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Timber licenses - Workers need to be players at the table

By Peter Ewart

Wednesday, July 06, 2011 03:55 AM

There are few things more devastating to workers and communities in the rural and northern regions of British Columbia than mill closures. Over the last few years, we have seen more than our share in towns such as Prince George, and even more devastatingly, in smaller forestry communities like Mackenzie and Fort St. James.
 
Oftentimes, workers are among the last to know of a mill closure, even though it is these same workers who tend the forests, harvest the logs, and process the timber. Once the metal gates of the mill are shut, they are left standing out in the cold with no say whatsoever about the future of the mill or the timber license itself.
 
Take, for example, the case of workers at Winton Global, a forestry company based in the Prince George region which is partly owned by the Canfor multinational. They were laid off over 2 ½ years ago, yet still haven't even received their severance pay because of loopholes in the provincial legislation.
 
While Winton Global's forestry manufacturing operations have been shut down during this period, the company has been using its timber licenses, which were granted to it by theprovincial government, to continue harvesting logs and selling them to companies to process in other locations.
 
Laid-off workers at Winton Global consider this tactic of the company to be "most unfair" and "morally wrong", and are calling upon the provincial government "to remove the forest licenses" held by the company and "return them to the market" if it refuses to re-open the mill.
 
For his part, Steve Thomson, BC Forests Minister, has responded by stating that "there are no grounds" for cancelling Winton Global's forest licenses, and that he will not comply with the workers' demands.
 
All of this illustrates the major power imbalance that exists in terms of mill closures and timber licensing rights in this province. It is obvious that companies and government have a huge amount of clout. But workers have practically none.
 
Why is that the case? Yes, company owners invest capital in mill operations and timber licenses - there is no denying it. But workers invest their labour and stake their livelihoods on this work as well - and there is no denying that either. If labour acting on nature is the source of all wealth, that should count for something. But, under current legislation, it doesn't. 
 
In addition to their labour, workers also commit their families, homes and futures, not just to the company, but to the community and region as well. Indeed, they are the bedrock of our communities. That should count for something also.
 
In the past, the owners of the mills used to live here too. A few still do, including several of the owners of Winton Global. But, increasingly, it is the international financiers and hedge fund tycoons, who own and control the big companies like Canfor, and who have substantial, often controlling, interest in smaller companies like Winton Global. They, of course, are far removed from the smell of sawdust, living in such "global" cities of high finance as New York, London and Tokyo.
 
For these financiers, it matters little whether forestry workers have jobs or whether communities like Prince George, Mackenzie or Quesnel live or die. To them, timber licenses are just pieces of polished ivory on a chessboard representing assets in a faraway province somewhere over on the western edge of North America. These assets could just as easily be a field of soybeans in Iowa or a banana plantation in Costa Rica as far as they are concerned.
 
We live in times when some rebalancing of power is in order. In the rush towards globalization, workers and communities need protection, and they need more say and input into economic decisions.
 
In British Columbia, it is outrageous that workers, who are already going through the trauma of lay-off, are held hostage to flawed severance pay legislation that allows companies to leave them dangling in a state of limbo, somewhere between "indefinite" and "permanent" layoff. This legislation needs to be tightened up and loopholes closed so that employers cannot abuse the process, whether it is by leaving workers in limbo or using extended layoffs to overturn union certification.
 
Secondly, it is within the Forests Minister's right to take away Winton Global's timber licenses and put them on the open market, and he should do this immediately - as demanded by the Winton Global workers. Let someone else have a kick at the can.
 
But there is a third step that should also be considered in future provincial legislation. When a mill closes, workers need to have more power and say in regards to what happens to the mill, especially if it goes bankrupt, and what happens to the timber rights. As "investors" of labour, they need to be a player at the table.
 
For example, if a company is simply "sitting" on a timber license or is harvesting logs and shipping them out to other companies without processing them in its mill, its timber license should be taken away after a clearly specified period.
 
However, instead of the timber license just going on the "open market", the workers at that mill should have the option of taking it over. Like the owners of the company, they, too, have much "invested" and should have their own "kick at the can".
 
If the workers are unionized, they could do this through their union local. If non-union, through an employee association of some kind. Like the company, the workerswould hold the timber license for a specified period, during which time they could negotiate with other companies to takeover the license in ways that could re-employ them.
 
Alternatively, they could pool their severance pay (which for several hundred workers might amount to millions of dollars) and, either set up a worker-owned cooperative enterprise or partner with other business investors.
 
Workers at the Harmac pulp mill in Nanaimo did the latter after the company shut down several years ago. The mill was on the verge of being cut up and shipped off as scrap to Asia when the 220 workers made the bold decision to each invest $25,000 and, partnering with local business investors, bought the mill. Today, the mill is running at capacity, the workforce has increased to 300, and the original worker-investors have had their shares double in value.
 
Still another alternative would be to convert the timber license into a community forest under the provincial Community Forest legislation and have the union local or employee association operate it. To facilitate this, the "eligible applicants" in the legislation could be expanded to explicitly include these designated worker organizations. As operators of a community forest, workers would be able to enter into contractual relations with harvesters and processors that were mutually beneficial.
 
If foreign investors, and even ones connected to organized crime (as has happened in this region in the past), can get a hold of timber licenses, why aren't there processes in place for the laid-off workers who actually live here, to do the same?
 
In recent years, the forest industry has taken some huge hits. We need new ways of doing things, and new methods to revitalize the industry. To accomplish this, workers should have more say and more options open to them when mills close and timber licenses are not properly utilized.
 
Workers need to be players at the table, not beggars at the door. New legislation is needed.
 
PeterEwart is a columnist and writer based in Prince George, British Columbia. He can be reached at: peter.ewart@shaw.ca

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Well said!
Wow! Perfect, yes well said!!!
Excellent!! Please forward a copy to our MLA.
Dreaming in technicolour. It all sounds so wonderful. Til you stop to consider WHY there has been so much consolidation in the forest industry in the first place.

Why did the previous owners of Winton Global, if indeed the company had such great long term, profitable prospects for the future, flog it off to Canfor? Why, if they'd already bought and paid for it, didn't they follow old Warren Buffet's other two recipes for financial success, namely HOLD it, work it, and and PROSPER from it?

Why did the previous owners of so many other now shuttered and/or dismantled sawmills do exactly the same thing with their plants?

Why didn't "the workers", through their Union make an offer on those plants themselves, when times were good?

Surely if there's as much money to be made long term in running a sawmill as people like Ewart seem to believe, (by the way, has Ewart EVER owned and run a sawmill himself, or as part of some worker owned co-op?), there shouldn't be the slightest problem in getting each worker to buy an equal share in the business and enjoy some new-found prosperity, should there?

After all , we all know they're all "rolling in the clover" in those good times, thanks to those high wage and benefit packages their Union has negotiated for them, don't we?

So chipping in to rid themselves of that greedy capitalist employer who has profited so mightily off the sweat of their brows ~ that "labour that creates all wealth" ~ shouldn't be any problem at all, should it?

What's missing in this happy little scenario as we embark on our journey towards the ever elusive Worker's Paradise? What really makes anyone think, (if they have the capacity to still do so ~ which is doubtful in some instances), that if wasn't worthwhile to "labour" to buy the plant when times are good, it's going to be worthwhile to them to do so when they're not? It's time to face some FACTS. One of which is, despite popular belief to the contrary, NOT EVERY BUSINESS IS ALWAYS PROFITABLE. And one of the salient features of "ownership" is that the 'owners' not only get to share in the Profits, but also the Losses. Do workers really want to take a bigger hit than they already do when they're laid off?
Very well said. As suggested in the article, I would love to see the unions operate the license as a community forest, under the same regulations and markets as the rest of us.Perhaps they may have a different take on it afterwards? I dare say that they would.
Blahblahblah screw the workers blah blahblah tax the snot out of those greedy workers blahblahblah give tax breaks to big busines blahblahblah give big business billions in bailouts blahblahblah.
Trickle down supply side economics does not work. Old Raygunzap tried pushing that south of the border and look where they are today. On the verge of bankrupycy, high unemploment and the corporations bottom line has grown 88% while those greedy workers wages have gone up only 1%. FYI those numbers come from the Yanks themselves.
I think Peter raises some interesting points that have some merit, namely around the way that forestry licences are utilized and distributed. Certainly the severance issue should also be dealt with. The forestry resource belongs to the people of BC and surely the people of BC should have a say in how it is managed.

Where I disagree with Peter is in his assertion that workers somehow have a "right" to be involved in mill operations. As socredible said, there are other issues to face. Are the workers willing to pony up the dough to the purchase the licence AND the mill assets? Are they willing to set aside the dough needed for working capital, knowing that a bank won't lend them this money? Are they willing to do it without government backing? Do they have the resources to withstand the losses that DO come with mills (it's not all profit)?

In short, if they can run it properly, then why not? One thing is for sure, a group of employees running a mill may accept a 5% or 6% return on investment, whereas Canfor may say they need substantially more to have a "viable" operation. At the end of the day, that spread in rates may mean the difference between keeping the doors open or closing up shop and making the decision to re-invest those dollars elsewhere. Perhaps there is room within our industry for operations that focus on more than complete maximization of the bottom line as the main priority.
Another strange twist to this story is some of the former workers got severance, others did not. Seems to be the same ones that can not get work at other mills like Lakeland. Maybe management has reasons for this situation. Just a thought no one else has brought up.
Vote YES to extinguish the HST.
"Perhaps there is room within our industry for operations that focus on more than complete maximization of the bottom line as the main priority."
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The fact remains, NMG, if your employer isn't getting his, it's not going to be very long before you won't be getting yours. And that holds true whether it's someone else who's the 'employer', or you're part of a worker owned co-op.

There have been some successful worker owned operations. I don't really know whether I'd hold Harmac up as an example of one. Not just yet. Certainly if someone acquires any failed business cheap enough they can often show a positive financial result that the previous owner who paid much more for it couldn't. For awhile. Whether that positive result can be maintained long term hasn't yet been shown at Harmac. Hopefully it can be, but I doubt it's going to be any 'bed of roses'. There seem to me to be a number of very thorny issues still under the blankets

But, to be fair, there definitely are other worker owned Firms which have done quite well for a lot longer period than Harmac has been operating under that model. Richmond Plywood is one.

But there have also been some horror stories, some where workers took the kind of a cut in pay they'd have never given to any former employer, just to try to keep their new 'worker-owned' venture afloat. And it's still failed. Leaving them high and dry, both in regards to the job that now no longer exists, and out-of-pocket for all, or most, of the investment they made. It isn't a panacea for what ails our forest industry, in my opinion.

I won't even go into "Community Forests". Except to say they'll face exactly the same kind of problems ALL other holders of forest tenures face. And then some.

When Tree Farm Licences were first introduced back in the late 1940's and early 1950's, many, if not all of them, were genuinely based on "sustained yield" forestry. What wasn't ever considered at the time were the effects of "inflation". That threw the whole concept of sustained yield forestry completely out the window.

Firms HAD TO, whether they wanted to or not, cut more in saw logs faster than what they were growing in saw logs, just to try to cover their ever rising costs. When they couldn't, and today, by and large, they still can't, they went out of business. Or, if they actually owned private forest lands, converted themselves into Real Estate Investment Trusts. Where "selling the farm", piece by piece, is the only viable alternative to trying to operate it. It doesn't have to be that way. But we're not even close to starting to find a solution with the suggestions Peter is making.
The author states the following in the 7th paragraph of his argument: “All of this illustrates the major power imbalance that exists in terms of mill closures and timber licensing rights in this province. It is obvious that companies and government have a huge amount of clout. But workers have practically none.”

That is one take on the new challenges we are facing. The take is from the point of view of fairness to the worker. The conclusion the author reaches in the last sentence is “Workers need to be players at the table, not beggars at the door. New legislation is needed.”

That is all well and good. I have no problem with workers being at the table. German labour law requires it in that country. Equal representation on Boards. In addition, the unions are based on job categories and are country wide. Forestry workers would never be represented by the same unions as Steelworkers. And, if you do not belong to a unions, you get the same benefits.
So, how would that change the situation if we were to apply that system to the shut downs of the mills? One may solve the layoff problems from the worker points of view. In other words, there might be a severance package or an approved severance package.

However, the reality is that there is a downturn in demand. There are limited choices. If they make economic sense on a case by case basis, some might include:
1. Find new markets for traditional products;
2. Retools for new products in other markets;
3. Shut down some mills so that the demand for lumber matches remaining mill efficiency and capacity.
4. Sell timber rights to other mills as futures investment and pay out worker severance.
5. Government takes back licenses for future sales for other uses.
6. Government makes new regulations which force companies to create funds to provide for permanent shut down events.
7. And so on …..

The other reality, of course, is that the USA market is not likely to return to its former level especially in the next 5 or so years when the impact of the MPB will start to be felt with a feedstock availability downturn of some 40% and a shift in the location of the available salvage timber to the North and West of PG.

So, these mill shut downs are going to mostly be permanent for the next 40 years. No sitting at the table with the forest industry, shift to a German model of industrial governance or other change in worker/management/land ownership is going to make a dent in the feedstock reduction that faces us. Worker might be treated more fairly, BUT, the same number of workers and more will be laid off and the forest industry work profile that we have enjoyed in the past will be shrunk to 50 to 60% of its former self for two generations.

That is the trouble when someone tries to analyze a complex, interdependent situation we find ourselves in wearing a single hat, whether that is from a government, worker, or licensee point of view.
BTW, I think the thing that is missing in this province is the lack of leadership by our government in facing the forestry challenge in the north. By government I mean all the parties that are sitting in the house as well those who are working in the various ministries. No one is hinting at a solution!!!

The only possbile light I see is the new ministry created that is often referred to as the "Ministry of Jobs". Let's see what will emerge from there by the end of the year.
Very well said. As suggested in the article, I would love to see the unions operate the license as a community forest, under the same regulations and markets as the rest of us.Perhaps they may have a different take on it afterwards? I dare say that they would.
Sorry to say this Peter but the ministry of forests cannot legally revoke the Winton forest licence for not operating or not paying the severance. Winton can sit on this as long as they like and wait until it suits them to operate or sell or ship their logs anywhere they want. They don't have to operate that mill and if they choose to scrap it and send their timber elsewhere, there is nothing anyone can do about it.

Thanks to the then forest minister Mike Dejong in 2003, the changes to forest licence requirements has changed to provide the companies who hold them to do what they like with their operations and OUR timber.

If anyone thinks we were royally screwed by the HST implementation they certainly should understand that this province was royally screwed by this change in provincial forest policy which undermines stability for small towns and their workers who depend on these jobs.

Like the revolt against the HST, a revolt against this forest policy should have happened when the province changed these forest policies in 2003.

Remember that virtually every forest licence was originally granted through a public review process and was restricted to continuous operations in a specific mill/place/town. That was the "deal" to warrant long term renewable tenure of OUR forests in exchange for the stability of permanent jobs being tied to that timber supply deal.

How could government legally sever its responsibilities to those communities and workers and break that deal? There is nothing "natural" about the consolidation of our sawmill sector..it is induced to be consolodated by this forest policy!
Well said woodchipper. Thank you!!!!
woodchipper:-"How could government legally sever its responsibilities to those communities and workers and break that deal? There is nothing "natural" about the consolidation of our sawmill sector..it is induced to be consolidated by this forest policy!"
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That's in the nature of the old, "Which came first, the chicken or the egg?" argument. Endless amounts of time could be spent trying to 'prove' the answer one prefers to believe, but to what avail?

"Forest policy" could have remained as it was, but the end result would've been exactly the same.

Maybe a little quicker, maybe a little slower, but the trend towards 'monopoly' would still progress. And whether a 'monopoly' is privately owned or government owned, it's still a 'monopoly' ~ and exists to serve itself in priority to serving the public.

It's FINANCIAL Policy, not Forest Policy, that needs to change FIRST. Reverting to the way things were without that happening won't solve anything, anymore than changing 'owners' will.
I would like to see worker cooperatives (Co-ops) similar to the Mondragon Cooperatives in the Basque region of Spain.

Against all odds they were started in the reign of a fascist government at the height of the Cold War between USA "capitalism" and USSR "communism". The Mondragon Cooperatives have grown to be a significant economic player. See for yourself at http://www.mondragon-corporation.com/ENG.aspx .

When are we going to wake-up!?!
Step #1:
Vote YES to extinguish the HST!
So how are the forests in the Basque region doing these days?

http://www.lumes.lu.se/database/alumni/04.05/theses/irantzu_lexartza.pdf
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In the second half of the 20th century, the forested surface in the oceanic area of the Basque Autonomous Community increased four fold in a process that took less than three decades, mostly by the introduction of monocultures of the non native species Pinus radiata D. Don.

Soil nutrient content is an important factor for the growth of the forest, and has been considered one of the least renewable components if nutrient cycling in the ecosystem is disturbed.

By analysing research done on forest ecosystems and modelling nutrient conditions, it is concluded that those procedures often result in negative nutrient budgets, where outputs are increased by the removal of biomass and organic matter and the enhancement of erosion and leaching, and inputs from litter decomposition are reduced.

Natural sustainability is therefore not supported, and some effects in fertility have been forecasted and even already observed.

Economic reasons adduced to choose certain practices might thus not be justified in the mid-term, especially if to the reduction in production and the already unstable market, the use of chemical fertilizers or other soil improvement techniques have to be added.

Legislation regarding the promotion of sustainable forestry practices is not effectively applied and private forest owners operate independently often without reporting or coordination.

Better planning and monitoring, together with communication between institutions and forest owners seems to be of importance in order to achieve a sustainable use of resources.
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Sounds like the Basque area has some problems in sustainable forest practices. Do Cooperatives have any input?

If yes, why are they doing so poorly with their forestry practices?

In no, why not? Why would they be able to improve the situation?
"The fact remains, NMG, if your employer isn't getting his, it's not going to be very long before you won't be getting yours"

I don't disagree with you. What I would suggest, however, is that corporate culture (especially in very large firms) has been changing over time for the worse. In many cases, what seems to be acceptable norms these days, would have been seen as outright greed and utter disregard for the well being of employees in decades past.

I'm, certainly not a "pro-union" guy, but I think what we have been seeing out of many in "big business" is completely destructive.