The Lethbridge Chamber of Commerce: Labour Relations Town Hall

Transcription

1 The Lethbridge Chamber f Cmmerce: Labur Relatins Twn Hall

2 The Issues Refrm f Labur Plicies has been n the legislative agenda fr several gvernments in recent years. The last time the Labur Relatins Cde and Emplyment Standards was amended was in 1988 It is imprtant that utcmes maintain a level playing field between emplyers and emplyees t ensure ecnmic grwth, business viability, and that demcratic freedms are respected. The Gvernment is seeking feedback n Emplyment Standards and Labur Relatins

3 Emplyment Standards Cde The Emplyment Standards Cde establishes the minimum standards fr all emplyment relatinships under prvincial jurisdictin and applies t the majrity f wrkers in Alberta. This Cde prvides Albertans with rights and prtectins thrugh standards n hurs f wrk, vertime, general hlidays, special leaves, vacatin and mre. The gvernment is lking t make changes t the Emplyment Standards Cde in 5 primary areas. Jb Prtected Leaves: Changes t current leaves and establishment f new leaves. Cmpressed Wrk Weeks Yuth Emplyment Standards. Administratin and Enfrcement Permits

4 Jb Prtected Leaves This refers t plicies that deal with wrk-life balance and flexibility in the wrkplace. At present, Alberta ffers the least number f jb-prtected leaves f any prvince r territry. The Gvernment is asking if mre kinds f jb-prtected leaves shuld be ffered in Alberta and if adjustments shuld be made t current leaves t make them mre accmmdating. Jb-Prtected Leaves Current Maternity Parental Reservist Cmpassinate Care Jb-Prtected Leaves - Ptential Critically-Ill Child Death r Disappearance f a Child Family Respnsibility/Persnal Emergency Bereavement Jury Duty/Curt Leave Organ Dnr Citizenship Run fr Office Wrk-related Injury Minr sickness r injury Wedding Emergency Leave (Gv t Declared) Dmestic Vilence

5 Family Friendly Standards in Canada

6 Pssible Changes t Existing Leaves Maternity Leave Current Maternity Leave Prpsed Maximum Length: 15 weeks Qualify: Emplyed fr 52 weeks Increase t be cmpetitive with ther jurisdictins Shrten r eliminate qualificatin perid Parental Leave Current Maximum Length: 37 weeks Qualify: Emplyed fr 52 weeks Parental Leave Prpsed Pssible extensin t 18 mnths in line with Federal EI prpsals Shrten r eliminate qualificatin perid Cmpassinate Care Current 1. Maximum Length: 8 weeks 2. Qualify: Emplyed fr 52 weeks 3. Ntice: 2 weeks Cmpassinate Care Prpsed 1. Increase t 26 weeks in line with EI standards 2. Shrten r eliminate qualificatin perid 3. Prvide flexibility fr ntices and reduce time

7 Pssible New Jb-Prtected Leaves The gvernment is cnsidering adding new unpaid jb-prtected leaves which crrespnd with federal EI benefits. These may include the fllwing tw leaves. Death r Disappearance f a Child Ptential Length: 52 weeks Critically-Ill Child Ptential Length: 37 weeks within a 52 week perid The gvernment is cnsidering adding new unpaid jb-prtected leaves which allw wrkers t take jb-prtected leaves in respnse t bereavements, persnal illness r injury, and family respnsibilities Persnal Illness r Injury Bereavement Family Respnsibilities

8 Cmpressed Wrk Week A Cmpressed Wrk Week means that emplyees wrk lnger hurs n each day in return fr fewer days wrked per week. Averaging agreements clarify hw vertime is calculated when hurs f wrk vary frm week t week. The gvernment is lking t clarify hw vertime is calculated fr Cmpressed Wrk Weeks. Current Situatin Alberta already allws Cmpressed Wrk Week arrangements. Ptential Change Prviding averaging agreements might give emplyers and emplyees mre flexibility in determining their scheduling needs.

9 Questins Are the existing leave prvisins sufficient? What are yur thughts n adding an earned leave fr persnal sickness? Shuld the eligibility and requirements fr jb-prtected leaves be harmnized with the Federal EI standards? What are yur thughts n implementing a paid leave fr persnal sickness, emergencies, r family respnsibilities? Shuld Alberta add mre leaves fr family respnsibilities r illness? What culd be sme impacts t yur business f changing the leave prvisins?

10 Yuth Emplyment Canada has ratified the Minimum Age Cnventin f 1973 which dictates certain standards fr yuths under the age f 15. Alberta has t fall in line with the law. Other Jurisdictins have similar rules. What the Law says Minimum wrk age is 12 Under 16 cannt wrk during schl hurs (Adlescents) require cnsent and a permit t be emplyed There are limited permitted ccupatins fr adlescents Emplyment cannt be dangerus Can nly wrk 2 hurs n a schl day r 8 hurs n a nn-schl day, and cannt wrk frm 9 pm till 6 am. Yuths require supervisin frm 12 am till 6 am

11 Questins What are yur thughts n the current rules fr adlescents and yung persn emplyment? If yu were t make changes t this area f legislatin, what wuld change? What type f wrk is apprpriate fr year lds? Are there cmmn aspects f emplyment that we shuld cnsider as being suitable fr yung emplyees?

12 Administratin and Enfrcement Gvernment is cnsidering making changes t the Cde t imprve cmpliance and strengthen enfrcement prcesses, including amending the legislatin t allw fr administrative penalties fr repeat ffenses. Prblems with Current System Lng wait times fr dispute reslutin Limited ability t deal with repeat ffenders and uncperative emplyees due t lack f prprtinality r prgressin in fines and penalties Lacks administrative penalties Prpsed Prgressive Administrative Penalties Wuld speed up dispute reslutins Enhance ability f fficers t crack dwn n serius r repeat ffenders Examples f Punitive Actins: Mandatry Penalties, Optinal Penalties, Prgressive Penalties, Individual Penalties, Stacking Penalties, Limited Penalties

13 Permits Permits refers t dispensatins frm gvernment that allws an emplyer t have an exemptin frm an emplyment standard, Gvernment is cnsidering establishing criteria within the legislatin fr permit review in rder t imprve cnsistency and transparency fr emplyers and emplyees.

14 Questins Shuld Emplyment Standards allw fr administrative penalties t be assessed by the Ministry? What types f vilatins shuld administrative penalties be used fr? D yu think the permitting system is apprpriate and adequate?

15 Labur Relatins Cde The Labur Relatins Cde was last amended in It represents a significant part f the labur plicy and regulatry framewrk in the prvince. If updates are made, it is imprtant that the utcmes f any updates maintain a level playing field between emplyers and emplyees t ensure ecnmic grwth, business viability, and demcratic freedms. The key themes emerging frm these recmmendatins include: Hw emplyees can uninize and deuninize thrugh the certificatin prcess The use f first cntract arbitratin When can emplyers utilize replacement wrkers during strikes.

16 Certificatin f Unins Current System Mandatry Secret Ballt A Grup f emplyees may decide they wish t be represented by a unin. They may either frm their wn trade unin r jin an existing unin. This unin then files a certificatin applicatin with the Labur Relatins Bard (The Bard). If the applicatin meets requirements f the Labur Relatins Cde, (the Bard) hlds an emplyee vte. If a majrity f emplyees chse t be represented by that unin, (the Bard) certifies that unin. This means that the unin then has the right t negtiate a cllective agreement with the emplyer. This agreement regulates the wages and wrking cnditins f the emplyees. (Alberta Labur Relatins Bard)

17 Certificatin f Unins (cnt.) Ptential Change Card Check System N vte is held Certificatin is granted if the right percentage f wrkers sign a certificatin petitin. Card-carrying unin members are assumed t supprt certificatin even if this is nt the case.

18 Secret Ballt vs Card Check Allws emplyees t express true beliefs r feelings Emplyees are pen t peer pressure and influence f unins Fears that emplyers can use lead up time t schedule vte t influence prcess Emplyer may have n warning f prcess Mst aligns with demcratic principles Mst aligns with unin values Easier fr emplyer t cunter Easier t press wrkers int a unin

19 De-certificatin f Unins Current System Emplyers wh have had n cllective bargaining agreement fr three years can apply fr a revcatin f the unin with apprval f the Labur Relatins Bard Restrictins n what infrmatin emplyers can give emplyees are unclear The Labur Relatins bard applies mre rigrus tests regarding emplyee supprt than it des fr applicatins fr certificatin The Labur Relatins Bard retains undefined pwers t refuse emplyers applicatins fr revcatin even when they have had n cllective bargaining agreement fr three years.

20 The Rle and Authrity f the Alberta Relatins Bard Current System The Bard has undefined, discretinary authrity in certain areas. This creates uncertainty fr emplyers that inhibits grwth. This discretin seems t favr the facilitatin f certificatin rather than being neutral. Bard rulings tend t restrict emplyers ability t cmmunicate the impacts that certificatin culd have n their business, even when this infrmatin is hnest and factual.

21 First Cntract Arbitratin Current System Once a unin is certified it must negtiate a cllective agreement. If an impasse is reached in the negtiatin f a first cntract, parties invlved must use a strike r a lckut t break the impasse. Emplyees can de-certify the unin if it fails t negtiate a cllective agreement. First Cntact Arbitratin Under this system mandatry arbitratin can be impsed n emplyers and unins in chases where a new unin is unable t negtiate a cllective agreement. This undermines the cmpetitiveness f business while limiting the rights f emplyees t sber secnd thught.

22 Replacement Wrkers Current System When a unin cmmences a strike, emplyers are permitted t hire temprary replacement wrkers. Emplyers cannt permanently replace wrkers and must guarantee striking wrkers their psitins. This ensures that a business can maintain itself in the face f a strike and can survive t return its larger wrk frce t their jbs. It is imprtant that this system is maintained t keep a balance between emplyer and emplyee s rights and freedms.

23 Questins Are there any reasns that wuld supprt mving t a Card Check system? Hw t yu feel abut first cntract arbitratin vs. the traditinal methds f strike, lckut, and de-certificatin? Which certificatin system best balances the rights f bth the emplyer and emplyee? Is it imprtant fr emplyers t retain the right t hire replacement wrkers? T what extent shuld emplyers be able t cmmunicate their cncerns abut certificatin? What d yu think the rle f the Labur Relatins bard shuld be?

24 What d yu Think? Submit Feedback nline by April 18 rd Fr Emplyment Standards: place-legislatin-review.html Fr Labur Relatins:

25 Thank Yu