AFL Sounds Alarm on Expansion of Child Labour
Jobs Minister floats suggestion to increase scope of jobs that 12-year-olds can be hired into
Edmonton – Alberta's largest worker organization is asking the province to take the expansion of child labour off the table.
Today is the deadline for submissions to the review of the Employment Standards Code launched in March by Jobs Minister Thomas Lukaszuk. The first question that the government asks in its discussion guide for the review has to do with expanding the variety of jobs that 12-14 year olds are permitted to do.
In their written submission to the review, the Alberta Federation of Labour expressed strong opposition to any such expansion.
"Albertans don't want 12-year-olds working in restaurant kitchens. They don't want 13-year-olds working as janitors and handling hazardous cleaning materials," Alberta Federation of Labour president McGowan said. "The fact that this is the first item on Mr. Lukaszuk's Employment Standards agenda shows that he did not hear Albertans the last time his PC government expanded child labour. Albertans rejected it then, and they reject it now."
McGowan added that this "is a very odd way for Lukaszuk to launch a bid for the PC leadership."
"Instead of distancing himself from the bad policy that has characterized the government over the past few years, the Minister seems to be determined to make even more bad policy before he resigns to pursue his leadership aspirations. I guess we'll have to start referring to him as the 'child labour' candidate."
The AFL recommendations on Employment Standards are contained in a detailed analysis of provincial work standards. The Executive Summary is here and the full report is here. The recommendations fall in eight categories:
1) End special permits issued by the Director of Employment Standards. There should be one set of rules for every employer, not exceptions for friends and insiders.
2) End the discrimination against workers with disabilities, farm workers, and domestic workers, and include them in basic Employment Standards protections.
3) Get tough on employers who abuse Temporary Foreign Workers, and make sure employers aren't using the TFW Program to drive down wages and working conditions and displace Albertans from jobs
4) Enforce the rules and get tough on employers that try to cheat the system. Recommendations here are tougher fines, more prosecutions, and on-the-spot administrative penalties (ticketing) for employers who break the rules.
5) Fairness for people who work in the restaurant, retail, and hospitality industries by ending illegal deductions, having a clear law on tips, and ending the two-tier minimum wage.
6) Ending the confusion around stat pay and overtime – clean up the language in the legislation and make our laws consistent with the rest of the country.
7) End – don't expand – child labour in Alberta.
8) Recognize we are all juggling work and family by bringing our parental and maternity leave standards up to the standards in the rest of Canada and expanding the number of leaves employees can take without losing job protection.
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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]
Alberta Government breaks promises – and laws – with wage freeze legislation
Edmonton – The Redford wage freeze breaks promises and breaks laws.
The legislation, which the government tabled on Wednesday, will ignore the bargaining rights of hundreds of thousands of Albertans and impose a wage freeze. This is a government tactic that has been repeatedly struck down by the Supreme Court of Canada.
"Alison Redford was elected on a promise that she wouldn't attack public sector workers. She's broken that promise and almost every other election promise she made just 18 months ago," Alberta Federation of Labour president Gil McGowan said. "We will see her in court and we will see her at the ballot box."
Bills 45 and 46 will take away the right of unions to consult their own membership about possible labour action. Additionally, punitive measures can be taken against a whole union for the actions – or even words – of a single member.
The wage freeze will mean that workers wages will fall behind inflation. Over the course of three years, this will mean an effective drop in wages by about six per cent. The government of Alberta forecasts the province's real GDP to expand by 3.3 per cent this year and 3.5% next year. If the economy is growing, we should be able to treat public-sector workers fairly.
Repeatedly over the past decade, the Supreme Court of Canada has ruled that Workers have a constitutional right to make collective representations and to have their collective representations considered in good faith.
"We are simply asking the government to not break the law," McGowan said. "It's one thing for governments to obtain a wage freeze through negotiations with unions and workers, it's another thing to impose those freezes without negotiation. Such legislation is unfair, unnecessarily provocative and almost certainly unconstitutional."
The government has suggested that the wage freeze is being imposed because of the cost of the devastating floods in Calgary and High River last spring and summer.
"They're paying for the flood damage on the backs of the people who cleaned up the mess," McGowan said. "We lauded these people as heroes just a few weeks ago. And now, Alison Redford is picking their pockets."
For more information on these bills and on collective bargaining download the AFL factsheets:
1) Breaking a promise and the law - rollbacks
2) Breaking a promise and breaking the law supreme court
4) Breaking a promise and breaking the law - public sector wages
5) Breaking a promise and the law – public service stretched
6) Alberta has a revenue problem
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MEDIA CONTACT:
Gil McGowan, President, Alberta Federation of Labour at 780-218-9888 (cell)
OR*unifor445:mw*cope458
File: G:\Communications\NEWS\AFL\2013\2013-50_Alberta Government breaks promises – and laws – with wage freeze legislation _2013Nov28.docx
Temporary Foreign Workers shortchanged
Investigations find employers skimming from TFW paycheques
EDMONTON - Temporary Foreign Workers (TFWs) face a greater risk of being the victims of payroll fraud.
Information obtained by the Alberta Federation of Labour shows that employers are likelier to violate the Employment Standards Code when they’re dealing with TFWs. Of investigations launched because of a complaint by a TFW, 47 per cent found the employer had contravened the Code. By comparison, the figure was 33 per cent when the complaint came from a Canadian worker.
“Workers brought in under the Temporary Foreign Worker program are less likely to know their workplace rights, are more likely to have language barriers, and are beholden to their employer for their ability to stay in Canada,” Alberta Federation of Labour Secretary Treasurer Siobhan Vipond said. “It seems clear that some predatory employers know these workers are vulnerable, and they’re exploiting that vulnerability. It’s disgraceful.”
The figures, which were collected from April 2012 – March 2013, were the result of investigations that were started because of a worker complaint. The province investigated only 218 complaints despite there being 68,319 TFWs in Alberta at that time.
“These are just the cases where there was a worker who was able to file a complaint,” Vipond said. “This is further evidence that the government needs to get serious about protecting TFWs and enforcing the rules. The province needs to resume proactive inspections; otherwise wage theft may never come to light.”
From 2009 to 2011, Alberta conducted a limited number of proactive investigations of work sites with Temporary Foreign Workers. The rate of payroll contraventions varied from month to month, peaking at 74 per cent in January 2010, but rarely dropping below 50 per cent.
“The federal government needs to axe the Temporary Foreign Worker program. Until the feds get around to that, Alberta needs to resume and ramp up their policing of workplaces with TFWs,” Vipond said. “These workers should be paid fairly. The government needs to ensure employers aren’t skimming from their paycheques.”
AFL Backgrounder: Temporary Foreign Workers shortchanged by payroll violations
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Olav Rokne, Communications Director, Alberta Federation of Labour at 780.289.6528 (cell) or via e-mail [email protected]
Supreme Court ruling a victory for workers’ privacy rights
Decision reaffirms union’s stance against random drug and alcohol testing
EDMONTON – Today’s Supreme Court ruling is a major victory in the fight against random and arbitrary privacy violations through drug and alcohol testing.
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. Labour leaders hailed the decision as a victory for human rights.
“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 2006, CEP Local 30 challenged Irving Pulp and Paper Inc.’s decision to impose random workplace drug and alcohol testing without first proving that there was a problem. In a 6-3 decision released on Friday, the Supreme Court of Canada ruled in favour of CEP’s position that the impact on employee privacy was too severe to justify random testing.
The Court ruled that the dangerousness of a workplace doesn’t give an employer free reign to run roughshod over employee’s rights.
“A unilaterally imposed policy of mandatory, random and unannounced testing for all employees in a dangerous workplace has been overwhelmingly rejected by arbitrators as an unjustified affront to the dignity and privacy of employees unless there is reasonable cause, such as a general problem of substance abuse in the workplace,” Justice Abella wrote. “This is not to say that an employer can never impose random testing in a dangerous workplace. If it represents a proportionate response in light of both legitimate safety concerns and privacy interests, it may well be justified.”
CEP local 30 from New Brunswick brought the case forward, we were interveners on the case, as was CEP 707 representing Suncor workers, because the Alberta Federation of Labour and affiliated unions believe in a worker’s right to privacy.
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MEDIA CONTACTS:
Gil McGowan, President, Alberta Federation of Labour at 780-218-9888 (cell)
Olav Rokne, Communications Director, Alberta Federation of Labour at 780-289-6528 (cell) or via email [email protected].
2013 TFW_From Last Resort to First Choice
FROM LAST RESORT TO FIRST CHOICE: How the Temporary Foreign Worker Program is flooding the market, not filling a need
During the recession, Alberta lost tens of thousands of jobs. Yet, we brought in tens of thousands of Temporary Foreign Workers. In 2011, the economy recovered and began creating jobs. But there was a Temporary Foreign Worker present in Alberta for three of every four jobs created.
Over the past four years, Alberta has brought in thousands more Temporary Foreign Workers than jobs created. This report – the latest in a series by the Alberta Federation of Labour on the Temporary Foreign Worker program – shows there is no need for the TFW program. Thousands of Albertans are out of work or involuntarily working part-time. The evidence is stark: Alberta
employers are bringing in more TFWs than are needed to fill the new jobs the economy is creating. This report shows what we have known for some time: while there are shortages in select few trades or skills, there is no economy-wide labour shortage in Alberta. There is a shortage of people willing to work for less, and that is why Alberta continues to bring in thousands of Temporary Foreign Workers every year, even when the economy sheds jobs.
Businesses being given temporary foreign worker permits regardless of economic need
8,600 jobs lost in 2010, but government approves whopping 22,992 TFW positions
Edmonton – Over the past four years, Alberta has brought in thousands more temporary foreign workers (TFWs) than jobs created.
In a new report, the Alberta Federation of Labour (AFL) compares the number of new jobs created in municipalities throughout the province to the number of temporary foreign workers arriving each year. There is no correlation; thousands of temporary foreign worker permits are being granted to businesses in good times, in bad times, and even when the economy is shedding jobs.
“The temporary foreign worker program has to be scrapped,” AFL president Gil McGowan said. “Employers are clearly turning to it as a first-choice so they can hire people who have fewer legal protections, can be paid less than their Canadian counterparts, and who can be kicked out of the country if they make a fuss.”
The report, titled “From Last Resort to First Choice,” shows that throughout Alberta during the recession, the economy lost 8,600 jobs in 2010, but the government approved the hiring of 22,992 TFWs. In the big city, the situation was a bit worse, with the economy shedding 13,000 jobs in Edmonton and Calgary, but 12,995 TFWs arriving in 2010.
“Canada needs immigration — but this program isn’t immigration, it’s exploitation,” McGowan said. “Canada’s immigration system needs to be expanded and made accessible to lower-skilled immigrants. And people arriving in Canada to work should be treated the same as any other Canadians. But the TFW program gives them second-class status, and makes them beholden to employers.”
Medicine Hat may have fared worst over the past four years, shedding more than 10,000 jobs, while more TFWs arrived. Throughout the province, thousands of work permits for TFWs were issued for very small rural centres and towns in Alberta.
“It’s difficult for someone to put down roots in a community if they’re defined as temporary,” McGowan said. “They’re not going to gain long-term wage improvements from seniority, and this keeps standards down for all low-wage workers.”
“When employers get easy access to vulnerable groups of lower paid workers, wages and benefits don’t have to keep pace with economic growth,” McGowan said. “The Conservative government talks a big game about free markets, but they’re more than willing to meddle with the market when it comes to driving down wages.”
Under the Conservative government of Stephen Harper, the TFW program has doubled in size, and has become a business subsidy that lets frequent users avoid increasing wages to attract workers or to invest in training.
This research clearly shows that jobs are being lost, and yet government is approving thousands of TFW permits for greedy employers who would rather not pay what the market demands.
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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].
List of ‘accelerated’ TFW approvals reveals widespread abuse of program
Alberta Federation of Labour calls for inquiry in light of growing evidence of fraud
Edmonton, April 9 – A list of fast-tracked temporary foreign worker applications shows that scandals at Royal Bank and HD Mining are just the tip of the iceberg.
The document, obtained by the Alberta Federation of Labour through an Access to Information request, lists all approved TFW applications in the first eight months of the new Accelerated Labour Market Opinion (ALMO) process.
Between April 25 and December 18, 2012, more than 2,400 ALMO guest-worker permits – which are supposed to be reserved for highly-skilled employment – have been granted to fast-food restaurants, convenience stores and gas stations.
“You look down this list, and it’s McDonalds, Tim Hortons, A&W, Subway Sandwiches. Are we supposed to believe that these are ‘high-skill’ employment opportunities?” Alberta Federation of Labour president Gil McGowan said. “These applications have been rubberstamped in as little as ten days, and the vast majority aren’t subjected to any kind of review.”
The Alberta Federation of Labour, the province’s largest labour organization, is calling on the Auditor General of Canada to conduct a full audit of the ALMO approval process.
“In the meantime, this program should be stopped immediately and the federal government should investigate each and every one of these employers to see if there’s wrongdoing,” McGowan said, noting that the labour movement is in favour of immigration. “Workers who want to come to Canada should enjoy the same rights and privileges as other Canadian residents. We shouldn’t be paying them 15 per cent less than Canadians, and the government shouldn’t be whisking them in through an accelerated and duplicitous process.”
More than 54 per cent (2,640) of the ALMO approvals in the country were for Alberta-based employers. Of these, AFL researchers flagged more than 58 per cent (1,542) as questionable. The list of businesses in Alberta who received ALMO approvals included 33 A&W restaurants. The ALMO stream, introduced in last year’s omnibus budget bill, is proving to be the latest evidence that the temporary foreign worker program is part of a low-wage agenda on the part of radical Tea-Party Tories.
“Alberta is leading the way in misusing this approval process,” McGowan said. “This isn’t being used as a stop-gap, and it isn’t a last resort for employers.”
AFL Backgrounder: ‘Accelerated’ TFW approvals reveals widespread abuse of program
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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].
FOIP A-2012-00448 SS_ALMOs under the TFW program_2013Feb04
This document, FOIP A-2012-00448 SS_ALMOs under the TFW program_2013Feb04, obtained by the Alberta Federation of Labour through an Access to Information request, lists all approved TFW applications in the first eight months of the new Accelerated Labour Market Opinion (ALMO) process.