CAMBRIDGE, Ont. — As Challenger Motor Freight’s Montreal-based workers enjoy their company Christmas party today, more than a few will undoubtedly be huddled up, discussing the labor standoff unfolding at the fleet behind the scenes.

Teamsters Canada has launched a campaign to organize group drivers and owner-operators at Challenger Motor Freight, Elgin Motor Freight, and Lodwick Transport.

Teamsters President Robert Bouvier claims the union began organizing non-office workers after receiving calls from some Challenger employees who had "enough of their employer’s arbitrary decisions" and "undue pressure."

Non-monetary and work organization clauses are said to be at the heart of the dispute, such as "forced dispatch, seniority (issues), and switch (shifts)."

Drivers of the three carriers also allege they have not received a pay increase since 2003.

The union drive apparently originated weeks ago at a Quebec terminal. It has since grown into a national campaign, affecting about 1,500 Challenger workers across Canada.

"The success of a trucking company is not built in the offices of top management, but rather on board its trucks," Bouvier said in a statement.

Challenger President Dan Einwechter, once an independent driver himself, seemed genuinely surprised the campaign was officially in full swing when contacted by todaystrucking.com. Asked for a response, he said he has little doubt the large majority of his workforce is content. 

Precedent points to an uphill battle in keeping Challenger
drivers and owner-ops out of Canadian union hands.

"I personally believe that it’s unfortunate that the actions of a few can negatively impact so many and create negative energy," he told us. "In my 35 years in business from the time I started with one truck until now, all our employees have been in the forefront in my mind and dramatically affected my decisions.

"With that in mind, we have never maximized our returns and always considered our employees a priority. It’s at the core of what we are."

He adds that all that is partly evidenced by several safety and business accolades the company has received over the years, including reaching Platinum Member status on the 50 Best Managed Canadian companies list.

Stephane Lacroix, director of communications for Teamsters Canada, couldn’t say how many drivers the union has signed up to date, but said that there has been "a lot" interest.

In an interview with todaystrucking.com, he confirms what we learned earlier today — that the union drive is targeting Challenger’s company drivers and its minority pool of contracted drivers as well. "We will do everything in our power to make sure owner-operators are included in our bargaining union," he said, adding that Teamsters lawyers are already working on such strategies.

The attempt, a source says, is partly inspired by the Teamsters’ aggressive campaign to change the labor classification rules in the U.S. that govern FedEx. The move would cause a staffing earthquake by allowing FedEx drivers, including independent operators, to be unionized much like rival UPS Teamster drivers are.

But, as more than a few Canadian carriers are aware, there’s plenty of precedent already in Canada that makes it possible for unions to organize non-employee drivers.

In cases involving fleets like Mackie Moving Systems and Verspeeten Cartage, the Canada Industrial Relations Board certified unions to collectively bargain for owner-ops (whether the truckers wanted it or not). Officials justified their decisions by explaining that the independent drivers could be considered de-facto employees because the carrier exercised a certain level of day-to-day control.

In Vancouver, independent drayage haulers were organized by the Teamsters and, as a way to end a six-week work stoppage at the Port of Vancouver in 2005, their carrier companies were ordered by the government to pay them union-style rates and collective surcharges.

More recently, the Ontario Labour Relations Board (OLRB) echoed the CIRB when it applied the same logic for the first time under the Ontario ruling for the purposes of the Labour Relations Act.

Criteria that is used to determine who is the "true employer" of a independent worker or agency driver is sometimes quite arbitrary. Issuing uniforms or company mailboxes to contactors; or allowing them to share facilities with company workers and inviting them to company-related functions have all been cited to justify treating lease operators or temporary drivers as employees.

Lacroix says the union will spend the coming weeks signing up drivers. Representatives will be "visible" on the road and at truckstops. Attempts will also be made to mobilize thousands of existing Teamsters truckers across North America to sell the union to Challenger drivers. "When they see a driver driving a Challenger truck, they will approach them and talk to them and tell them ‘maybe it’s time you joined the Teamsters.’"

Einwechter, obviously, will promote the opposite at the office. And he’ll likely not be alone. "We have employees over the years that, for whatever reason, left over the years. And in so many cases, many of them have come back and repeatedly tell us that they needed that experience elsewhere to refortify how good of a company Challenger is."

"I accept that at our size there will never be complete harmony, but it’s sad, I guess, that because of the negative feelings of a few, it will affect many and make this issue so predominate … when really, I don’t think it needs to be."