Government allows thousands of employers to underpay TFWs
“Government shouldn't be in the business of helping employers keep wages low,” says AFL
EDMONTON – An audit of the Temporary Foreign Worker program (TFWP) reveals that thousands of employers are being allowed to break the rules set up to stop employers from using TFWs to drive down wages.
The audit, conducted by the Alberta Federation of Labour, compared Statistics Canada’s prevailing regional wage rates to the approved wage rates from the approved applications of employers seeking to bring in Temporary Foreign Workers. The audit showed that employers were routinely allowed to pay TFWs minimum wage in industries and occupations that are supposed to pay higher rates.
“One of the major ‘fixes’ the Conservatives are suggesting to prevent the TFW program from putting Canadians out of work is a ‘wage floor’ for TFWs,” AFL president Gil McGowan said. “The documents show that the Harper government has regularly allowed employers to pay below-market wages, in contravention of the existing rules and all their empty promises. Why should Canadians believe them now?”
The results of the audit are shocking: of the 15,006 employers who were approved to bring in Temporary Foreign Workers, more than 14,500 were offering wages that were lower than what the government says these workers should be paid. The wages were below the prevailing wage rate anywhere from a few cents to $11.45 an hour too low.
“The government shouldn’t be in the business of helping employers keep wages low,” McGowan said. “If an employer is offering minimum wage, they’re clearly not trying very hard to find Canadian workers. I suspect that if they could have paid any less, they wouldn’t have hesitated.”
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.
“The government has the ability – and the duty – to deny these work permits. These applications clearly state the wages that employers are offering, and the government has documentation of the prevailing wage rates,” McGowan said. “The fact that they didn’t bother to cross reference applications to the appropriate wage rates is an abject dereliction of duty. It shows that there is no enforcement of the Temporary Foreign Worker program, and it shows you can’t take it at face value when Minister Jason Kenney’s talks big about a crackdown.”
AFL Temporary Foreign Worker Program – Report on Approvals at Minimum Wage, May, 2014
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Olav Rokne, Communications Director, Alberta Federation of Labour at 780.289.6528 (cell)
or via e-mail [email protected]
MEDIA ADVISORY: Government allows thousands of employers to underpay TFWs
“Government shouldn’t be in the business of helping employers keep wages low,” says AFL
EDMONTON – An audit of the Temporary Foreign Worker program reveals that thousands of employers are being allowed to break the rules set up to stop employers from using TFWs to drive down wages.
The audit, conducted by the Alberta Federation of Labour, compared Statistics Canada’s prevailing regional wage rates to the approved wage rates from the approved applications of employers seeking to bring in Temporary Foreign Workers (TFWs). The audit showed that employers were routinely allowed to pay TFWs minimum wage in industries and occupations that are supposed to pay higher rates.
"One of the major ‘fixes’ the Conservatives are suggesting to prevent the TFW program from putting Canadians out of work is a ‘wage floor’ for TFWs,” AFL president Gil McGowan said. “The documents show that the Harper government has regularly allowed employers to pay below-market wages, in contravention of the existing rules and all their empty promises. Why should Canadians believe them now?”
The audit of the TFW program will be made available to the media at a press conference at the AFL offices at 2 p.m. on Monday, May 26.
When:
2:00 p.m., Monday, May 26, 2014
Where:
Alberta Federation of Labour Offices
#300, 10408 – 124 Street, Edmonton
Who:
Alberta Federation of Labour President Gil McGowan
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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]
Advisory: Problems with TFW program extend beyond food services
AFL reveals hundreds of unlawful TFW permits issued by Minister Kenney
EDMONTON – Problems with the Temporary Foreign Worker program are not limited to the food service industry.
At a press conference at 11 a.m. on Friday, April 25, the Alberta Federation of Labour will unveil research showing that hundreds of Labour Market Opinions – which are required for employers to bring in Temporary Foreign Workers – have been issued in direct contravention of the rules of the program.
"There is a clear pattern to this government's handling of the Temporary Foreign Worker program," Alberta Federation of Labour president Gil McGowan said. "They're bending, breaking, circumventing and ignoring the rules they set up to prevent abuse. And because of that, employers in all kinds of sectors are using the program to drive down wages across the country and throughout the economy."
What: New research shows problems with TFW program pervasive across many sectors of the economy
When: 11:00 a.m., Friday, April 25, 2014
Where: Alberta Federation of Labour offices, #300, 10408-124 Street
Who: Alberta Federation of Labour (AFL) President Gil McGowan
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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]
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]
Action Alert: Rally for Retirement Fairness on March 2
RALLY FOR RETIREMENT FAIRNESS
2:00 PM, SUNDAY, MARCH 2
FIGHT FOR THE PENSION YOU PAID FOR!
The Redford government is trying to dictate pension plan changes without negotiation. If this goes ahead, it will break the pension promise made with thousands of Albertans. On March 2, at 2:00 p.m. join us in Churchill Square in Edmonton to make your voice heard.
Action Requested:
Turn out to the RALLY on Sunday, March 2nd at 2:00 p.m.
Stand up and make your voice heard. Hundreds of concerned Albertans will be gathering in Sir Winston Churchill Square for lively and family-friendly rally.
Come for live music, coffee, hot chocolate and popcorn.
Most importantly, come to send a clear message to the Redford Government that pension promises cannot be broken!
When: Sunday, March 2, 2014 from 2:00 PM to 3:00 PM
Where: Sir Winston Churchill Square
Questions: For more information on the proposed government changes, visit www.truthaboutalbertapensions.ca
For more information on the RALLY on SUNDAY, contact the Alberta Federation of Labour at 780-483-3021.
Company promises to hire Canadians after being caught using TFWs to replace domestic iron workers
TFWs will be moved to another project, but it remains unclear if fired Canadians will get their jobs back
Edmonton – The company involved in a TFW scandal on Imperial Oil's Kearle Lake site has admitted that it fired Canadian iron workers and replaced them with TFWs.
In a statement released to media this afternoon, the company, Pacer-Promec Joint Ventures, said it would move the TFWs to another site and commit to hiring Canadians – but stopped short of saying they would offer the jobs to the Canadians who had been fired in the first place.
"At first blush, this looked like a clear victory for the fired Canadians workers," Alberta Federation of Labour President Gil McGowan said. "But Pacer-Promec has not contacted the union or the fired workers with an offer to come back to work. Something still smells pretty fishy here."
On Tuesday, Feb. 4, 65 Canadian workers employed by Pacer-Promec Joint Ventures were given their pink slips, and they were replaced by Temporary Foreign Workers. When the firings came to light, the ensuing public outrage forced the government to announce an investigation. Late Friday afternoon, the company issued a press release that included an apology and a promise to hire Canadians.
"The news statement from the company is certainly a step in a more positive direction, but the story should not end here," McGowan said. "The Canadian workers have still not been offered their jobs back. And, even more importantly, this is not an isolated incident. This is not a case of a rogue employer breaking the rules. The real problem is with the rules themselves. Specifically, a new stream in the TFW program allows employers in Alberta's construction industry to hire TFWs without first looking for Canadians. As long as this new stream remains in place, Canadian tradespeople will continue to face the prospect of being replaced by or passed over for TFWs."
In October, more than 300 workers at Husky Energy's Sunrise Oilsands Project were let go. In some cases, they were forced to train the Temporary Foreign Workers who were replacing them. The Alberta Federation of Labour has been a leader in bringing abuses of this program to light.
"More and more Canadians are going public, and letting the country know the extent to which the Temporary Foreign Worker program is undermining job security, undermining wages, and exploiting disadvantaged workers," McGowan said.
Even with Pacer-Promec's promise to rehire Canadian workers, McGowan says many important questions remain.
"The company says they will move the TFWs to another work site. Will these TFWs fill jobs on that site that would have otherwise been available to Canadians? Will they still be paid half the wage of Canadian workers? Perhaps most importantly, will the companies involved face any consequences? Will they be fined? Will they lose their right to bring TFWs into the country? Canadians deserve answers to these questions?"
The Harper government has made such a mess of the TFW program that experts say a full investigation by an impartial third party is warranted.
"The Harper government created this monster, they can't be trusted to tame it," McGowan said. "Canadians deserve a royal commission on the economic, social and cultural impact of this program. It morally diminishes us as a country to have a program that creates a disenfranchised underclass of non-citizen workers."
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MEDIA CONTACT:
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 e-mail [email protected]
The two faces of Premier Redford
Generosity for an overpaid inner circle while freezing workers' wages
Edmonton – Premier Alison Redford offered a fierce — and disingenuous — defense of high salaries for her inner circle today.
In response to questions about high salaries being paid to her chief of staff and inner circle of advisors, the Premier claimed that compensation of public sector workers in Alberta was high in general.
At the press conference in Okotoks, the premier said: "In all of our labour negotiations we continue to provide increases to public servants." A statement that is blatantly false given that just two months ago, the legislature passed Bill 46, which imposes a wage freeze on tens of thousands of government workers.
"It seems like Alison Redford is always willing to stand up for the wealthy, and is always willing to make claims that she's on the side of working people," Alberta Federation of Labour president Gil McGowan said. "But the proof is in the pudding — wage freezes, gag orders, and pension cuts are the facts that frontline workers face."
The average government wage may be higher than the average wage for workers – but as Albertans have found out this week, that average is skewed by extremely high pay for people in the premier's inner circle.
"The premier tried to suggest today that the province is paying public sector workers well. But the facts show that outside of her inner circle, that isn't the case," McGowan said.
The latest reliable Census data available — a survey of more than 92,000 public-sector workers — shows that the average government workers' wages are two per cent lower than in the private sector.
Other evidence supports this. Statistics Canada's shows that Alberta's civil servants earn an average $1,283.65 a week in November 2013, down from the previous period. The wages of workers in several other sectors' are higher, such as those in construction and utilities.
"It is important to make sure that we have high quality people who can provide effective support and services to the government of Alberta and the people of Alberta and we're not going to shy away from that," the Premier said.
"Redford says that workers deserve to be compensated, but her words are in conflict with her actions," McGowan said. "Premier Redford has undermined collective bargaining with Bill 46. At the same time, she's given massive and unjustifiable wages and wage increases to her inner-circle of political staff."
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MEDIA CONTACT:
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 e-mail [email protected]
December 2013: Anti-worker Bills 45 and 46-FAQs, fact sheets, news releases; Labour leaders stand up for retirement income; did you know-facts on retirement income, AFL Open House
Urgent Action
Alberta Federation of Labour Open House
On Tuesday, February 11, the Alberta Federation of Labour invites you to attend our annual open house.
The open house, which is usually held in December each year, was postponed so that we could move into our new offices, which are located at #300, 10408 – 124 Street, Edmonton.
We are looking forward to seeing everyone in the New Year in our new offices.
When: Tuesday, Feb. 11 from 4:30 to 7:00 p.m.
Where: AFL Offices (#300, 10408 – 124 Street, Edmonton)
RSVP: 7 80-483-3021
Download the invitation here...
News
AFL and allies gearing up to fight unconstitutional anti-worker bills
Alberta's union movement is responding to a new assault on worker rights.
In early December, the province brought in laws impeding the ability of public-sector unions to negotiate with the government, and muzzling anyone who calls for those workers to strike. The unpopular new laws, which are being widely criticized by the media, will be challenged by the Alberta Federation of Labour.
"Workers in Alberta have a fight on their hands. It's not a fight of their choosing, but one forced on us by the reckless, punitive and unconstitutional anti-worker laws that Redford brought in," Alberta Federation of Labour president Gil McGowan said.
The Federation of Labour, affiliated unions and unaffiliated allies will be collaborating to oppose the laws through legal action, but warn that the battle for workers' rights can't be left to the courtrooms.
"We have the Canadian Charter of Rights and Freedoms on our side, but the process of challenging these laws in court will take time. It will take years," McGowan said. "In the meantime, we're going to see several unions, and hundreds of thousands of workers facing unfair bargaining tactics and diminished rights. We will have to work together, with direct action and with effective advocacy to ensure these workers are heard."
Frequently asked questions on Bills 45 and 46
AFL press release on Bills 45 and 46 –AFL Release November 29, AFL Release December 4, AFL Release December 5
Letter from Union Leaders to the Premier
Fact Sheet 1 – Breaking a Promise and the Law: Rollbacks
Fact Sheet 2 – Breaking a Promise and Breaking the Law: Supreme Court
Fact Sheet 3 – Alberta Economy Booming
Fact Sheet 4 – Breaking a Promise and the Law: Public Sector Wages
Fact Sheet 5 – Breaking a Promise and the Law: Public Services Stretched
Fact Sheet 6 – Alberta has a Revenue Problem
News
Labour leaders stand up for retirement security
Alberta's labour movement is opposing the scaling back of the province's pension plans, while urging that the Canadian Pension Plan be expanded.
In September, Finance Minister Doug Horner announced the government was planning to bring in sweeping changes to public service pension plans. If the changes are implemented, as Horner indicated he is determined to do, the bottom line is that Alberta public employees will have diminished pensions. Members of Alberta's public service pension plans would have to work longer to retire, and when they retire their benefits will be reduced. In addition, their retirement incomes will more rapidly fall behind inflation.
"There are currently about 300,000 people paying into the plans in question, working in health care, universities, colleges, municipalities and various departments of the provincial government. There are another 90,000 retirees currently receiving benefits from the plans," Alberta Federation of Labour president Gil McGowan said. "That means that 15 percent of Alberta's workforce and about 20 percent of Alberta retirees will be potentially be affected by these changes. The retirement plans of thousands of thousands of Albertans will be affected and a majority of Alberta families will be touched in one way or another."
The real crisis in retirement is that so many Albertans have no retirement security – Only one in three Albertans has put anything into an RRSP. Canada needs to expand the highly successful Canadian Pension Plan that has helped so many seniors.
"Minister Horner has said he's disappointed that Ottawa has closed the door on CPP expansion," McGowan said. "Perhaps if he'd presented a united front with all of the other provincial finance ministers who were all calling for CPP expansion, the Federal government would have had to listen."
Read AFL release here
Did you know ...
• 1 in 4 Alberta seniors receive the Guaranteed Income Supplement (GIS) because they do not have enough income.
• 2 out of every 3 working Albertans don't make RRSP contributions.
• Only 1 in 3 Albertans has an employer-sponsored pension plan of any kind.
• The average income for a woman senior citizen in Alberta is $20,000.
Events
• December 20: Day of International Solidarity
• January 13-18: AFL/CLC Winter Labour School
• February 11 & 12: AFL Executive Committee & Council
• February. 11: AFL Open House