by promising the Crosstown project would create
46,000 jobs. (51)
In 2013, a city-wide coalition of grassroots community groups,
social agencies, and trade unions formed the Toronto Community Benefits
Network (the Network), scaling up earlier efforts by a
neighbourhood-based coalition called the Mount Dennis Weston Network.
(52) Led by the Toronto and York Region Labour Council, the
Network's goal was to win a CBA to more equitably distribute the
jobs and economic benefits associated with the Crosstown LRT project.
The importance of distributing the benefits of the project equitably was
heightened in the context of Toronto's deepening socio-spatial
polarization and because the Crosstown LRT, together with three other
planned LRT lines, would run through nine of Toronto's so-called
Priority Neighbourhoods--low-income, racialized, underserviced inner
suburbs. (53)
Over the course of 23 meetings and workshops, the Network developed
a CBA proposal with four key objectives. First, the Network wanted to
increase access to apprenticeships in the building and construction
trades for "historically disadvantaged and equity-seeking
groups." Only 3 per cent of skilled construction tradespersons in
Canada are women. (54) In Ontario, only 8 per cent of apprentices
completing their apprenticeship program in the skilled trades identify
as a "visible minority," despite racialized workers making up
23 per cent of the labour force. (55) The Network's goal was to
have 100 per cent of all new apprentices working on the Crosstown LRT
project hired through existing union-run, pre-apprenticeship programs
that support youth from equity-seeking and historically disadvantaged
groups. One of these pre-apprenticeship programs was called Hammer Heads
(run by the Central Ontario Building and Construction Trades Council
[COBT]) and the other was called CHOICE (run by the Carpenters'
Union Local 27). (56) These programs had intakes of 45 students per year
(i.e., three intakes of 15 students) and 15 students per year,
respectively. The Network confirmed with the unions running these
programs that they had the capacity to increase their intakes of
participants to meet the apprenticeship needs of the Crosstown project.
The Network's second objective was to support internationally
trained professional immigrants in securing jobs in their field. Recent
immigrants with professional, administration, or technical
qualifications--many of them from racialized groups--are often shut out
of work in their field due to a "lack of Canadian work
experience," or because their credentials are not recognized. (57)
For example, only 20 per cent of engineers with degrees from outside
Canada actually work as engineers or engineering managers, while 50 per
cent of immigrant women with international engineering degrees are
unemployed. (58) The third objective was to increase access by social
enterprises to construction-related contracts, which are traditionally
set too large for social enterprises to bid on.
The Network's fourth objective was to ensure that the building
of transit infrastructure contributed to neighbourhood and environmental
improvement. The Network wanted the maintenance and storage facility for
the new Crosstown LRT trains to be built to high environmental
standards, incorporate street beautification, reserve building space for
community use, and intensify economic development on the site rather
than leave it simply as a transit yard. The Network also wanted
Metrolinx to use land it had acquired for the construction of the
Crosstown for building affordable housing, to help offset the
gentrification pressures facing low-income residents from the new LRT
line.
The Network initially adopted an "insider" strategy that
included lobbying, compromising on its demands, using a conciliatory and
collaborative tone, and not publicly criticizing Metrolinx. Using a
discourse that appealed to "jobs," "equity," and
"good public policy," the Network lobbied Metrolinx board
members and provincial politicians to successfully open negotiations
with Metrolinx's senior management. The Network wanted to have a
CBA agreed to before the Crosstown project went to tender in June 2013.
The Network considered lobbying to be the quickest method, and the most
efficient use of scarce resources, for ensuring that a CBA would be set
as a condition within the request for proposals (RFP). AS it turned out,
Metrolinx delayed issuing the RFP until December 2013, which gave the
Network time to continue lobbying while simultaneously building up its
membership base, developing internal participatory governance
structures, and establishing working groups to refine its four CBA
objectives into concrete programs.
The Toronto and York Region Labour Council played a critical role
in developing the strategy of the Network, mobilizing funds from
foundations to pay for part-time and full-time staff and using its
political stature and connections to open negotiations with Metrolinx.
But the Network was not what some scholars of labour-community
coalitions have critiqued as a "vanguard coalition" that was
bargaining for the narrow self-interests of particular unions in the
name of "community." (59) In fact, Labour Council
representatives had to spend considerable effort trying to convince
unions to participate in the coalition, which comprised mostly
neighbourhood groups and social agencies. The Labour Council was
motivated by a commitment to equity that began in 2002. (60) It has
viewed political organizing within racialized and recent immigrant
groups as necessary both for increasing union density and for defending
both unions and communities against populist right-wing electoral
politics.
The Network's Impact on Policy
THE NETWORK'S INSIDER STRATEGY had some initial success. To
the surprise of the Network, Metrolinx opened its doors to negotiations
in December 2012. After nearly a year of negotiations, Metrolinx agreed
to insert special clauses into the RFP for the construction of the
Eglinton Crosstown LRT that required the bidding consortia to submit an
"Apprenticeship Plan and Program" as well as a "Community
Benefits and Liaison Plan" (see Table 1). In April 2014, the
Network and Metrolinx signed Ontario's first-ever "community
benefits framework," which established a set of agreed-to
principles and responsibilities governing the delivery of community
benefits for the Crosstown project as well as two other, future LRT
projects in Toronto along Finch and Sheppard Avenues. But as I point out
below, the framework was not legally binding and was vague in terms of
implementation details. Metrolinx did commit to a "community
benefits program" aimed at "offering a range of employment,
training, and apprenticeship opportunities for historically
disadvantaged communities and equity seeking groups, as well as
encouraging the provision of goods and services from local suppliers and
social enterprises." (61)
The reference to "historically disadvantaged communities and
equity seeking groups" was a win for the Network and challenged
Metrolinx's preference for using vague, homogenizing, and
apolitical language, such as "community partners."
The success of the Network in shaping policy discourse was made
evident in a speech by Premier Kathleen Wynne to over a thousand union
and community delegates at a Good Jobs Summit in Toronto in October
2014. Wynne highlighted the work of the Network and championed the
concept of linking infrastructure spending to community benefits:
Working together, these partners have ensured that the Crosstown build
will mean good jobs for people from disadvantaged communities along the
line. They signed in fact Ontario's first community benefits agreement
on a project like this. Training, apprenticeship, and employment
opportunities are now a legally binding aspect of the Crosstown.
[applause] Great thing. It's a great thing. So, for me, that represents
a turning point in how we invest public money. We have the public money
invested in the infrastructure, but it's working for people. That's
what I love about infrastructure investments. Good jobs here in
Ontario, and with benefits for the entire community for today and
tomorrow. With so much investment in public infrastructure ahead we're
going to keep working together to seize every opportunity for good jobs
that build that fairer, more equitable Ontario that I know we're
capable of. And 1 hope that the community benefits process signals a
new era of collaboration along the workforce development pipeline.
Bringing the goals of government, labour, not-for-profit and business
closer together. Because they should not diverge. They should be, ah,
all pulling in the same direction. (62)
With the support of the Building and Construction Trades Council of
Ontario, the Network also successfully lobbied the provincial government
to amend Bill 6 (Infrastructure for Jobs and Prosperity Act). The
principle of the act was amended to promote the inclusion of community
benefits for infrastructure projects (though it fell short of requiring
them):
Infrastructure planning and investment should promote community
benefits, being the supplementary social and economic benefits arising
from an infrastructure project that are intended to improve the
well-being of a community affected by the project, such as local job
creation and training opportunities (including for apprentices, within
the meaning of section 9), improvement of public space within the
community, and any specific benefits identified by the community. (63)
Toronto's municipal politicians also drew inspiration from the
Network's advocacy. For example, Olivia Chow incorporated CBAS into
her (failed) 2014 Toronto mayoral campaign. Councillor Kristyn Wong-Tarn
proposed that the city establish a Community Benefits Working Group and
CBA protocol. (64)
The Network's success in introducing the concept of CBAS into
mainstream policy circles is partly explained by opportunities created
from political crises facing both Metrolinx and the Liberal minority
government. Neighbourhood groups along Toronto's northwest rail
corridor had created a public relations disaster for Metrolinx dating
back to 2004. The construction of a new regional commuter line as well
as a luxury express service from Pearson airport to downtown Union
Station caused disruptions and environmental concerns for adjacent
residents. (65) Residents also pressed successfully for a station to be
built in their neighbourhood and for the premium express-service fares
to be drastically reduced, to a price within reach of working-class
commuters. Residents along the corridor later formed the Clean Trains
Coalition, staging community events and even suing Metrolinx
(unsuccessfully) in August 2012 to have the agency reverse its decision
to use diesel trains rather than to electrify the rail corridor. The
ruling Liberal administration became a target of the Clean Trains
Coalition. The New Democratic Party (NDP) seized on widespread
malcontent with Metrolinx to narrowly steal some seats from the Liberals
in electoral ridings along the northwest rail corridor. Because they
were left only a couple of seats shy of a majority government following
the 2011 Ontario general election, the ruling Liberals had to pay much
closer attention to the concerns of swing ridings such as those along
Toronto's northwest rail corridor. Some of the key activists
involved in these struggles would go on to help form the Network.
Community activists and NDP politicians began demanding that poor
and racialized residents concentrated along the corridor should benefit
from the billions of infrastructure dollars being invested in their
backyards. (66) This demand was heightened following a wave of
high-profile gun violence in Toronto during the summer of 2012,
including the shooting deaths of Black youth along the northwest rail
corridor. The Black community renewed pressure on the provincial
government to create economic opportunities that could end cycles of
poverty and crime. (67) The Network's proposal for a CBA therefore
offered both Metrolinx and the government a much-needed "good
news" story around both transit construction and efforts to address
racialized poverty. The Network mobilized this opportunity during
face-to-face negotiations and through a positive (vs. oppositional)
media strategy. The Network worked with sympathetic journalists to have
the proposal for a Crosstown CBA featured in mainstream newspapers,
thereby raising the public expectations placed on Metrolinx.
The Network's effectiveness at mobilizing resources also
accounts for its success in introducing the concept of CBAS into
mainstream policy circles. Between 2012 and 2016, the Network secured
over $900,000 in grants from charitable foundations including the United
Way, the Atkinson Foundation, and the Maytree Foundation. This funding
allowed the Network to hire full-time staff members to lead its
lobbying, negotiation, and outreach efforts and paid for basic
organizing expenses (e.g., food for meetings, printing of materials).
These charitable foundations are well respected across the political
spectrum. Securing this funding increased the legitimacy of the Network
in the eyes of Metrolinx and the government, and it signalled that the
Network was not "going away" and thus had to be negotiated
with.
Evaluating Employment Equity Results
ALTHOUGH THE NETWORK got Metrolinx to sign a Community Benefits
Framework and to include community benefits clauses in the RFP for the
Crosstown, and despite the premier's blessings, this community
benefits program fell short of a legally enforceable CBA. My review of
the CBA literature identifies six mechanisms that must all be in place
for a CBA to realize employment equity goals:
1. A clear and inclusive definition of the groups being targeted
for support (i.e., "equity-seeking and historically disadvantaged
groups").
2. Training and pre-employment programs for targeted groups (e.g.,
apprenticeship programs, bridging programs for internationally trained
immigrants).
3. A legal mechanism that gives targeted groups preferential access
to training and job opportunities. (This has been achieved in other
jurisdictions through numerical ["hard"] targets and/or
"First Source Hiring" policies ["soft targets"] that
give targeted groups advanced access to job postings and/or the first
round of interviews. Preference or procurement set-asides have also been
given to social enterprises or businesses owned by women and people of
colour.)
4. Community-based, culturally appropriate outreach to ensure that
targeted groups receive notice of opportunities and are encouraged to
apply by people they trust.
5. Wrap-around supports for participants so they can attend
training and retain jobs (e.g., child care, mentorship, financial
assistance, training and strategies within workplaces to address sexism
and racism).
6. Strong coordination, monitoring, and legal enforcement
mechanisms to ensure parties to the CBA comply. A dedicated coordinator
within government helps drive implementation. (68)
Metrolinx's community benefits program included only some of
these six mechanisms (see Table 1).
Although the RFP clauses are legally enforceable, they are written
in broad terms that reduce their legal significance. The vaguely worded
Community Benefits and Liaison Plan only requires companies to better
disseminate knowledge of existing job and procurement opportunities
associated with the project. The Apprenticeship Plan and Program takes
this a step further, requiring "a focused program for
youth-at-risk, historically disadvantaged groups in local communities
including low-income, racialized and immigrant populations, and military
veterans." (69) But the details of this program were left up to the
contractor to define. Most significantly, these plans and programs did
not legally bind Metrolinx or its contractors to any specific equity
hiring targets or hiring policies.
In the end, what Metrolinx would come to refer to as its
"community benefits program" adopted a workforce development
approach on the (false) premise that equity-seeking and historically
disadvantaged workers simply require better labour market information
and access to training to equitably compete for jobs. In other words,
inequality is understood as a problem of marginalized individuals (their
knowledge of the labour market, their training) rather than any problem
with institutional structures, practices, or culture. This contrasted
with the Network's proposals for institutional changes to hiring
practices and workplace cultures, as well as for the monitoring and
enforcement of quantitative equity targets.
The construction consortium that eventually won the Crosstown
contract, Crosslinx Transit Solutions, operationalized the Community
Benefits and Liaison Plan and the Apprenticeship Plan by having its
human resources department coordinate with existing workforce
development programs and services offered by unions, the City of
Toronto, and social agencies. (70) But in terms of employment equity and
social procurement, Crosslinx would stick closely to the (nominal) legal
obligations stipulated in its project agreement with Metrolinx.
In November 2016, after no less than four years of negotiations,
the Network, Metrolinx, and Crosslinx Transit Solutions eventually
signed a well-publicized declaration to "aspire to achieving a
goal" for "employing apprentices or journeypersons from
historically disadvantaged communities and equity seeking groups to
perform 10 per cent of all trade or craft working hours, on a trade by
trade basis." (71) To the credit of the labour-community coalition,
this was the first time that any kind of employment equity target--even
if only an aspirational one--had been won for an urban infrastructure
project in Ontario; anecdotally, some trades do fall below 10 per cent
in terms of employment equity, meaning that reaching the target would be
an improvement. However, no baseline study of Toronto's
construction and building trades was ever conducted, meaning the 10 per
cent goal for equity-seeking and historically disadvantaged groups may
already be being met. At a national scale, for which statistics have
been gathered as part of Canada's Employment Equity Act, the
private sector labour market availabilities of designated equity-seeking
groups in the skilled crafts and trades are 3.9 per cent for women, 4.5
per cent for Aboriginal peoples, 3.8 per cent for people with
disabilities, and 10.3 per cent for members of visible minorities. (72)
Another problem with the declaration is that "historically
disadvantaged communities" remains undefined, inviting conceptual
slippage that makes it easier for additional groups of workers, whom the
Network did not intend, to be counted toward meeting the 10 per cent
target. The government press release announcing the declaration already
broadened the conceptualization of targeted groups, removing mention of
equity and instead shifting toward a more general and geographical
meaning: "apprentices and journey persons who live along the
transit corridor and who have had trouble finding jobs." (73)The
Network had always resisted defining target populations in geographical
terms (e.g., "local communities"), because it does not
explicitly address employment equity. The 10 per cent target can also be
criticized for being far too low of an aspirational goal, considering
that 49.1 per cent of Toronto's residents are "visible
minorities" and just over half are women. (74)
Metrolinx did hire a dedicated "community benefits
specialist" to coordinate its community benefits program and would
also require that the contractor have dedicated community benefits
liaison staff. In terms of monitoring results, Metrolinx agreed to
include the Network in a working group that would "participate in
the creation of a monitoring and evaluation framework," but did not
provide further details as to the nature of this framework. Despite
suggestions from the Network, neither Metrolinx nor Crosslinx has yet to
put any process in place for collecting disaggregated demographic data
on the workforce building the Crosstown LRT, making it impossible to
properly evaluate the impact of community benefits programs in terms of
employment equity, beyond collecting anecdotes.
The Network received the most support from Metrolinx and the
provincial government for its proposal to carry out community-based,
culturally appropriate outreach. Many new immigrants do not know how to
navigate the apprenticeship system, may not see the trades as a good
career for their children, or lack the social capital to access
opportunities in the trades. The Network received an additional $100,000
in workforce development funding from the provincial government (managed
through the United Way) to conduct a series of "resident engagement
sessions" within marginalized communities across the city to
promote careers in the building and construction trades. Between late
2014 and the summer of 2015, these resident engagement sessions
generated a database of approximately 330 prospective applicants. Trade
union representatives attended these sessions and helped about a dozen
targeted residents enter union apprenticeships even before station
construction for the Crosstown began in March 2016. (75) By the time
construction picked up, going into 2017, the Network had coordinated
with Crosslinx and trade unions to place a couple of dozen more
apprentices.
In terms of improving access to professional, administrative, and
technical (PAT) jobs for immigrants with international credentials and
experience, Metrolinx agreed only to pass along job postings to the
Network and relevant social service agencies, which then used their
databases of targeted residents to identify and pre-screen qualified
applicants. But neither Metrolinx nor its contractors were under any
obligation to interview candidates sent to them by the Network. At its
December 2016 board of directors meeting, Metrolinx claimed that
Crosslinx had hired 42 people through the PAT jobs pipeline.
To put these apprenticeship and PAT job numbers into context,
Metrolinx has stated that the Crosstown project "is creating
thousands of design and construction jobs." (76) In 2015, Metrolinx
reported that its own workforce (not including hires by Crosslinx for
the Crosstown project) totalled 3,372--a number that had increased at a
rate of 10 per cent annually for the previous five years--with 275 new
hires projected for the 2015-16 fiscal year.
The Network has struggled to help social enterprises gain access to
procurement contracts. Tenders for large infrastructure projects are
often too big for social enterprises to bid on. Besides smaller tenders,
the Network asked Metrolinx to set a target for the dollar amount of
social enterprises contracts to be awarded for the project. Metrolinx
has instead simply increased the exposure of social enterprises to
procurement officers. As of February 2016, thirteen social enterprises
had been "prequalified" and seven had been interviewed by a
procurement officer, but only one had received business (worth $1,000).
By early 2017, Crosslinx had procured $13,420 worth of services from
social enterprises, including couriers and catering.
Although the Network's insider strategy managed to launch the
idea of CBAS into mainstream policy circles, results have so far been
minimal in terms of the number of equity-seeking and historically
disadvantaged residents hired to work on the Crosstown LRT project
through community benefits programs. Four years of negotiations and
meetings between Metrolinx and the Network have failed to lead to any
more than a few dozen targeted residents getting jobs, on a project
worth $6.6 billion. (77) This implementation failure reflects the
success of Metrolinx at bureaucratizing the Network's advocacy into
protracted negotiations and a largely ineffective workforce development
approach. The Network bolstered its lobbying efforts by adopting a
conciliatory and compromising relationship with Metrolinx and the
governing political party. The Network avoided explicitly demanding a
right to "employment equity" and instead evoked the
bureaucratic logic of "good public policy." (78) The Network
also made a "business case" for implementing a CBA, referring
to the way that community benefits "added value" to the
project (alluding to the "value for money" discourse being
used by the government to justify public-private partnerships). The
Network did not organize protests against Metrolinx or the government
and did not publicly criticize Metrolinx after negotiations had begun.
Only belatedly, in the fall of 2016, did the Network publicly voice
frustration with the lack of action by Metrolinx and Crosslinx (which
seems to have helped bring about the joint declaration discussed above).
(79)
An alternative strategy would have seen the Network try to increase
its bargaining power by mobilizing external political pressure on
Metrolinx and the government. The Network could have organized
politically within marginalized neighbourhoods by connecting the
struggle for a CBA to growing frustrations around several issues: a lack
of (decent) jobs; increasing rent and transit costs; poor transit
service; racism and sexism in the labour market; and government inaction
on the root causes of gun violence. During its initial formation, the
Network did organize three community meetings that tried to link some of
these issues with a potential CBA. (80) But its leadership felt it
lacked the time and resources to continue or to deepen this type of
community organizing, especially since there are very few existing
grassroots organizations in Toronto's marginalized neighbourhoods
that the Network could have worked with. Toronto has many social
agencies, some of which joined the Network; however, agencies are
reluctant to engage in political activity out of fear of losing their
government funding. In hindsight, the Network was quite successful at
securing funds--although these funds were mostly tied to narrow
workforce development activities.
In addition to concerns regarding its organizing capacity, the
Network leadership commonly cited their fear of "raising false
expectations" among marginalized residents. The leadership worried
that if jobs on the Crosstown LRT project never materialized through a
CBA, there would be a negative backlash against the Network and Labour
Council that would undermine future political campaigns and
coalition-building efforts. Successful grassroots organizing, both
within unions and communities, also increases participants'
democratic expectations within a coalition. But members' democratic
engagement threatens any leaders who want to maintain strategic control
through top-down organizational structures and leadership practices.
(81) Although the Network had several participatory governance
structures (e.g., an elected steering committee, open working groups for
each of its four objectives), the negotiation and media strategies--and
decisions on how funds were allocated--were set largely by Labour
Council representatives and an inner circle of trusted coalition
members. Meanwhile, the funding agencies on which the Network relied for
financial support exerted increasing influence over the Network's
priorities, shifting it away from community organizing and toward
bureaucratic activity centred on workforce development. I argue that
winning meaningful and lasting gains through political bargaining
(including CBAS) requires a type of deep organizing that engages people
door-to-door in communities, or member-to-member in unions, and that
raises expectations genuinely by engaging all participants in
transparent discussions about strategy, tactics, and resource allocation
(e.g., through participatory budgeting, participatory bargaining, and
popular assemblies). (82) Since construction on the Crosstown LRT is
only wrapping up its first phase at the time of writing, the Network may
still have time to amass political pressure on the government through
this type of deep community organizing.
The Role of the Building and Construction Trade Unions
ANOTHER SIGNIFICANT CHALLENGE for the Network has been gaining
political buy-in from the building and construction trade unions.
Although representatives from a few union training centres participated
regularly in Network meetings, and even sat on the Network's
steering committee, the unions' elected political leadership did
not participate directly in the Network. (83) Most notably, the COBT,
which ran the Hammer Heads pre-apprenticeship program for disadvantaged
youth, did not participate in the Network--although some COBT-affiliated
unions did participate. The Network's original vision for a CBA had
involved greatly expanding the Hammer Heads program, but the
program's director was not open to working with the Network. The
Network was more successful working with the Carpenters' Union,
which ran its own pre-apprenticeship program called CHOICE. The
president of the Labour Council was from the Carpenters' Union,
which fostered this relationship.
Historically, the building and construction trade unions have
operated as "bread and butter" business unions, making it
highly unusual for these unions to engage in labour-community
coalitions. This is not to say that these unions have avoided
politics--far from it. The building and construction trade unions
provided the ruling provincial Liberal Party with significant financial
contributions and political endorsements. (84) This support has bought
the building and construction unions direct access to government
ministers, with the result that "insider politics" are
favoured over the formation of external political campaigns and
labour-community coalition building. In this context, participation in
the Network--even if primarily through their training centres--is an
important initial step if the building and construction trade unions are
ever to engage in community unionism. On the other hand, it remains to
be seen whether the trade unions will continue participating in the
Network if the coalition shifts from an insider strategy to an
organizing strategy based on pressuring the government externally. In
the struggle for a CBA, organized labour can offer community groups
considerable experience and skills in negotiating contracts. But this
strength can also become a weakness for a CBA coalition if the unions
involved are so used to bargaining through an insider strategy that they
cannot adapt to--or even resist--an external organizing strategy when it
is needed.
Another reason that trade unions were cautious in supporting a CBA
is that they are much more familiar negotiating PLAS. While the Network
was negotiating with Metrolinx for a CBA, the building and construction
trades were having parallel discussions with the provincial government
to secure a PLA for the Crosstown LRT project (Metrolinx refused to
agree to a PLA, leaving the decision to the future contractor). Although
the incorporation of equity hiring provisions into PLAS has become more
popular in the United States, (85) there is no indication that unions
were using the prospect of a PLA to advance equity hiring for the
Crosstown project.
Even without a CBA or PLA, the trade unions themselves could have
unilaterally increased equity in their apprenticeship programs. They
control admittance into many apprentice training programs and regulate
hiring (on unionized job sites) through the dispatching practices of
union hiring halls. The Network's negotiation team anticipated that
the unions might raise concerns that employment equity initiatives would
undermine long-standing dispatching practices of union hiring halls that
are based on the principle of "first out of work, first
rehired" (together with some flexibility accorded for experience
and skills). (86) The Network therefore proposed binding employment
equity targets only for new apprentices, not for journeypersons or
returning apprentices. Still, employment equity would have surely been a
contentious issue for union memberships, given that many new apprentices
are brought into the union through entrenched familial and sociocultural
networks. Intakes into apprenticeship programs become particularly
politicized within unions during the cyclical periods of high
unemployment characteristic of the construction sector, when they are
significantly reduced or cancelled. (87) Gaining the membership's
approval for employment equity policies would have therefore required
considerable internal organizing within trade unions to clarify and win
support for a proposal to select and hire apprentices in line with
equity goals.
Alternatively, the provincial government could have unilaterally
imposed employment equity hiring targets on the trades for the Crosstown
LRT project, even without the support of the unions, by taking over
control of dispatching workers to the job site. This was done by the
government of British Columbia in the mid-1990s for the Vancouver Island
Highway Project with successful outcomes in terms of increasing the
workforce participation of women, Aboriginal people, people with
disabilities, and visible minorities. (88) But such a measure would have
been interpreted by unions as an aggressive political move and so was
unlikely given the very close political (including financial)
relationship between the ruling Liberal government and the leadership of
the building trade unions, as well as the Liberals' minority status
(which required the party to shore up as much political support as
possible). Fundamentally, Metrolinx and the government were not prepared
to put in place employment equity hiring policies--not even for
white-collar positions within Metrolinx, over which they already had
total discretion.
The building and trade unions have failed to embrace employment
equity, not only as a goal in itself, but as a politically critical
strategy for defending their own narrow, organizational self-interest.
Employer-backed political parties and think tanks in Ontario are using
high levels of unemployment and underemployment, experienced
disproportionately within racialized and immigrant communities, as an
excuse for implementing anti-union, neoliberal reforms in the
construction sector. For example, the Ontario Progressive Conservatives
promised during the 2014 election campaign to create 200,000 new skilled
jobs over four years "at the stroke of a pen" by increasing
apprenticeship-to-journeyperson ratios on construction sites. (89) Trade
unions argued that the restructuring of apprenticeship ratios was simply
a way for employers to save on labour costs, at the expense of safety
and quality training. But a policy to increase the number of apprentices
appeals to poor, racialized workers and immigrants who feel shut out of
good-paying unionized careers in the trades.
Besides the issue of apprenticeship ratios, trade unions and the
Network missed an opportunity to link the struggle for a CBA with
opposition to neoliberal restructuring of public infrastructure
governance. Construction corporations have been successfully lobbying
and pressuring all levels of government to deregulate and marketize the
procurement process for public infrastructure projects. In Toronto,
urban transit lines were historically built by the publicly run Toronto
Transit Commission (TTC), which since 1959 has required that all its
contractors use local trade unions and pay the prevailing wage rates.
(90) This "closed shop" policy represents the historical
strength of trade unions' influence within municipal politics. The
Eglinton Crosstown LRT was originally to be built by the TTC, with
provincial funding. In 2012, the provincial government took over control
of the project, bypassing the TTC'S closed-shop procurement policy.
At the same time, the province announced it would privatize the design,
building, financing, and maintenance of the Crosstown LRT line, in what
it called an alternative financing and procurement (AFP) model
(rebranding the less popular term "public-private
partnership"). The province's AFP model opened construction
contracts to non-union contractors, thereby supporting the incursion of
the Christian Labour Association of Canada (CLAC) into Ontario. (91) The
province's AFP model also outsourced TTC maintenance jobs, which
otherwise would have been covered by the Amalgamated Transit Union (ATU)
Local 113. And since Metrolinx has agreed to let the TTC operate the new
LRT line only for the first ten years, union coverage of operating jobs
is threatened.
These policy shifts were implemented by the ruling Liberal Party,
but reflect a deepening of neoliberal governance that is championed from
all corners of the ruling elite. In 2012, the Ontario Progressive
Conservative Party (the official opposition) issued a white paper that
promised to turn Ontario into a "right-to-work" jurisdiction
while opening up all public procurement to non-union contractors. (92)
The government was also under pressure from Merit Ontario, the open shop
contractors' association, which launched a media campaign
criticizing the Liberal administration's ties to "union
bosses." (93) Meanwhile, the federal government was negotiating new
international free trade deals, including the Trans-Pacific Partnership
(TPP) and the Canadian-European Union Economic and Trade Agreement
(CETA), that would open up public infrastructure procurement to
international corporations by significantly constraining the historical
ability of provincial and municipal governments, and unions, to regulate
both the supply chain and the labour market. (94)
The neoliberal restructuring of Ontario's construction sector
in general, and of Toronto's LRT infrastructure in particular,
presents opportunities for building a mutual support coalition in which
unions support demands by marginalized community groups for employment
equity, while community groups join with unions to oppose deregulation
and privatization. This coalition could also bring together antipoverty
and public transit activists (e.g., TTcriders, Scarborough Transit
Action) who are concerned with how public-private partnerships impact
affordability and public control. Building a broad-based coalition would
require the building and construction trade unions to accept that
insider politics and business unionism is an insufficient strategy for
confronting the magnitude of neoliberal restructuring currently underway
in the construction sector. These unions are currently preoccupied with
using their (diminishing) influence on government to curb the lowering
of journeyperson-to-apprenticeship ratios by the Ontario College of
Trades, to compete with community colleges for government apprenticeship
funds, and to jostle over long-standing jurisdictional disputes. (95)
The ATU Local 113 has voiced opposition to public-private partnerships,
even if it could do more to organize its membership politically.
Although the ATU Local 113 has devoted few resources to labour-community
coalition building, it has sponsored TTcriders.
For its part, the Network made a conscious strategic decision to
separate its struggle for employment equity from concerns over
deregulation and privatization of infrastructure procurement, while also
abandoning class struggles over the gentrifying effects of
transit-oriented development. This decision allowed the Network to be
received by Metrolinx and politicians as a more "reasonable"
and "pragmatic" negotiation partner; at the same time,
however, it meant the Network potentially missed an opportunity to build
a broader and more radically oriented coalition in favour of employment
equity, union protection, the public delivery of affordable rapid
transit, and affordable housing.
Conclusion
THE NETWORK'S STRUGGLE for a CBA demonstrates how
labour-community coalitions are struggling to win not only economic
gains for the working class (e.g., through living-wage campaigns), but
"extra-economic" social justice goals as well, CBAS represent
an effort to increase the say and participation of marginalized
residents in the production of urban space. Already, Metrolinx has been
forced to reconsider its purpose as a public agency--moving beyond its
original role as a builder and planner of transit infrastructure--to
acknowledging its role in the delivery of social policy. The governments
of Canada and Ontario are promising to spend $125 billion and $137
billion on public infrastructure over the next ten years, respectively.
With much of this money earmarked for urban centres, the Network's
work on CBAS is establishing a new battleground where equity-seeking and
historically disadvantaged groups demand benefits from these
investments.
The Network's struggle for a Crosstown CBA points to the
unique set of opportunities and challenges associated with CBAS for
public infrastructure projects that has gone unacknowledged in existing
critiques of (largely private sector) CBAS in the literature. In
contrast to private sector CBAS, the demands that coalitions make on
public projects are not directly constrained by the logic of the
neoliberal market and private property (e.g., politicians cannot
threaten to relocate infrastructure investments unless the coalition
reduces its CBA demands). And unlike CBAS for private sector projects,
public sector CBAS do not enable private developers to secure direct
state subsidies and control over urban planning in exchange for jobs,
equity, or affordable housing. The CBA proposed by the Network also
demonstrates a way for such agreements to avoid charges of militant
particularism, by offering benefits to marginalized residents across the
entire city, rather than restricting them to a particular neighbourhood.
Although the Network's insider strategy succeeded at introducing
the concept of CBAS into mainstream policy discussions, so far it has
only realized a few concrete outcomes in terms of increasing employment
equity on the Crosstown LRT project. The Network's troubled insider
strategy demonstrates how labour-community coalitions can still be
co-opted while negotiating CBAS for public sector projects.
CBAS for both public and private projects are being used by
politicians and developers to give a progressive appearance to
development projects that are gentrifying marginalized neighbourhoods.
Meanwhile, labour-community coalitions are committing to narrowing and
diluting their most radical demands for the sake of
"reasonable" negotiations. Metrolinx was completely opposed to
discussing how the Crosstown LRT will displace low-income and
equity-seeking residents, so the Network instead used its negotiation
leverage strategically, making a case only for employment equity
(including social enterprises). But this strategic trade-off during
negotiations reflects the danger of both private and public sector CBAS
facilitating what Ian MacDonald calls a "negotiated
gentrification," in which working-class concerns around jobs
(including equitable access to jobs) are traded off against other
working-class concerns such as housing, environmental concerns, and
privatization. (96) These contradictions, which arise from the multiple
positioning of workers within capitalism--as consumers, producers, and
inhabitants--pose significant organizing challenges for labour-community
coalitions.
This case study has demonstrated how closer historical and
geographical analysis of particular labour-relations regimes helps
explain the strategies and outcomes of CBA negotiations. The
Network's strategy was shaped, in part, by the close relationship
between the building and construction trades and the ruling Liberal
Party. Unions that are politically close to the government, or that fear
the election of right-wing opposition parties, may be wary of
"making the government look bad" by trying to win a CBA
through applying external political pressure. But Premier Wynne's
rhetoric, praising CBAS while her government was taking steps to
privatize and deregulate infrastructure delivery, demonstrates the
danger of CBAS being used as an "ethical fig leaf" for
neoliberal restructuring. (97) At the same time, the provincial
government's restructuring of the construction sector has strained
its historical corporatist relationship with trade unions, potentially
creating new openings for labour-community coalition building.
Theorizing labour-community organizing of CBAS in terms of the
right to the city offers two further lines of critical evaluation.
Within a reform-oriented conceptualization of the right to the city, we
can identify strategies and conditions that would support the successful
negotiation and implementation of comprehensive CBAS. Strategically,
labour-community coalitions should not think of a CBA as a technocratic,
top-down policy instrument that can be somehow instituted through a
bureaucratic "back door," or lobbying strategy. A
social-democratic government might be more responsive to this type of
lobbying strategy and willing to overstep the normal dispatching system
of trade unions to unilaterally impose equitable hiring practices (as
noted in the case of the Vancouver Island Highway Project). But a lesson
that can be learned from past experiences trying to institute employment
equity in Ontario and Canada is that these policies (and the political
parties that champion them) are vulnerable to backlash, revocation, or
failed implementation when not supported by a robust and ongoing social
movement that can educate workers on the meaning and importance of
employment equity and keep political pressure on the government to
ensure proper implementation and enforcement. (98) Labour-community
coalitions that approach CBAS through an insider strategy would also
miss the potential of CBA organizing to contribute to community
unionism, or what Bill Fletcher and Fernando Gapasin prescribe in terms
of social justice unionism. (99) The lasting political impacts of CBA
struggles, beyond results for any particular project, are the new
organizational relationships and ideological transformations that
coalition activity facilitates. Building up political bargaining power
to win comprehensive CBAS requires that significant resources be
directed toward grassroots organizing--both to organize support for
unions within marginalized communities and to organize support for
equity within unions. Building community power, and deepening a concern
for social justice within the building and construction trade unions,
could strengthen efforts under way to scale up CBAS from a
project-to-project basis into city-wide and province-wide policies and
legislation that would make community benefits mandatory for all public
contracts. (100)
Understanding CBAS (and employment equity more generally) within a
radical conceptualization of the right to the city, reveals the
limitations of these types of agreements in resolving trades-offs or
contradictions associated with capitalist urbanization (e.g.,
gentrification from transit-oriented development). The goal must not
only be to ensure a fairer or equitable distribution of economic
benefits or negative impacts associated with urban development, but more
fundamentally to control the very purpose of urban development,
directing it toward meeting social needs rather than capital
accumulation. Despite the inherent contradictions identified above
stemming from the production of urban space through capitalist social
relations--or perhaps because these contradictions cannot at the present
moment be avoided--I do not see building a revolutionary
right-to-the-city movement as necessarily distinct from, or in
opposition to, reform-oriented labour-community organizing around CBAS,
or related policies. Building on the organizing that is currently taking
place around CBAS and transforming it into a revolutionary
right-to-the-city movement would require organizers, and coalitions like
the Toronto Community Benefits Network, to be honest about the political
limitations of CBAS, and publicly commit to a radical critique of urban
planning and development. Labour-community coalitions must amass
sufficient bargaining power in CBA negotiations--gained through building
a broad-based coalition, and grassroots organizing within unions and
neighbourhoods--such that they can advance their demands without having
to bargain away their rights to publicly criticize the government and to
be honest about the potentially destructive or uneven impacts of a
project.
James Nugent, "The Right to Build the City: Can Community
Benefits Agreements Bring Employment Equity to the Construction
Sector?," Labour/Le Travail 80 (Fall 2017): 81-114.
(1.) Amanda Tattersall, "Coalitions and Community Unionism:
Using the Term Community to Explore Effective Union-Community
Collaboration," Journal of Organizational Change Management 21, 4
(2008): 415-432; John Cartwright, "Speaking Notes for CAW-CEP--A
Moment of Truth Workshop," Toronto and York Regional Labour
Council, 25 February 2012,
http://www.unifor.org/sites/default/files/documents/document/john_cartwright_feb_25_english.pdf.
(2.) Amanda Tattersall, Power in Coalition: Strategies for Strong
Unions and Social Change (Ithaca: Cornell University Press, 2013);
Stephanie Ross & Larry Savage, eds., Rethinking the Politics of
Labour in Canada (Halifax: Fernwood, 2012); David Reynolds, ed.,
Partnering for Change: Unions and Community Groups Build Coalitions for
Economic Justice (Armonk, New York: M. E. Sharpe, 2004); Carola Frege
& John Kelly, eds., Varieties of Unionism: Strategies for Union
Revitalization in a Globalizing Economy (Oxford: Oxford University
Press, 2004); Lowell Turner, Richard Hurd & Harry Katz, eds.,
Rekindling the Movement: Labor's Quest for Relevance in the
Twenty-First Century (Ithaca: ILR Press, 2001); Jeremy Brecher & Tim
Costello, Building Bridges: The Emerging Grassroots Coalition of Labor
and Community (New York: Monthly Review Press, 1990).
(3.) Pamela Haines & Gary Klein, "Citizens and Unions
Respond," in Community and Capital in Conflict: Plant Closings and
Job Loss, ed. John C. Raines, Lenora E. Berson & David Mcl. Gracie
(Philadelphia: Temple University Press, 1982); Staughton Lynd, The Fight
against Shutdowns: Youngstown's Steel Mill Closings (San Pedro,
California: Singlejack Books, 1983).
(4.) Brecher & Costello, Building Bridges; Thomas Estabrook,
Labor-Environmental Coalitions: Lessons from a Louisiana Petrochemical
Region (Amityville, New York: Baywood, 2007).
(5.) Kenneth A. Gould, Tammy L. Lewis & J. Timmons Roberts,
"Blue-Green Coalitions: Constraints and Possibilities in the Post
9-11 Political Environment," Journal of World-System Research 10, 1
(2004): 90-116.
(6.) Stephanie Luce, "The U.S. Living Wage Movement: Building
Coalitions from the Local Level in a Global Economy," in Labor in
the New Urban Battlegrounds: Local Solidarity in a Global Economy, ed.
Lowell Turner & Daniel B. Cornfield (Ithaca: Cornell University
Press, 2007), 21-34; John Cartwright, "The Rise of Toronto's
Living Wage Campaign," Relay: A Socialist Project Review, no. 20
(November/December 2007): 32-34,
http://www.socialistproject.ca/relay/relay20.pdf.
(7.) Reynolds, ed., Partnering for Change; Marco Hauptmeier &
Lowell Turner, "Political Insiders and Social Activists: Coalition
Building in New York and Los Angeles," in Turner & Cornfield,
eds., Labor in the New Urban Battlegrounds, 129-145; Nari Rhee &
Julie Sadler, "Building an Inclusive City: Labor-Community
Coalitions and the Struggle for Urban Power in San Jose," in Turner
& Cornfield, eds., Labor in the New Urban Battlegrounds, 178-191.
(8.) Brian Obach, Labour and the Environmental Movement: Tlie Quest
for Common Ground (Cambridge, Massachusetts: MIT Press, 2004); Joseph
Glen Moore, "Two Struggles into One? Labour and Environmental
Movement Relations and the Challenge to Capitalist Forestry in British
Columbia, 1900-2000," PhD diss., McMaster University, 2002,
http://hdl.handle.net/11375/6194; James Nugent, "Changing the
Climate: Labour-Environmental Alliance-Forming in a Neoliberal
Era," MA thesis, University of Toronto, 2009,
http://hdl.handle.net/1807/18939.
(9.) Turner & Cornfield, eds., Labor in the New Urban
Battlegrounds; Ian MacDonald, ed., Unions and the City: Negotiating
Urban Change (Ithaca: Cornell University Press, 2017).
(10.) David Harvey, "Globalization and the 'Spatial
Fix,'" Geographische Revue 2 (2001): 23-30.
(11.) Andrew Herod, "From a Geography of Labor to a Labor
Geography: Labor's Spatial Fix and the Geography of
Capitalism," Antipode 29, 1 (1997): 1-31,
doi:10.1111/1467-8330.00033; Andrew Herod, Al Rainnie & Susan
McGrath-Champ, "Working Space: Why Incorporating the Geographical
Is Central to Theorizing Work and Employment Practices," Work,
Employment and Society 21, 2 (2007): 247-264,
doi:10.1177/0950017007076633.
(12.) James Nugent, "Struggling for Good Green Jobs in
Toronto's Deindustrializing Suburbs," in MacDonald, ed.,
Unions and the City, 189-218; Charles J. Whalen, "Social Unionism
in Western New York: The Case of the Economic Development Group,"
Labor Studies Journal 35, 4 (2010): 540-565,
doi:10.1177/0160449X10379645; Ron Applegate, "Organizing for
Equitable Economic Development: The Significance of Community
Empowerment Organizations for Unions," in Turner & Cornfield,
eds., Labor in the New Urban Battlegrounds, 53-72; Ian Greer, Barbara
Byrd & Lou Jean Fleron, "Two Paths to the High Road: The
Dynamics of Coalition Building in Seattle and Buffalo," in Turner
and Cornfield, eds., Labor in the New Urban Battlegrounds, 111-128.
(13.) Ian Thomas MacDonald, "Bargaining for Rights in Luxury
City: The Strategic Dilemmas of Organized Labor's Urban Turn,"
Labor Studies Journal 36, 2 (2011): 197-220,
doi:10.1177/0160449X11404075; Laura Wolf-Powers, "Community
Benefits Agreements and Local Government: A Review of Recent
Evidence," Journal of the American Planning Association 76, 2
(2010): 141-159, doi:10.1080/01944360903490923.
(14.) Bob Jessop, "On the Limits of The Limits to
Capital" Antipode 36, 3 (2004): 480-496,
doi:10.1111/j.1467-8330.2004.00427.x; Jim Glassman, "Primitive
Accumulation, Accumulation by Dispossession, Accumulation by
'Extra-Economic' Means," Progress in Human Geography 30,
5 (2006): 608-625, doi:10.1177/0309132506070172.
(15.) This paragraph draws on comments from an anonymous reviewer.
(16.) David Harvey, "The Right to the City," New Left
Review 2, 53 (2008): 23-40.
(17.) Mark Purcell, "Excavating Lefebvre: The Right to the
City and Its Urban Politics of the Inhabitant," Geojournal 58, 2/3
(2002): 99-108, doi:10.1023/B:GEJO.0000010829.62237.8f.
(18.) Purcell, "Excavating Lefebvre."
(19.) Mark Purcell, "Possible Worlds: Henri Lefebvre and the
Right to the City," Journal of Urban Affairs 36, 1 (2014): 141-154,
doi:10.1111/juaf.l2034.
(20.) Purcell, "Possible Worlds."
(21.) MacDonald, "Bargaining for Rights in Luxury City."
(22.) Lucero E. Herrera, Saba Waheed, Tia Koonse & Clarine
Ovando-Lacroux, Exploring Targeted Hire: An Assessment of Best Practices
in the Construction Industry (Los Angeles: UCLA Labor Center, March
2014), http://ccaucla-laborcenter.electricembers.net/wp-content/uploads/downloads/2014/04/Exploring-Targeted-Hire.pdf; Maria Figueroa, Jeff
Grabelsky & J. Ryan Lamare, "Community Workforce Agreements: A
Tool to Grow the Union Market and to Expand Access to Lifetime Careers
in the Unionized Building Trades," Labor Studies Journal 38, 1
(2013): 7-31, doi:10.1177/0160449X13490408.
(23.) Karen Peachey, "Building on Success: An Evaluation of
the Community Benefits Agreement for the Vancouver Olympic Village
Site," Building Opportunities with Business Inner City Society,
Vancouver, 22 June 2009; Laurie Monsebraaten, "Whither Welfare:
City Plays Matchmaker for Jobs and Job Seekers," Toronto Star, 8
April 2012, https://www.thestar.com/news/gta/2012/04/08/whither_welfare_city_plays_matchmaker_for_jobs_and_job_seekers.html; City of Toronto,
"Mayor Miller Officially Opens Youth Hub at 1652 Keele St.,"
media release, 30 April 2010,
http://wx.toronto.ca/inter/it/newsrel.nsf/05707e8b923fe35685256dde005a4472/c714f8168cllcfcl8525771500759ed3.
(24.) Linda Fox-Rogers & Enda Murphy, "From Brown
Envelopes to Community Benefits: The Co-Option of Planning Gain
Agreements under Deepening Neoliberalism," Geoforum 67 (2015):
41-50, doi:10.1016/j.geoforum.2015.09.015.
(25.) In Toronto, density-for-benefits agreements--referred to as
"Section 37 Agreements"--have commonly been negotiated between
high-rise developers and the City of Toronto since 1990. Aaron A. Moore,
"Decentralized Decision-Making and Urban Planning: A Case Study of
Density for Benefit Agreements in Toronto and Vancouver," Canadian
Public Administration 59, 3 (2016): 425-447, doi:10.1111/capa.l2179;
Peter Pantalone, "Density Bonusing and Development in Toronto,
Master of Environmental Studies major paper, York University, 2014,
http://yorkspace.library.yorku.ca/xmlui/handle/10315/30269.
(26.) Since 2005, the Carpenters' Union Local 27 has
collaborated with Toronto Community Housing to bring youth residents of
public housing into a twelve-week pre-apprenticeship program called
CHOICE. The billion-dollar public-private redevelopment of the Regent
Park public housing project set a goal for the developer, and commercial
tenants, to hire 10 per cent of their workforce from
"residents." Since 2007, this initiative has reportedly led to
600 jobs for local residents, with most jobs being in retail. Similarly,
in 2010, the City of Toronto collaborated with the Carpenters'
Union Local 27 to build a youth centre in a so-called Priority
Neighbourhood, creating apprenticeship opportunities for unemployed
youth living in the area. Toronto Community Housing Corporation, Getting
It Done: Real Change at Toronto Community Housing, 10 September 2015,
http://www.torontohousing.ca/residents/your-tenancy/Documents/Getting%20it%20Done%20report.pdf; City of Toronto, "Mayor Miller."
(27.) Suzanne E Mills, "Beyond the Blue and Green: The Need to
Consider Aboriginal Peoples' Relationships to Resource Development
in Labor-Environment Campaigns," Labor Studies Journal 36, 1
(2011): 104-121; Suzanne Mills & Brendan Sweeney, "Employment
Relations in the Neostaples Resource Economy: Impact Benefit Agreements
and Aboriginal Governance in Canada's Nickel Mining Industry,"
Studies in Political Economy 91, 1 (2013): 7-34; Figueroa, Grabelsky
& Lamare, "Community Workforce Agreements"; John Calvert
& Blair Redlin, "Achieving Public Policy Objectives through
Collective Agreements: The Project Agreement Model for Public
Construction in British Columbia's Transportation Sector,"
Just Labour 2 (2003): 1-13; Majorie Griffin Cohen & Kate Braid,
"The Road to Equity: Training Women and First Nations on the
Vancouver Island Highway--A Model for Large-Scale Construction
Projects," Canadian Centre for Policy Alternatives--BC Office,
Vancouver, August 2000,
http://www.policyalternatives.ca/sites/default/files/uploads/publications/BC_Office_Pubs/road_equity.pdf.
(28.) Wolf-Powers, "Community Benefits Agreements."
(29.) Murtaza Baxamusa, "Empowering Communities through
Deliberation: The Model of Community Benefits Agreements," Journal
of Planning Education and Research 27, 3 (2008): 261-276,
doi:10.1177/0739456X07308448; Patricia E. Salkin & Amy Lavine,
"Negotiating for Social Justice and the Promise of Community
Benefits Agreements: Case Studies of Current and Developing
Agreements," Journal of Affordable Housing & Community
Development Law 17, 1/2 (2007/2008): 113-144,
http://www.jstor.org/stable/25782806; Julian Gross, Greg LeRoy &
Madeline Janis-Aparicio, Community Benefits Agreements: Making
Development Projects Accountable (US: Good Jobs First / California
Partnership for Working Families, 2005),
http://www.goodjobsfirst.org/sites/default/files/docs/pdf/cba2005final.pdf.
(30.) Vicki Been, "Community Benefits Agreements: A New Local
Government Tool or Another Variation on the Exactions Theme?,"
University of Chicago Law Review 77, 1 (2010): 5-35,
doi:10.2307/40663024.
(31.) Salkin & Lavine, "Negotiating for Social
Justice"; Julian Gross, "Community Benefits Agreements:
Definitions, Values, and Legal Enforceability," Journal of
Affordable Housing & Community Development Law 17, 1/2 (2007/2008):
35-58, http://www.jstor.org/stable/25782803.
(32.) Steven Seigel, "Community Benefits Agreements in a Union
City: How the Structure of CBAS May Result in Inefficient, Unfair Land
Use Decisions," Student Legal History Papers, no. 28, Yale Law
School Legal Scholarship Repository, 2013,
http://digitaIcommons.law.yale.edu/student_legal_history_papers/28.
(33.) Wolf-Powers, "Community Benefits Agreements."
(34.) Virginia Parks & Dorian Warren, "The Politics and
Practice of Economic Justice: Community Benefits Agreements as Tactic of
the New Accountable Development Movement," Journal of Community
Practice 17, 1/2 (2009): 88-106, doi:10.1080/10705420902856225.
(35.) Parks & Warren, "Politics and Practice," 102.
(36.) David Harvey, "Militant Particularism and Global
Ambition: The Conceptual Politics of Place, Space, and Environment in
the Work of Raymond Williams," in Spaces of Capital: Towards a
Critical Geography (Edinburgh: Edinburgh University Press, 2001),
158-187.
(37.) MacDonald, "Bargaining for Rights in Luxury City."
(38.) Steven Tufts, "Labour and (Post)Industrial Policy in
Toronto," Relay: A Socialist Project Review, no. 23 (July-September
2008): 30-33, http://www.socialistproject.ca/relay/relay23_tufts.pdf.
(39.) Fox-Rogers & Murphy, "Brown Envelopes."
(40.) Fox-Rogers & Murphy, "Brown Envelopes," 44.
(41.) Carlo Fanelli, "The City of Toronto Fiscal Crisis:
Neoliberal Urbanism and the Reconsolidation of Class Power,"
Interdisciplinary Themes Journal 1, 1 (2009): 11-18.
(42.) Tim Hall & Phil Hubbard, "The Entrepreneurial City:
New Urban Politics, New Urban Geographies?," Progress in Human
Geography 20, 2 (1996): 153-174, doi:10.1177/030913259602000201.
(43.) Fox-Rogers & Murphy, "Brown Envelopes."
(44.) Tufts, "Labour and (Post)lndustrial Policy," 33.
(45.) These three reviews cover CBAS and PLAS negotiated in the
United States and Canada between 1998 and 2013. Figueroa, Grabelsky
& Lamare, "Community Workforce Agreements"; James Nugent,
"Study of Lessons Learned and Best Practices of Community Benefits
Agreements. Report #1: Initial Scan and Assessment of the
Literature" (unpublished report prepared for United Way Toronto,
June 2015); Herrera et al., Exploring Targeted Hire.
(46.) Matti Siemiatycki, "The Role of the Planning Scholar:
Research, Conflict, and Social Change," Journal of Planning
Education and Research 32, 2 (2012): 147-159,
doi:10.1177/0739456X12440729.
(47.) Patti Lather, "Research as Praxis," Harvard
Educational Review 56, 3 (1986): 257-278,
doi:10.17763/haer.56.3.bj2h231877069482.
(48.) Hilary Bradbury & Peter Reason, The SAGE Handbook of
Action Research: Participative Inquiry and Practice (Thousand Oaks,
California: SAGE, 2014).
(49.) Laurence Cox, "Scholarship and Activism: A Social
Movements Perspective," Studies in Social Justice 9, 1 (2015):
34-53.
(50.) James Patrick Nugent, "Ontario's Infrastructure
Boom: A Socioecological Fix for Air Pollution, Congestion, Jobs, and
Profits," Environment and Planning A 47,12 (2015): 2465-2484,
doi:10.1068/al40176p.
(51.) CNW [Canada Newswire], "Metrolinx Purchases Tunnel
Boring Machines for Eglinton Crosstown Light Rail Transit Project,"
Eglinton Crosstown, 28 July 2010,
http://thecrosstown.ca/news-media/whats-new/metrolinx-purchases-tunnel-boring-machines-for-eglinton-crosstown-light-rail.
(52.) Nugent, "Struggling for Good Green Jobs."
(53.) John David Hulchanski, The Three Cities within Toronto:
Income Polarization among Toronto's Neighbourhoods, 1970-2005
(Toronto: Cities Centre, University of Toronto, 2010),
http://www.urbancentre.utoronto.ca/pdfs/curp/tnrn/Three-Cities-Within-Toronto-2010-Final.pdf; Katharine N. Rankin & Heather McLean,
"Governing the Commercial Streets of the City: New Terrains of
Disinvestment and Gentrification in Toronto's Inner Suburbs,"
Antipode 47, 1 (2015): 216-239, doi:10.1111/anti.12096.
(54.) Statistics Canada, "Labour Force Survey Estimates Table
2820010 by National Occupational Classification for Statistics (NOC-S)
and Sex," 2015, accessed 18 July 2017,
http://www23.statcan.gc.ca/imdb/p2SV.p1?Function=getSurvey&SDDS=3701.
(55.) Marinka Menard, Cindy K. Y. Chan & Merv Walker,
"National Apprenticeship Survey: Ontario Overview Report
2007," Statistics Canada--Catalogue No. 81-598-X (Ottawa: Minister
of Industry, September 2008).
(56.) Those targeted by these programs are primarily racialized
youth, ages 18 to 26, living in low-income neighbourhoods and referred
by Toronto Employment and Social Services. Of the 154 apprentices that
had gone through Hammer Heads by 2014, 46 were previously on social
assistance; 10 were Aboriginal youth (including 2 residents of
Aboriginal shelters); 6 were youth registered with the Children's
Aid Society; 10 were residents of shelters; and 73 were residents of
Toronto Community Housing. Central Ontario Building Trades,
"Creating Career Opportunities and Apprenticeships for Youth:
Hammer Heads--It's Working," 14 May 2014, accessed 25 January
2016, http://www.cobtrades.com/hammerheads/presentation.pdf.
(57.) Jeffrey Reitz, Josh Curtis & Jennifer Elrick,
"Immigrant Skill Utilization: Trends and Policy Issues,"
Journal of International Migration and Integration 15, 1 (2014): 1-26,
doi:10.1007/S12134-012-0265-1.
(58.) Ontario Society of Professional Engineers, Crisis in
Ontario's Engineering Labour Market: Underemployment among
Ontario's Engineering-Degree Holders (Toronto: OSPE, January 2015),
https://www.ospe.on.ca/public/documents/advocacy/2015-crisis-in-engineering-Iabour-market.pdf.
(59.) Carola Frege, Edmund Heery & Lowell Turner, "The New
Solidarity? Trade Union Coalition-Building in Five Countries," in
Varieties of Unionism: Strategies for Union Revitalization in a
Globalizing Economy, ed. Carola Frege & John Kelly (Oxford: Oxford
University Press, 2004).
(60.) Cartwright, "Rise of Toronto's Living Wage
Campaign"; Toronto and York Region Labour Council, "Organizing
for Strength in Toronto's Diverse Communities," Executive
Board Statement, 3 October 2002.
(61.) Metrolinx & Toronto Community Benefits Network,
"Metrolinx Community Benefits Framework," 23 April 2014,
http://www.thecrosstown.ca/sites/default/files/metrolinx_
community_benefits_framework_0.pdf.
(62.) "Full version: Kathleen Wynne speaks at the [UNIFOR]
Good Jobs Summit," YouTube video, 29:14, posted by
"TheRyersonian," 4 October 2014,
https://www.youtube.com/watch?v=zJ_5VdxM2mY.
(63.) Bill 6, An Act to Enact the Infrastructure for Jobs and
Prosperity Act, 2015, 1st sess., 41st Legislature Ontario, 2015,
http://www.ontla.on.ca/bills/bills-files/41_Parliament/Sessionl/b006ra.pdf. The Toronto Community Benefits Network also inspired a similar bill
federally, which is currently under debate in committee: Bill C-227, An
Act to Amend the Department of Public Works and Government Services Act
(community benefit).
(64.) H. G. Watson, "Chow, Wynne, in Favour of Community
Benefit Agreements," Rabble News, 6 October 2014,
http://rabble.ca/news/2014/10/chow-wynne-favour-community-benefit-agreements; Coun. Kristyn Wong-Tarn to Mayor John Tory, "Community
Benefits Agreements (CBAS)," 6 April 2015,
http://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78810.pdf.
(65.) Tess Kalinowski, "Metrolinx Construction Leaves a Bad
Taste in Weston," Toronto Star, 16 August 2013,
https://www.thestar.com/news/gta/2013/08/16/metrolinx_construction_leaves_a_bad_taste_in_weston.html.
(66.) The precursor coalition to the Network, called the Mount
Dennis Weston Network (MDWN), was based in one of the neighbourhoods
along the rail corridor. The MDWN first fought developers over their
proposal to rezone industrial lands and build a big-box retail store.
The MDWN later advocated for a CBA linked to the construction of a
maintenance and storage facility at the same site that would service the
Eglinton Crosstown LRT. The MDWN scaled up organizationally into the
Network, developing demands for a CBA covering the entire Crosstown
project. Nugent, "Struggling for Good Green Jobs."
(67.) Urban Alliance on Race Relations, "City's Summer of
Violence Calls for Community-Based Solutions," editorial, Toronto
Star, 3 August 2012,
https://www.thestar.com/opinion/editorialopinion/2012/08/03/citys_summer_of__violence_calls_for_communitybased_solutions.html; Yafet Tewelde
& Lekan Olawoye, From Analysis to Action: A Collective Approach to
Eliminate Youth Violence (report prepared for the Youth Anti-Violence
Task Force, Toronto, 4 November 2013),
http://www.yorku.ca/act/reports/ReducingYouthViolence.pdf.
(68.) James Nugent, "Building Opportunities through Community
Benefits Agreements: Leveraging Infrastructure Projects to Increase
Training and Labour Market Access for Equity-Seeking and Historically
Disadvantaged Groups in Ontario" (unpublished report funded by the
Ontario Human Capital Research and Innovation Fund, March 2014).
(69.) Metrolinx, "Excerpt of Metrolinx Request for Proposal
for the Eglinton Crosstown Project (Clauses 1.1 & 20.15),"
April 2014.
(70.) The Apprenticeship Plan and the Community Benefits and
Liaison Plan developed by Crosslinx Transit Solutions are both available
online; see "Community Benefits," Eglinton Crosstown, accessed
24 February 2017, http://www.thecrosstown.ca/community-benefits.
(71.) "Declaration re. Apprentices on the Eglinton Crosstown
LRT Project," Metrolinx, The Eglinton Crosstown Light Rail Transit
Program, signed 8 November 2016,
http://www.thecrosstown.ca/sites/default/files/crosstown_apprenticeship_declaration_signed.pdf.
(72.) Employment and Social Development Canada, Employment Equity
Act: Annual Report 2016 (Ottawa 2016),
https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/employment-equity-2016.html.
(73.) Ontario, Office of the Premier, "Ontario Helping People
Facing Employment Barriers Get Construction Jobs," media release, 7
December 2016, https://news.ontario.ca/opo/en/2016/12/ontario-helping-people-facing-employment-barriers-get-construction-jobs.html.
(74.) Statistics Canada, "Immigration and Ethnocultural
Diversity in Canada: National Household Survey, 2011," Catalogue
No. 99-010-X2011001 (Ottawa: Minister of Industry, 2013),
http://wwwl2.statcan.gc.ca/nhs-enm/20U/as-sa/99-010-x/99-010-x2011001-eng.pdf.
(75.) The $500 billion worth of tunnelling contracts for the
Crosstown, with work beginning in 2013, were not subject to any
community benefits negotiations or programs.
(76.) "Eglinton Crosstown LRT," Metrolinx, accessed 1
March 2017, http://www.metrolinx.com/en/projectsandprograms/transitexpansionprojects/crosstown.aspx.
(77.) At the time of writing, construction is still in its first
phase. Although time remains for the Network to pressure Metrolinx and
Crosslinx Transit Solutions for better outcomes, Crosslinx is
contractually obliged to fulfill only the vague requirements for
community benefits stipulated in the RFP (see Table 1).
(78.) The Network's leadership feared that publicly
criticizing the government about employment equity would have sparked a
right-wing political backlash in the media--as had been mobilized by
Ontario neoconservatives in the 1990s to elect the Progressive
Conservatives under Premier Mike Harris. For this reason, even internal
documents of the Network never included the phrase "employment
equity," or "affirmative action." Abigail Bakan &
Audrey Kobayashi, "Affirmative Action and Employment Equity:
Policy, Ideology, and Backlash in Canadian Context," Studies in
Political Economy 79, 1 (2007): 145-166.
(79.) Ben Spurr, "Will Crosstown LRT Builders Keep Their Local
Jobs Pledge?," Toronto Star, 26 September 2016,
https://www.thestar.com/news/gta/2016/09/26/will-crosstown-lrt-builders-keep-their-local-jobs-pledge.html.
(80.) A summary of each of these meetings can be found on the
Anti-Poverty Community Organizing and Learning (APCOL) website, under
the titles "Family Day in Mount Dennis," "Interactive
Panel Discusses 'Community Benefits' in Mount Dennis,"
and "Toronto Community Benefits Network Launches First City-Wide
Meeting, January 24, 2014" (all were written by James Nugent):
http://www.oise.utoronto.ca/apcol/Case_Studies/Mount_Dennis_-_CBA/index.html.
(81.) Jane McAlevey with Bob Ostertag, Raising Expectations (and
Raising Hell): My Decade Fighting for the Labor Movement (London: Verso,
2012).
(82.) McAlevey, Raising Expectations.
(83.) Representatives from the Carpenters' Union (Local 27)
and the International Brotherhood of Electrical Workers (IBEW Local 353)
joined the Network in its early stages and were later joined by
representatives from the Ironworkers (Local 721), the Sheet Metal
Workers (Local 30), and the Labourers' Union (Local 506).
(84.) Nugent, "Ontario's Infrastructure Boom."
(85.) A random sampling of 185 PLAS in the US (signed between 1995
and 2010) identified 100 PLAS with provisions for hiring women or
visible minorities. Figueroa, Grabelsky & Lamare, "Community
Workforce Agreements."
(86.) The president of the Labour Council was aware of and
sensitive to the internal politics of the building and construction
trade unions, being a carpenter by trade and formerly the business
manager of the Construction Trades Council.
(87.) When the Network first formed, unemployment was low within
Toronto's construction sector, but by 2015 some apprenticeship
intakes were being cancelled due to rising unemployment.
(88.) Cohen & Braid, The Road to Equity; Calvert & Redlin,
"Achieving Public Policy Objectives."
(89.) Progressive Conservative Party of Ontario, "Paths to
Prosperity: Flexible Labour Markets," Ontario PC Caucus White
Paper, June 2012, http://pettapiece.ca/wp-content/uploads/2012/12/PtP-Flexible-Labour-Markets.pdf.
(90.) Toronto Transit Commission, "Open Shop
Contracting," report, 27 March 2013,
https://www.ttc.ca/About_the_TTC/Commission_reports_and_information/Commission_meetings/2013/March_27/Reports/Open_Shop_Contractin.pdf.
(91.) See Tufts & Thomas this issue.
(92.) Progressive Conservative Party of Ontario, "Paths to
Prosperity."
(93.) "Working Canadians TV Ad--More, More, MORE,"
YouTube video, 0:30, posted by "Working Canadians," 4 June
2014, https://www.youtube.com/watch?v=tv-tRB5ImHQ#t=19.
(94.) Stewart Trew, The CETA Deception: How the Harper
Government's Public Relations Campaign Misrepresents the
Canada-European Union Comprehensive Economic and Trade Agreement
(Ottawa: Council of Canadians, 17 July 2012),
https://canadians.org/sites/default/files/publications/CETADeceptionreport-finaljuly2012.pdf.
(95.) Antonella Artuso, "Construction Union Vows to Fight
Ontario College of Trades," Toronto Sun, 26 March 2014,
http://www.torontosun.com/2014/03/26/construction-union-vows-to-fight-ontario-college-of-trades; Ontario, Ministry of Advanced Education and
Skills Development, "Ontario Allocates $36 Million to Help
Apprentices Become Ready to Work," media release, 3 February 2016,
https://news.ontario.ca/maesd/en/2016/02/ontario-allocates-36-million-to-help-apprentices-become-ready-to-work.html.
(96.) MacDonald, "Bargaining for Rights in Luxury City."
(97.) I draw on Gavin Fridell's critique of public
institutions using fair trade coffee as an "ethical fig leaf"
to mask their support of a neoliberal agenda. Fridell, "The Fair
Trade Network in Historical Perspective," Canadian Journal of
Development Studies / Revue Canadienne D'etudes Du Developpement
25, 3 (2004): 424, doi:10.1080/02255189.2004.9668986.
(98.) See also Carol Agocs, ed., Employment Equity in Canada: The
Legacy of the Ahella Report (Toronto: University of Toronto Press,
2014); Bakan & Kobayashi, "Affirmative Action"; Rosemary
A. McGowan & Eddy S. Ng, "Employment Equity in Canada: Making
Sense of Employee Discourses of Misunderstanding, Resistance, and
Support," Canadian Public Administration 59, 2 (2016): 310-329,
doi:10.1111/capa.l2171.
(99.) Bill Fletcher & Fernando Gapasin, Solidarity Divided: The
Crisis in Organized Labor and a New Path toward Social Justice
(Berkeley: University of California Press, 2009).
(100.) In California, organizing for CBAS has helped deepen the
relationship between unions and community groups, which has moved
organizing beyond project-by-project CBAS and toward winning city-wide
ordinances that mandate targeted hiring policies for public works
agencies. Herrera et al., Exploring Targeted Hire.
Table 1: Comparison of CBA proposed by the Network and the Community
Benefits Framework and RFP clauses agreed to by Metrolinx
CBA factor for success Network's CBA Community benefits
proposals (*) framework
(signed by Metrolinx
23 April 2014)
Inclusive definition --comprehensive: --defined only as
of targeted groups "historically "historically
disadvantaged disadvantaged
communities communities
and equity seeking and equity seeking
groups... residents groups"
in low income
neighbourhoods,
including Priority
Neighbourhoods;
urban Aboriginal
populations; within
racialized and
newcomer communities;
and people
with disabilities as
well as youth and
women who are
disadvantaged."
Training & --specific targets for --no targets or
employment expanding union specific programs
programs pre-apprenticeship identified
programs: 100% of --"timely"
new apprentices to be notification
hired from targeted of PAT job
groups openings within
-jobs pipeline for Metrolinx
immigrants with --Metrolinx will
international approve and
credentials in enforce
PAT sectors apprenticeship
plan proposed
by Project Co (**)
CBA factor for success Community benefits
clauses in Metrolinx
RFP
(December 2013)
Inclusive definition - defined for
of targeted groups apprenticeship
program only:
"youth-at-risk,
historically
disadvantaged
groups in local
communities including
low-income, racialized
and immigrant
populations, and
military
veterans"
Training & --Apprenticeship
employment Plan & Program to be
programs developed by Project
Co for hiring targeted
groups, apprenticeship
completion,
ensuring supply of
each trade
--Project Co must
develop Community
Benefits & Liaison
Plan to "enhance
community awareness" of
employment opportunities,
liaise with local
workforce agencies
- no program
stipulated for
PAT jobs
Notes: (*) based on seven negotiation meetings between Metrolinx and
the Network that the author participated in, a draft CBA given to
Metrolinx by the Network, and a presentation given to bidding consortia
by the Network; (**) "Project Co" referred to whichever construction
consortium would go on to win the Crosstown LRT contract (i.e.,
Crosslinx).
Social procurement --mandatory use of --Metrolinx will
social enterprises approve and enforce
(minimum dollar social procurement
amount to be plan proposed by
negotiated) Project Co
--specific social
enterprises already
identified (e.g.,
catering, printing,
security)
--use of smaller
tenders aimed at small
businesses
Legal mechanism for --hard and soft targets --none
preferential access --first source hiring
policy
Community-based, --targeted outreach --targeted outreach
culturally by Network by Network, with
appropriate financial support of
outreach provincial government
(Ministry of
Training, Colleges, and
Universities)
Wrap-around --inclusive training --Network to provide
supports strategy within mentorship to targeted
workplaces to address groups in
sexism and racism apprenticeship programs
--Network will provide (no funding
job coaches and from Metrolinx
employment retention committed)
support services
to apprenticeship
program participants
--coordination of
social agencies to
support participants
Dedicated resources --dedicated --dedicated coordinator
coordinator hired by Metrolinx
--Metrolinx to --Ontario government
pay Network for will provide funds for
facilitating targeted targeted recruitment
recruitment and and analysis of
pre-employment work-force development
training model
Monitoring --clear training and --Metrolinx to host
hiring targets regular meetings with
--minimum quarterly Community Benefits
reporting Working Group
--comprehensive CBA
oversight committee
proposed
Enforcement --legally binding --not legally binding
agreement between
Network, Metrolinx,
and Project Co
Broader --intensified economic --Network "may also
environmental development on LRT be invited to
& land-use maintenance and participate" in
considerations storage facility site discussions on
--affordable housing development of
built on any surplus Metrolinx-owned property
land used during --LRT maintenance and
construction storage facilities to be
--maximized LEED gold or silver
environmental design
Social procurement --not specified
--Project Co must
provide plan to
"enhance community
awareness"
procurement
opportunities
Legal mechanism for --none
preferential access
Community-based, --not specified
culturally --Project Co must
appropriate provide plan to
outreach "enhance community
awareness"
of employment
and procurement
opportunities
Wrap-around --none
supports
Dedicated resources --Project Co must
identify liaison person
or team
Monitoring --annual report by
Project Co on plan's
implementation
--monthly statistic
of apprentice-to-journeyperson
ratio
--Apprenticeship Plan,
Community Benefits
& Liaison Plans to be
public documents
Enforcement --legally binding
agreement between
Project Co and
Metrolinx on RFP
clauses only
Broader --none (conditions
environmental might be laid out in
& land-use other, confidential
considerations sections of RFP)
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