| Exert from Affidavit of Jeff Morris in support of Defendant's Memorandum in Opposition to the Plaintiff's Motion for Summery Judgement regarding TELUS' YouTube Censorship |
October
11, 2009 My
name is Jeff Morris. I have been a resident of North Vancouver since 1972. I
was hired in July 1994 by BC TEL as a sales representative during the period when long
distance repricing was prevalent in the telecommunications market. My duties would
evolve as that market changed. I had worked through university in the grocery
industry and had experienced a labor disruption involving a first contract. I took
courses on industrial relations and collective bargaining during that period to stay
current with events. I had careers in sales with a pharmaceutical company and various
packaged goods firms before joining BC TEL. BC TEL was a Canadian federally
chartered provincial telephone company. This status allowed for union representation
within some classifications normally deemed management. I became a shop steward
representing my work group and took all the relevant courses pertaining to our collective
agreement and Canadian labor law. I was involved in a grievance in 1996 involving a
sexual harassment claim that included evolved into the handling of BC TEL proprietary
material. This affair gave me experience in dealing with issues which would
arise when TELUS was formed from western Canadian telephone companies circa 2000.
Darren Entwistle was hired as the CEO, and he began to bring in a new senior
management team to run the corporation. The
sales team started to meet with Mr Entwistle's executives soon after he took over.
The meetings were held in the company headquarters in downtown Vancouver. In
my first meeting with one of Mr Entwistle's representatives, I had to request him to amend
his language as profanity was unacceptable. This was witnessed by the other sales
people in the room and led to my explaining to the individual the rules in place for
behavior to which we were all held accountable. Shortly afterward, the entire sales force
of the new company met in Banff for a conference. Mr Entwistle presented himself on
stage to those assembled and then proceeded to demonstrate the change in corporate
outlook. Whereas
BC TEL had always maintained a conservative presence, clearly the new TELUS would follow a
different path. The first disturbing act was Mr Entwistle's referring to the senior
management of BCTEL males as a group of "women". As no one wishes to be
derided in such fashion and as TELUS had already parted company with a previous CEO it was
assumed that Mr Entwistle's tenure would be short- this type of public derision is
improper at all levels. The presentation then followed a theme involving elaborate
video clips from movies embedded within the conferences content. The next disturbing
act was the playing of the ejaculation scene from "Everything You Wanted To Know
About Sex, But Were Afraid To Ask". This completely inappropriate material was
played before the same management group that had been derided for a lack of manliness and
many of whom were elders of their churches or similarly involved with religious and
community groups. The well choreographed conference was probably videotaped as well.
The conference certainly led to widespread discussion with staff I knew that
what we saw was improper, and would be dealt with. TELUS
became a company in transformation. There were several standard rules about
regulated work activities and behavior that changed. I made records of these
activities as they happened as best I could. TELUS was also changing its senior
management team. Mr Entwistle appointed several people he worked with to
senior positions within TELUS who worked with him with Cable and Wireless- a British
telecommunications company. In January, 2004; another sales conference was
scheduled to meet in Montreal. The lead up to the event required everyone
attend, and that everyone would attend all events. That was stated in two separate
documents from senior management. I can state this as fact, as I did not
attend, as I was the primary provider for my mother who was disabled and about to have a
serious operation at that time. I was pressured by management to attend, but as my
mother's surgeon had pointed out, there was the significant risk to my mother and I should
be available in the event of a problem. I stayed in BC and acted as support
for those who were in Montreal. I
started getting calls from staff toward the end of the conference about disturbing events.
The conference itself involved Mr Entwistle (he spoke the most) and his new
senior staff presenting material to the sales/marketing force. The format was the
same as Banff's- company material supported by video clips. This group now included
staff from Quebec and Ontario. A number of complaints stand out: first a man was
made to do push ups on stage. When he failed to do them properly, his relationship
with his wife was commented on by Mr Entwistle. Mr Entwistle and one of his senior
executives made disparaging comments regarding the union and negotiations about the next
contract, and Mr Entwistle had made it clear that everyone (particularly himself) would be
held accountable for all rules impacting the company. The conference was taped.
There are five tapes involving the conference which ended with the demand
that all staff now attend the next company function: TELUS IDOL. The TELUS IDOL video
constitutes the sixth and final tape. TELUS
IDOL is on par with the San Francisco 49ers tapes of 2005 tapes welcoming new players to
that organization. The event was a series of skits acted out by managers that was
vulgar and in complete violation of the Code of Ethics that was in place. Attendance
was mandatory, that made management responsible for employee safety and a respectful
environment. I personally find the bondage scene to be incredibly offensive and an overt
criminal act of violence toward women; for others it was the open reference to oral sex
and a Vice President publicly requesting a laison with a female performer in his
hotel room.. I collected the information, I dealt with the fact that everyone was
afraid to go on the record, and then I found out that the material had been taped and
placed in the company video archives. I ordered the Montreal conference tapes first
and then TELUS IDOL. The material was sent to the wrong department and it took a while to
acquire. After I reviewed it, I took it to the union and then I wrote a letter to
the Chairman of the Board of TELUS :Brian Canfield. I made my position clear that
the 40 plus violations of the Code of Ethics required action and I was prepared to go to
my Member of Parliament and the Canadian Human Rights Commission. I was called to a
meeting with a senior member of human resources the next working day. I reiterated
what had happened, dealt with the company's version of what happened and pointed out that
I had made copies of the material. The officer was one of the ones that had dealt
with the incident in 1996, and we knew the quality of each others work. The union
(the Telecommunications Workers Union-TWU) took over at this point. The parties
agreed to an investigation by a third party ( a human rights lawyer). Both parties
would abide by the final report. There were two letters stating that I would not be
subject to any form of reprisal for my actions. The result of the investigation was
released in late August of 2004, but not made public. One of the results was the
enactment of a "Joint Workplace Harassment Policy" to stop this type of behavior
that would start with the top executives being trained, and then the rest of staff.
There were some senior management changes that occurred as well, none of which can
be directly attributed to TELUS IDOL, but which occurred shortly after the report was
finalized. I
had made a number of tapes to ensure I had evidence. I based this on past
experience. Anyone who wanted to see the video could. There had been no
restrictions on my activities other than I promised not to go outside of the company.
Someone started putting clips on the internet. When the report was done, I
acquired every copy but one of TELUS IDOL and turned that over to the company. I
told them that one was not returned ( it was being used as evidence in an insurance claim
for an employee who got hurt at the conference). As far as I was concerned the
matter was over. Shortly
after I was reassigned from field sales to a call centre. I was not the only one, but
everyone who went was a past union rep or someone who had filed grievances. The
company has provisions for this but reassignment is in order of reverse seniority.
Obviously grievances on our behalf followed, the determination of which was
delayed by a four month labour dispute which resulted in a new collective agreement.
Before that, I had dealt with another regional sales conference where further
inappropriate activities took place. That was documented and grievances filed.
During the labor dispute a number of activities occurred on the picket line that were
filmed and came into possession of Mr Denis Watson. I met him on the picket line and
my role in TELUS IDOL was related to him. Mr
Watson asked for a copy of the tape. At the same time I was contacted by CTV news
about the tape and I started to try to get a copy. I found someone who had one
within a week, and got that copy to Mr Watson. I also made several more copies.
That has never been hidden from the company or anyone else. When the dispute
ended and we were resolving issues under the new contract, I continued dealing with any
issues under the "Joint Workplace Guidelines". There were several, notably
about ethnicity comments and the company rules regarding the consumption of alcohol at
sponsored events. The grievance regarding my demotion was settled as follows: The
company pointed out they were wrong to do it, but could do it under the new rules; thus my
return to field sales would be short. A resolution would be to either have me agree
to staying with the position in the call center or taking a buy out. My union rep
worked out the details and I could work up until the end of 2006. I took the buyout
knowing I had been accepted at a university in its Faculty of Education for the end of
August 2006. I would receive a reference letter as well ( I never did). I
continued working on several human rights issues right up until the end of my work term
and dealt with the growing issue of TELUS compliance under United States trade
laws-notably Sarbanes Oxley. Since
leaving TELUS I have completed my university work and I teach in this area. I have
communicated with Mr Watson and others when I have been contacted. Mr Watson has put
this material on YouTube. TELUS has demanded it be removed. I gave a radio
interview with CKNW on this matter pointing out TELUS continues to struggle with issues
similar to those which developed around TELUS IDOL. I also pointed out to the
interviewer that TELUS had just withdrawn from its attempt make soft porn images available
on its wireless network-anyone (notably children) would be able to access these images at
any time and for a small fee. I acted with representatives of the Roman Catholic
Church in their successful efforts to stop this from happening for obvious reasons.
I gave an interview to Vision TV (an all denominational station) regarding what
happened and they copied some of the TELUS IDOL material. According to the
autobiography of the show's producer: John Scully, the show was pulled after it was aired
once, and after TELUS' legal council became involved. I have been contacted by Mr
Watson several times regarding my assistance, which I am happy to give. It appears
that TELUS is critically concerned about its image given the scenes involved in TELUS
IDOL, and are willing to go to great lengths to protect those concerned. They have
not, in my experience, dealt with the underlying environment that created the problem.
They would rather litigate than change, or at least acknowledge they have a
problem. Jeff
Morris |