Alberta Federation of Labour unearths documents showing scope and effects of Temporary Foreign Worker program

 EDMONTON – Internal government documents paint a clear picture of the terrible consequences for working Albertans if Premier Jim Prentice is allowed to re-open TFW floodgates, as he has vowed to.

The documents, obtained by the Alberta Federation of Labour through federal access to information and privacy (ATIP) requests, show thousands of Alberta-based businesses are disproportionately relying on Temporary Foreign Workers — many with workforces that are more than 50 per cent TFWs. They also show many Alberta businesses are being granted work permits that allow them to pay TFWs far below the rate offered to Canadians. This includes employers in oil-sands related construction, where some of the best jobs in our economy can be found.

“The premier should make good jobs for Albertans his top priority, rather than making it a priority to help businesses pass them over,” Alberta Federation of Labour president Gil McGowan said. “Too many good jobs, particularly in Alberta’s oil sands construction, are going to TFWs. What should be the best-paying trades jobs in the Canadian economy are going to Temporary Foreign Workers at far less than the going rate.”

When:        10:30 a.m., Friday, September 26, 2014

Where:       Ironworkers’ Union Local 720, 10504 – 122 Street, Edmonton

Who:           Gil McGowan, President, Alberta Federation of Labour (AFL)

                     Representatives from the Ironworkers’ Local 720

What:         Government documents show consequences of reopening TFW floodgates

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MEDIA CONTACT:

Olav Rokne, Communications Director, Alberta Federation of Labour at 780.218.4351 (cell)
or via e-mail [email protected]

Internal FOIP Documents:

2014 LMOs issued for less than prevailing wage rates

Supporting document to News Release Aug 15: Alberta companies given green light to underpay thousands of TFWs

Evidence shows Harper government continues to allow TFW program to undermine Canadian wages

Edmonton – The wages of Canadians are continuing to be undermined by the Temporary Foreign Worker Program (TFWP).

Internal government documents obtained by the Alberta Federation of Labour show that Alberta companies were given the green light to underpay thousands of Temporary Foreign Workers in 2013.

The documents are the latest evidence that the misuse of the Temporary Foreign Worker Program is deliberate, pervasive and not limited to a few sectors of the Canadian economy.

“These documents are a snapshot of what was happening while Jason Kenney, the minister responsible for the program, was telling the public he had taken steps to better monitor and enforce the rules around the program,” Alberta Federation of Labour president Gil McGowan said. “Behind closed doors, they knew the rules were being bent and broken, and they knew thousands of TFWs were being underpaid and used as pawns to drive down wages for all Albertans.”

In 2013, 3,718 individual positions were approved across Canada in the low-skill categories, under 535 Labour Market Opinions (LMO).

Of those permits, the vast majority — 2,122 of them — were issued to employers in Alberta under 294 Labour Market Opinions.

TFWs were brought in to be paid less than Canadians as truck drivers, shipping and receiving, service station attendants, as health care workers, nurse aides, front desk clerks, metal fabrication labourers, delivery drivers, woodworking machine operators, heavy equipment operators, machining tool operators, automotive mechanics, mine labourers, and concrete, clay, and stone forming operators.

“As you look at these documents, it’s pretty clear that the problems in the Temporary Foreign Worker program extend far beyond the food services industry,” McGowan said. “These documents show the TFW program is being used to keep wages low, and to pay people less than what is paid to Canadians.”

TFWP regulations give Minister Kenney’s department the power to deny work permits if wages offered a worker in the Program are below prevailing regional wages for that particular occupation.

“PC leadership candidates, Conservative Members of Parliament, even Justin Trudeau are whining about the changes to the TFW Program,” McGowan said. “Whenever you hear a politician fighting to expand the TFW program, you know that they’re working for low-wage lobbyists and insiders, not for the good of Albertans.”

The documents, which contain records from all Canadian provinces and territories, can be accessed here:

LMOs issued for less than prevailing wage rates

Overview of locations and jobs where TFWs were paid less than Canadians

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MEDIA CONTACT:

Olav Rokne, Communications Director, Alberta Federation of Labour at 780.218.4351 (cell)
or via e-mail [email protected]

2014 Ltr to Kenney_Alberta unions call for TFW Sunshine List

Leaders from major Alberta unions call for greater transparency for guest worker program

EDMONTON – Lists of employers who have been approved to hire workers through the Temporary Foreign Worker Program (TFWP) obtained through access to information requests have been a primary source for Canadians and journalists to uncover details about the program. The officials overseeing these requests have recently imposed stringent new guidelines that have led to up to half those lists being redacted.

“We don’t know — and as the government closes ranks around access to information with respect to TFWs, we may never know — how many Canadians are being displaced by the Temporary Foreign Worker program,” AFL president Gil McGowan said.

What:
At their quarterly executive council meeting, the leaders of the Alberta Federation of Labour are calling for a sunshine list to expose abuses of the Temporary Foreign Worker program.

When:
1:00 p.m., Wednesday, February 12, 2014

Where:
Commonwealth Community Recreation Centre (11000 Stadium Rd NW, Edmonton)
Multi-purpose Room 5

Who:
The executive council of the Alberta Federation of Labour, which includes leaders from most of Alberta's major unions, including Canadian Union of Public Employees (CUPE), Health Sciences Association of Alberta (HSAA), Iron Workers, United Food & Commercial Workers Union Canada (UFCW), United Nurses of Alberta (UNA), and Unifor.

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MEDIA CONTACT:

Olav Rokne, Communications Director, Alberta Federation of Labour at 780.289.6528 (cell)
or via e-mail [email protected]

2014 Backgrounder: Sunshine List for TFW Program

Canadians deserve transparency, but Harper Government making it easier to hide TFW abuses

 Edmonton – In the wake of a series of scandals that have seen Canadians losing their jobs to exploited and underpaid workers from overseas — most recently 65 workers at Imperial Oil’s Kearl Lake oilsands site — the Alberta Federation of Labour (AFL) is calling for a sunshine list to expose abuses of the Temporary Foreign Worker Program (TFWP).

“Canadians deserve transparency, especially when there are clear examples of Canadians losing good jobs because of this Program,” Alberta Federation of Labour president Gil McGowan said. “However, even as Canadians have been outraged by the latest example of Canadians losing their jobs because of the Temporary Foreign Worker Program, the government has made moves to make sure future abuses of the program never come to light.”

Lists of employers who have been approved to hire workers through the Temporary Foreign Worker Program obtained through access to information requests have been a primary source for Canadians and journalists to uncover details about the Program. The officials overseeing these requests have recently imposed stringent new guidelines that have led to up to half those lists being redacted.

“We don't know — and as the government closes ranks around access to information with respect to TFWs, we may never know — how many Canadians are being displaced by the Temporary Foreign Worker program,” McGowan said.

On Tuesday, Feb. 4, 65 Ironworkers employed by Pacer-Promec Joint Ventures at Imperial Oil’s Kearl Lake oilsands site were told they were no longer employed there. Their jobs were then taken over by Temporary Foreign Workers earning about half what they had been making.

“The Government has now made abuses like the one we saw last week easier to get away with,” McGowan said. “The sixty five Canadian workers who lost their jobs last week are just the tip of the iceberg. And rather than giving Canadians the public inquiry they deserve, the government is putting up roadblocks to make it harder to investigate the program.”

Both Prime Minister Stephen Harper and Minister of Employment and Social Development Jason Kenney have made pledges to rein in the abuses of the Temporary Foreign Worker program. In a letter to Minister Kenney, the Alberta Federation of Labour called on the conservative government to commit to three actions that would bring more transparency on the Temporary Foreign Worker program:

1. Make available a full list of all employers holding a work permit for a Temporary Foreign Worker. In technical terms, this means an online searchable database of all active Labour Market Opinions (LMOs), Accelerated Labour Market Opinions (ALMOs), and employers using the Alberta Pilot Project or any Pilot Projects being test-driven in other provinces, along with number of workers, job classifications and base wages.
2. Publish a database of primary worksites where Temporary Foreign Workers are employed.
3. Forge a federal-provincial agreement for on-site inspections of worksites employing TFWs.

“Let’s let the sun shine on this program,” McGowan said. “Many employers who are not abusing the program are put at a disadvantage by the lack of transparency around this program. I would think they would welcome our proposal.”

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AFL Backgrounder: Sunshine List for TFW Program

MEDIA CONTACT:

Olav Rokne, Communications Director, Alberta Federation of Labour at 780.289.6528 (cell)
or via e-mail [email protected]

URGENT ACTION

Free Workshop on Access to Information on Friday, June 28

The Alberta Federation of Labour will host a "Lunch and Learn" workshop covering the basics of Alberta's Freedom of Information legislation. This workshop, the first in a series, is an opportunity for our members, affiliates, and allies to learn about a subject that is of interest to the labour movement.

This workshop will cover the basics of FOIP in Alberta, including:

• How to navigate the FOIP request system
• Why sometimes it's important to get information the government would rather keep secret
• How to word a request to save time and money
• How to follow up with further requests or judicial review.

When: Friday, June 28 from 12:30 to 2:30 p.m.
Where: AFL Meeting Hall (10654 – 101 Street Edmonton)
RSVP: 780-483-3021
See poster for more details.

Important Notice:

Due to flooding in Calgary, all protest events related to the federal Conservative Convention have been postponed until the convention can be rescheduled.

Boycott i-Hotel and Edmonton Hotel and Convention Centre in support of UFCW 401

United Food and Commercial Workers Local 401 started an organizing drive in March to unionize the i-Hotel in Red Deer, Alberta, which was formerly the Holiday Inn on 67th Street.
During the process owner Amin Suleman was made aware of union activity and interfered with the organizing efforts of Local 401.
3 members have been harassed, intimidated, and terminated for expressing their legal right to join a union. The ALRB issued a consent order that UFCW 401 supports and the employer refuses to honour.
UFCW 401 needs your help. They are asking all labour organizations to help them in the fight against a ruthless employer. Please support UFCW 401 by boycotting this employer until an agreement can be reached between the union and employer. UFCW 401 does not want to cripple business and wants people to advise reservations why they are pulling their business. This employer operates two hotels in Alberta.
i-Hotel at 6500 – 67 Street, Red Deer, AB
Edmonton Hotel and Convention Centre at 4520 – 76th Avenue, Edmonton.
Click here for letter from UFCW 401 to the AFL.
For more information please contact Director of Organizing, Chris O'Halloran at [email protected]

Bill C-377 – Send a message to the Senate

The Senate will be debating C-377 this week. There is a real chance to expose the bill as transparently anti-union, and potentially to amend or defeat it.
The bill has been pilloried by almost everyone who attended the hearings held by the Senate banking committee.
The CLC and other labour organizations are asking for maximum lobbying (calls to your regional senators, etc.). To find the right phone # or e-mail, please go here.
Below is a commentary by Jim Stanford, CAW Researcher (speaker at our convention) on the Senate's deliberations.
Every member that is able to voice their opposition to this bill could make a difference. PLEASE SEND A MESSAGE TO ALL SENATORS, WRITE YOUR MP AND CC ALL MEMBERS OF THE SENATE COMMITTEE.
The Alberta CUPE website allows you to send a message to all senators.
Please visit http://cupe.ca/unions/urges-senate-block-anti-union-bill
They're running an online action on an issue that I think will concern you. It takes two minutes and you can make a difference. Other websites:
http://www.albertacarpenters.com/fight-bill-c-377
http://www.canadianlabour.ca/national/news/investment-firms-alarmed-about-bill-c-377-anti-union-bill-will-have-costly-consequence
http://www.huffingtonpost.ca/phil-flemming/bill-c377-labour-canada_b_2639500.html

Bill C-525: Another Conservative attempt to undermine unions

The Harper government is again turning to its backbenchers to make laws designed to weaken unions. Bill C-525, if passed, will interfere in labour relations and the established rights of workers to join and remain in a union.
Currently, workers in federally regulated industries are recognized as a bargaining agent if they can show that they represent the majority of workers. Bill C-525 will require the union to prove that 50% of all employees – not just those that vote – want to remain in a union. If that doesn't happen, the unit will be decertified. This opens the door to all sorts of employer interference, such as anti-union propaganda and threats to shutdown workplaces, in efforts to suppress votes to get rid of unions.
Bill C-525 will apply to federally regulated unions, but make no mistake that this is another Harper Conservative attempt to weaken unions. If this Bill passes, we'll likely see more brazen attacks. Together, we can send a message to Harper and stop Bill C-525.
For a summary on Bill C-525 read the CUPE release and backgrounder.
View Bill C-525. 
Please sign and promote the NDP petition

News

Supreme Court sides with workers right to privacy

On June 14, the Supreme Court of Canada ruled that a mandatory random alcohol testing policy imposed by Irving Pulp and Paper at a Saint John, N.B., Kraft mill in 2006 was unreasonable.

The case, which stems from a grievance filed by Communications Energy and Paperworkers (CEP) Local 30 in New Brunswick, has implications to similar cases in Alberta's oil sands. The ruling is a major victory in the fight against random and arbitrary privacy violations through drug and alcohol testing.

"This decision is in line with years of jurisprudence, makes sense, and is in the interest of Canadians. Employers can't arbitrarily introduce a random drug or alcohol testing regime by declaring a workplace "dangerous" without proving that there's a problem," Alberta Federation of Labour president Gil McGowan said. "There's a direct parallel between this case and what's happening at Suncor: there's no evidence that there's a problem and the employer can't simply impose their will on the worker and strip them of their privacy without proving there's one."

In 15 years before the policy was imposed, there were eight instances in which a worker was found to be under the influence of alcohol and none involved an accident or injury. During the 22 months the policy was in effect, no one tested positive.

"The expected safety gains to the employer in this case were found by the board to range 'from uncertain ... to minimal at best' while the impact on employee privacy was found to be much more severe," Justice Rosalie Abella wrote for the majority. For more information see June 14 release

AFL wraps up its case against job-sucking Northern Gateway pipeline

The Alberta Federation of Labour made its final arguments to the Northern Gateway Pipeline hearings on Tuesday, June 18 in Terrace, B.C. The Federation made the case that the Pipeline is not in the best interests of Canadians.

The pipeline, if approved, will ship some of our country's best potential jobs down the pipeline to China. In its presentation to the National Energy Board, the AFL showed that it makes economic sense to upgrade bitumen in Alberta – or at least in Canada – rather than exporting it raw to foreign markets.

"The proponents of this project have compared the pipeline to the CPR and called it an important piece of Canadian infrastructure. But the Northern Gateway Pipeline is a piece of Chinese infrastructure, not Canadian infrastructure," Alberta Federation of Labour president Gil McGowan said. "The ownership structure of the pipeline shows that the project will benefit China's state-owned oil companies, shipping good-paying oil sands jobs to Asia." For more information see June 17 release with links to a backgrounder and AFL final arguments

Did you know...

• the Northern Gateway pipeline will create only 228 permanent jobs in Canada
• During construction of the pipeline, the project will temporarily create 1,500 construction jobs
• At least 26,000 Canadian jobs would be created if we upgraded/refined the bitumen destined for China here at home.

Events

June 28: Alberta Federation of Labour "Lunch & Learn", 12:30 -2:30 PM
July 1: Canada Day
July 5-6:
Aug 5: Civic Holiday
Aug 5-9: AFL Kids' Camp
Aug 24: EDLC "Big Splash Open" Golf Tournament
Aug 31: EDLC Labour Day BBQ
Aug 31: Sept 2: Founding UNIFOR Convention
Sept 2: Labour Day
Sept 8: World Literacy Day
Sept 17-18: AFL Executive Committee/Council

AFL Lunch & Learn
Topic: Alberta’s Freedom of Information system to access information from public bodies

Friday, June 28, 2013
Lunch: 12:30 p.m. – 1:00 p.m.
Learn: 1:00 p.m. - 2:30 p.m.
The Alberta Federation of Labour (AFL) - Meeting Hall
10654 – 101 Street, Edmonton, AB T5H 2S1

• Empower staff and activists from affiliated unions
• Engage staff and activists in order to strengthen inter-personal ties within the labour movement
• The workshop is free, including lunch

RSVP by Wednesday, June 19 to Karen Painchaud at [email protected]
Please indicate any dietary restrictions

Click here for complete details and to register

AFL calls for independent review of shady lobbying activity by construction industry executives

Edmonton – Secret documents suggest Alberta's construction industry is exerting undue influence on government decisions.

In the correspondence (see link below), obtained by the Alberta Federation of Labour (AFL) under Freedom of Information legislation, a representative of a coalition of construction companies and anti-union contractors lobbied Premier Alison Redford by linking large political donations to political promises to revise Alberta’s labour code.

“Albertans deserve to know that their government is making decisions independent of undue influence, and that our elected officials are using their power to promote the public interest, not to advance the private interests of friends and political supporters,” AFL president Gil McGowan said.

At issue in the documents is pressure from construction industry lobbyists to re-open the debate on Alberta's labour code, and to make changes in favour of employers.

“Albertans should be concerned about the methods used by the lobbyists, and the apparent willingness of top officials to give preferential treatment to groups that make significant political donations,” McGowan said.

The correspondence involves dozens of e-mails and letters between ministers, premiers, their offices, and lobbyists for the Construction Competitiveness Coalition (CCC), a coalition of large non-union construction companies. All but one of the lobbyists are unregistered.

“If this is happening with one area of legislation, we have to wonder who’s giving the marching orders when the province looks at legislation in other areas like consumer protection, environmental regulation, energy policy and safety standards,” McGowan said.

In light of the contents of the documents, the AFL is calling for the labour code review to be shelved immediately.

“These e-mails suggest that some people in power aren't maintaining the wall that needs to exist between government and groups that seek to influence government,” McGowan said. “As a result, democracy in Alberta is not as strong as it needs to be.”

One of the changes sought by senior executives of construction companies would make it difficult for unions to engage in political action, including legitimate, arms-length lobbying.

“Do we have a government that represents citizens, or is this a government of big business, by big business and for big business?” McGowan asks. “Albertans deserve answers, and the only way they’ll get those answers is through an independent investigation. And it needs to be an investigation conducted by the courts, not just the Ethics Commissioner or the Lobbyist Registrar because they're both agents of the Legislature.”

AFL Backgrounder:

Labour Code Lobbying

Correspondence: 

7 pgs of documents that Executive Council tried to withhold

Urgent meeting to underscore intended schedule of review

PCL Letters to Stelmach with response

Info Privacy Commissioner letter ordering release

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MEDIA CONTACTS:

Gil McGowan, President, Alberta Federation of Labour at 780-218-9888 (cell)
Olav Rokne, AFL Communications Director at 780-289-6528 (cell) or via email [email protected].