Organizing notes from the CFU

Michael OReilly*, the interim president of the Canadian Freelance Union (CFU), has responded to some questions raised on the Toronto Freelance Editors and Writers list about the inclusiveness and intentions of the proposed union, still in its formative stage. Freelancer Andrew Clark had some questions about the Southern Ontario Newspaper Guild (SONG) organizing its own freelance union and also about whether the CFU's goals was antithetical to young hopefuls who work for nothing want to "break in" to the business:

Two things of note in OReilly's response:

• that the Southern Ontario Newspaper Guild (SONG) is trying to put "inclusive language" in its contracts, mostly with the major newspapers, that would require freelancers working for them to be members of CFU and
• that there is "no restriction on who can work" and getting an assignment somehow "automatically puts you in the union"
  

I'm sure that those may surprise and puzzle some freelancers who may be sympathetic to the cause of higher fees, but wary and have yet to commit by paying their $25 to help the union reach its goal of a formative annual meeting sometime this fall.

Here's what OReilly wrote:

First off, SONG is not trying to start a freelance union. They are trying to introduce positive freelance language into their existing collective agreements. One key part of this is to ensure that all freelancers must be CFU members. Getting this accomplished would be a key step since it would get us to the bargaining table.

The CFU is not envisioned as a closed organization. Quite the contrary. My vision -- the one being pursued -- is to have the CFU open to every working freelancer. The model is similar to what already happens at the CBC (which is unionized). There is no restriction on who can work. Getting an assignment automatically puts you into the union. Criteria for union membership is working as a freelancer. There is no "shutting out" of anyone, nor is there any attempt to define who is qualified. You qualify by doing.

As for the question of untried writers having to give away their stuff to "break in," this is a crock. As a freelancer, if you have a good story that is right for the market, and you prove (through the query/pitch process) that you can research and write, then you get the assignment. It may be reasonable for an editor AND writer to test out their relationship with a couple of smaller front-of-book items, but the idea that a budding freelancer must expect to get paid shit so they can "build their portfolio" is ridiculous. If it's a good story, done professionally, then it is worth paying for -- every time.

*Yes, he has no apostrophe

Canadian Freelance Union to hold inaugural meeting October 3

The quiescent Canadian Freelance Union is apparently rumbling to life. In a bulletin to members, interim president Michael OReilly says that the inaugural meeting of members will be held October 3, with a number of physical sites and electronic links for other places. A draft set of bylaws have been put together by members of the interim executive and interested CFU members and will soon be available via the CFU's online web forum for a full discussion and editing.

OReilly says that the new union has a 3-year commitment of funding and support from the Communications, Energy and Paperworkers Union.

He also announced that long-suffering charter members, some of whom signed up to show their interest as long as three years ago (the CFU was first announced in August 2005), will receive a discount on the first year of dues. Normal dues will be $125; charter members will pay $100 for the first year.

Among the member benefits detailed in the memo are:

• A contract advice service to help members interpret and understand what they are signing.
• A formal contract support to help members deal with disputes over payment, rights usage or other problems.
• A "Red Flag" service to warn members about unscrupulous engagers.
• A basic benefits plan (details to follow).
• Access to full benefits packages at rates far lower than would normally be possible (leveraging linkages to the CEP)
• A hiring hall which will link members to work, and work to members.
• Use of the CFU bug (following our inaugural meeting).
• The start of efforts to negotiate better freelance contracts from some of the country's largest publishers such as Quebecor, Transcontinental, Canwest, Rogers, etc.
• A web forum (which at the time of writing had not posted the member bulletin

Related posts:

• Canadian Freelance Union: a lamentably long time coming
• Organizing notes from the CFU
• Freelance union getting organized
• Freelance union holds information meeting

We're strictly about the money, says freelance union

There's been a bit of grumbling of late about the time it is taking for the Canadian Freelancer's Union to get airborne. A comment by freelancer David Hayes on the Toronto Freelance Editors and Writers list about the example provided by the National Writers's Union in the U.S. prompted CFU President Michael OReilly to respond that the NWU was a pre-existing writer's organization which affiliated itself with a trade union (the United Auto Workers)to get financial support for an action against the New York Times.

The main difference...is that the CFU is starting off as a labour union. We are not trying to meld the sometimes disparate interests of a professional association with a labour union. The CFU is cleanly focused on the money. The existing groups (like EAC, TWUC, PWAC, CAPIC, etc.) are there to handle the other stuff.

Formation of the Canadian Freelance Union was announced in August 2005 and a couple of information sessions have been held since. It's reported that about 400 people have signed up. See earlier posts.

The CFU Toronto chapter is holding another information session on Wednesday June 20 at 7 p.m. at the Southern Ontario Newspaper Guild Offices 1253 Queen St. East at Leslie St. Guest speaker will be Jonathan Ahee of the CEP NABET 700 Toronto Film Local who will talk about how unionization works in Toronto's movie industry.

Freelance union gets a Facebook page

Perhaps it is a sign that something is going to happen, at long last, on the Canadian Freelance Union front. The CFU now has a Facebook page, administered by Michael OReilly, the CFU president and Jessica Johnston, the editor of This Magazine.

So far 22 "friends" have signed up, though the fledgling organization says it has more than 400 members. The CFU has been collecting preliminary memberships at $25 each and is saying that the long-delayed first annual general meeting will be happening soon. For background, see previous posts.

Freelancer's union getting organized

The Canadian Freelance Union (CFU), launched with ambitious hopes and minimal fanfare a year and a half ago, has now signed up about 350 people and is hoping to launch a newsletter and hold an inaugural convention this spring or summer. (See earlier posts here and here.) This, according to a note published on the Toronto Freelancers and Editors list from Michael O'Reilly, the president.

Along with the basic logistics of creating some structure for this thing I have also been working hard with a number of members to fight this new Quebecor (Sun Media) freelance contract. We are building a collective response to it, and trying to get Quebecor to the negotiating table. I hope to unveil a campaign (with funding!) so we can fight this thing.

We have also been working on ways to start delivering real services to members. This will include a dispute mechanism to help members deal with contract problems, and a series of benefits options (health, dental, disability).

The CFU has also been working with other groups to create an effective Status of the Artist legislation in Ontario.

Freelance union members number 400, says organizer

The Canadian Freelance Union drive may be coming to life, though the sign up so far is about 400, according to the key organizer. That's not much more than the union was claiming in February. During an exchange on the Toronto Freelance Editors and Writers (TFEW) listserv, Michael OReilly admits that he has been disappointed by the uptake.

My greatest fear in all this is that the market is right; that freelancers really do deserve to make $24,000 per year (on average). The lacklustre response to the CFU membership drive, added to my past 15 years experience of fighting for the rights of writers, lead my to the occasional dark night of the soul where I wonder if "they" are correct. If freelancers are so unwilling to fight for their rights, then perhaps the market really is right.

Ah well, back to the trenches...

OReilly said he hoped to make some announcements soon, including about a benefits package (that is affordable and real), a member advocacy service, a hiring hall, and an inaugural conference. Freelancers can sign up for $25, which is put in escrow pending the official launch.

Here are a series of earlier posts about the CFU.

Transcon being pressed by industry reps to change proposed freelance contract

The contentious new "master" agreement that Transcontinental Media is attempting to force all freelance writers to sign has resulted in a meeting with Transcon senior executives. While the meeting itself did not resolve the issue, it may eventually lead to a reconsideration or renegotiation of the terms of the agreement.

Derek Finkle of the Canadian Writers Group, David Johnston, the executive director of the Professional Writers Association of Canada (PWAC) and Derek's lawyer Iain McKinnon, met on July 16th with senior executives at Transcontinental Media to express the writing communities concerns and dismay regarding their new contract.

According to a bulletin sent to PWAC members:

The Transcontinental representatives asserted that the permanence of the agreement and the granting of copyright, albeit non-exclusive, would not have any impact on a writer's ability to earn a living. We, along with our legal representative, expressed strong disagreement. The Transcon VPs suggested this was an issue to be raised with their lawyers in Montreal. Derek and I, in consultation with Iain McKinnon and Michael Levine of Goodmans LP and Westwood Creative Artists will be attempting to renegotiate the terms of the agreement next week.

PWAC and Finkle's agency, the Canadian Writers Group, have gathered the support of the following agencies and organizations to encourage their writers not to sign Transcontinental's Master Agreement:

• Canadian Freelance Union (CFU)
• The Cooke Agency
• Federation of BC Writers
• Quebec Writers Federation
• Saskatchewan Writers Guild
• Westwood Creative Artists
• Writers Alliance of Newfoundland and Labrador
• Writers Federation of New Brunswick
• Writers Federation of Nova Scotia
• Writers Union of Canada

Related posts:

• Freelancers dismayed by Transcon's new "take it or leave it" contract

The four worst things a writer can hear

Freelance writer David Hayes, wrote an entry in the Toronto Freelance Editors and Writers listserv called  Four Worst Things a Writer Can Hear. Here they are, slightly edited:

• PAY ON PUBLICATION: Articles get bumped to future issues for all kinds of reasons (the mix worked better by moving your piece to a future issue; fewer ads than expected shrunk space in the issue your piece was scheduled) that have nothing to do with the quality of the writer’s work. Yet the writer is kept waiting. And try telling the bank (mortgage or personal loan), landlord or credit card company that your payment has been delayed so you’ll be paying your bill later. 
• EXPOSURE: As in, “We don’t pay, but we can provide you with valuable exposure.” Here’s a simple test: who wrote the cover stories in last month’s Reader’s Digest, The Walrus, Toronto Life & Maclean’s? Can you come up with more than one name? And we’re in the business. 
• ON SPEC: If you’ve written a detailed, well-researched & well-written query, why isn’t that more than enough evidence that you can write the story?
• ALL RIGHTS: (Or some variation on this wording.) On its web site, the American Society of Journalists and Authors (ASJA) is succinct on the subject: “If publishers want additional rights beyond first print rights -- exclusive or non-exclusive -- they should pay for them. If publishers want "all rights," they should pay a substantial premium or be willing to share with the author any additional income they get from sublicensing.” That’s the position held by PWAC, the CFU, Derek Finkle’s Canadian Writers Group & smart writers everywhere. That’s not the position held by most media organizations, large & small. It’s probably the main ongoing source of stress for us all.  

One other member of the list added the phrase "It's good, but..."

Canadian Freelance Union announces Toronto meeting

The Canadian Freelance Union is holding a meeting this coming Friday, September 11 at 7 p.m. in Toronto; a sort of preliminary to the formal, inaugural meeting of members next month.

That formal inaugural meeting is scheduled for October 3 and -- to be done virtually, using webcast and online forums -- will be when the charter members elect the union's first national executive and pass the bylaws.

The Toronto pre-meeting on Friday is at 1253 Queen Street East (Southern Ontario Newspaper Guild office and interim president Michael OReilly says

"If you're a Charter Member, would like to become one ($25), or are just curious, this is your chance to hear what we've been doing and what we have planned. I'll be presenting detailed info about the various services we've got in place (contract support/mediation service, benefits packages, access to the new Artist Credit Union, hiring hall), and discussing future plans."

Related posts:

• Canadian Freelance Union to hold inaugural meeting October 3
• Organizing notes from the CFU
• Freelance union holds information meeting
• We're strictly about the money says freelance union

Heather Robertson memorial gathering this Sunday in Toronto

Friends and admirers of magazine writer and author Heather Robertson will want to attend the memorial gathering for her this Sunday in Toronto. It's in the Music Room of Hart House, University of Toronto, Sunday April 27 at 2 p.m.

The event is being arranged by Heather's longtime friends and colleagues, Elaine Dewar and Erna Paris in cooperation with Heather's husband Andrew Marshall. 

Representatives of The Writers’ Union of Canada (TWUC), the Professional Writers Association of Canada (PWAC). and the Canadian Freelance Union (CFU) will be present. If you plan to attend, RSVP to The Writers'Union.

Related post:

• Writer Heather Robertson, who championed copyrights of her freelance colleagues, dies at 72

Canadian Media Guild seeking liftoff for freelance branch

The Canadian Media Guild has, at last, created CMG Freelance, a voluntary freelance
branch (as distinguished from freelancers who work under omnibus contracts such as with the CBC). Accommodating and meeting the priorities of freelancers is something CMG has been pondering for some time. It said in a recent posting on Story Board:

"We’ve concentrated on figuring out how we, as a union, can adapt to the growing self-employed workforce that deals with multiple engagers, and provide practical and effective supports to individuals and groups."

What they've come up with is a voluntary membership of $150 a year, by which all freelance writers, journalists, consultants and self-employed workers in all media, creative, communications, IT and knowledge sectors may be represented and have services provided to them. These services include a dedicated website, educational workshops, a member directory, savings on smart phone plans, credit card and insurance rates and an affordable group health plan. They are working on creating "contracts that mean what they say...and say what they mean". The project has been guided by organizer Datejie Green since last September.

The CMG, which is a local of CWA/SCA Canada, a division of the Communications Workers of America,  represents 6,000 workers in the Canadian Broadcasting Corporation/Société Radio-Canada (CBC/SRC), The Canadian Press, Reuters, Agence France-Presse (AFP), TVO, TFO, the Aboriginal Peoples Television Network (aptn), ZoomerMedia, Shaw Media and CKOI Radio Gatineau (Québec). And, now, media freelancers.

"It’s increasingly clear that this type of membership will be a major aspect of the union movement in the future as we seek to also represent workers who do not have permanent ongoing jobs," says the CMG.  "A growing amount of media work is being done independently by freelancers or in workplaces that are too small for a traditional bargaining unit structure.  

There continues to be a Canadian Freelance Union, which is a chapter of the mega-union Unifor (formed last fall by the merger of the Canadian Auto Workers and the Communications, Energy and Paperworkers Unions. Originally under the auspices of the CEP, the CFU has long had many of the same organizing goals as the CMG, including representing new groups of workers -- the growing numbers of individuals in media (and other sectors) who work on contract or freelance.

Related posts:

• Canadian Media Guild and Canadian Writers Group align to represent freelancers
• Freelancer reaches settlement with Rogers over posting of peanut allergy story
• Canadian Freelance Union announces Toronto meeting
• Canadian Media Guild slams Citizen's moral rights grab in freelance contracts
• Canadian Freelance Union to hold inaugural meeting October 3
• Canadian Freelance Union: a lamentably long time coming

Canadian Freelance Union: a lamentably long time coming

It was more than two years ago (August 2005) that the first word of the launch of the Canadian Freelance Union was heard about, under the auspices of the Communications, Energy and Paperworkers Union of Canada, the country's largest media union with 25,000 members.

Since then, there have been a series of information meetings and repeated promises that the founding, annual general meeting of the union was imminent. A lot of hope was placed in the idea precisely because of the clout of the parent union. But after all this time, those who anted up their provisional fees may now be wondering if anything is ever going to happen.

In early September, I wrote to Michael OReilly, the president of the union, asking what was happening and he said:

We're still growing, and we're still working on a number of issues to put more meat on the CFU bones. This includes benefits, contract services, and advocacy. We're still trying to get to the negotiating table at any of the major newspaper publishers. All have revised the standard freelance contracts in the past 6 months, making them more onerous and ugly. Just when I think it can't get worse, the next version comes out at proves me wrong.

Yes, the AGM is still on the horizon. I may have more information on that soon -- we're looking for a university partner since we want to make it a real symposium on freelance issues. There are a few possibilities bubbling. I'll let you know as soon as I can, but I am hoping for sooner rather than later.

This union has been simmering for far too long, without coming to a boil.

PWAC urges freelancers to shun deal with London Free Press

In what may be a significant marker along the road to asserting freelancer's rights, the Professional Writers Association of Canada and the fledgling Canadian Freelancer's Union are urging freelancers in London, Ont. not to sign contracts with Sun Media/Quebecor's London Free Press.

The new contracts, with a deadline of December 11, apparently make any further work with the paper contingent on signing away all residual and secondary rights to material sold to the paper, without additional payment.

“We feel this contract, and the manner in which it was presented, compromises the basic rights of Canadian writers under the Copyright Act, and is just bad-faith business negotiation,” says PWAC President, and London freelancer Suzanne Boles in a release. “The contract we’ve seen demands irrevocable, perpetual, worldwide rights to a freelancer’s work, with no extra remuneration for these extra uses.”

PWAC is recommending that local writers do not sign this new contract. “It makes terrible business sense for writers to work under these conditions,” says PWAC Executive Director, John Degen. “The agreement makes a show of granting writers continued ownership of the copyright for their work, and then systematically strips away every one of those rights, including moral rights, while offering nothing more in compensation. It is against the very spirit of copyright and cultural production in this country.“

UPDATE The Canadian Freelancers Union has issued a statement that says:

"Quebecor is one of Canada's largest media giants. It has revenue of over $6.3 billion worldwide, yet it wants to squeeze even more from some of Canada's lowest paid workers," says (CFU President Michael] OReilly. "This is the most one-sided contract I have seen. It takes everything and leaves the writers with nothing but the legal liability should someone decide to sue. We are advising freelancers not to sign.

Nice, you won't have to change the monogram

The official rebranding of the Periodical Writers Association of Canada (PWAC) to the Professional Writers Association of Canada (PWAC) comes next May, but the association is rolling it out already and urging its members to use the new name wherever and whenever.

This still doesn't make PWAC a trade union with all that entails, but interestingly it has signed a letter of agreement with the the Communications, Energy and Paperworkers Union of Canada (CEP) and its new Canadian Freelance Union (CFU) . The two organizations will pursue projects of mutual interest.