Ottawa bargained in bad faith with striking diplomats, labour board rules

The Public Service Labour Relations Board ruled Friday that the federal government has been bargaining in bad faith with its striking diplomats

Treasury Board President Tony Clement agreed to binding arbitration but then insisted on a series of preconditions, including taking the union’s key demand for wage parity off the table.

Sean Kilpatrick / THE CANADIAN PRESS file photo  Treasury Board President Tony Clement agreed to binding arbitration but then insisted on a series of preconditions, including taking the union’s key demand for wage parity off the table.

By: Mike Blanchfield The Canadian Press, Published on Fri Sep 13 2013

OTTAWA—The Public Service Labour Relations Board ruled Friday that the federal government has been bargaining in bad faith with its striking diplomats.

Treasury Board violated the Public Service Labour Relations Act by imposing conditions in advance on binding arbitration, the ruling stated.

But in its 27-page decision, the board does not impose a remedy in the long-running saga that universities and tourism groups say has deprived foreign students and travellers from getting the visas they need to come to Canada.

The decision urges Treasury Board and the 1,350-member Professional Association of Foreign Service Officers to go back to bargaining to break the impasse.

“I conclude that the respondent engaged in bad faith bargaining in its approach,” the ruling stated.

“I do not believe that it is conducive to good labour relations to order parties to participate in final and binding determination when such arbitration is voluntary in the first place,” it added.

“I encourage the parties to be guided by my comments in this decision and to renew their attempts at arriving at mutually agreeable conditions.”

The union asked Treasury Board in July to consent to binding arbitration.

Treasury Board President Tony Clement agreed but then insisted on a series of preconditions, including taking the union’s key demand for wage parity off the table.

The foreign service staff want wage parity with their counterparts in other federal departments, who they say make as much as $14,000 more doing similar work.

“It was an impossibility for the complainant to put forward its argument concerning wage parity, which it held throughout the negotiation process,” Friday’s ruling said.

“The respondent’s conditions required the complainant to abandon the position it’s held throughout the negotiations.”

Therefore, the process of going into arbitration “would be moot,” the ruling stated.

The union said Friday it was waiting for Treasury Board to return to the negotiations with a revised offer.

“The time has come for the government to change tack,” union president Tim Edwards said in a statement.

“Our offer to take this dispute to binding arbitration without paralyzing preconditions still stands.”

Treasury Board had yet to issue a statement as of Friday afternoon.

The union which has been without a contract since mid-2011, has been staging rotating walkouts at more than a dozen foreign missions. It has targeted the foreign travel of cabinet ministers and the processing of visas for potential visitors to Canada.

NDP foreign affairs critic Paul Dewar urged the government to get back to the table and bargain in good faith.

“The Conservative government’s bad faith handling of the labour dispute with Canada’s diplomats is hurting the country’s economy and our image abroad. It has hurt our communities and undermined the important work of our diplomats,” Dewar said in a statement.

“Instead of trying to discredit our diplomats, I call on Tony Clement to get back to the negotiation table and resolve this dispute through good faith bargaining.”

Street parties publicize call for $14 minimum wage — just enough to break poverty line

Workers’ groups plan to stage events on the 14th of every month until next spring’s provincial budget.

By: Laurie Monsebraaten Social justice reporter  Sat Sep 14 2013   http://www.thestar.com

Toronto meatpacker Gyula Horvath has to work a gruelling 50 to 60 hours a week to survive on his wages of just $10.25 an hour.

“It’s no good,” the 22-year-old Hungarian immigrant, who is also supporting a wife on his meagre minimum wage earnings, said Saturday. “It’s very hard to pay rent.”

Call centre worker Jenny Kasmalee, 38, can rarely afford new clothing or other personal things on her $10.25 per hour.

“I have always worked for minimum wage,” she said. “It’s not much.”

A minimum wage worker should not be forced to live in poverty, said Lena Evlova, who is self-employed: “There is an argument that if you increase the minimum wage, you will increase spending and you will improve the economy.”

Horvath, Kasmalee and Evlova are among scores of Jane-Finch community residents who signed postcards Saturday asking Premier Kathleen Wynne to raise the minimum wage to $14 an hour. At that rate, someone working 35 hours a week would be able to live 10 per cent above Ontario’s poverty line of about $19,000 after taxes for a single person.

The “street party” for a $14 minimum wage outside the Jane-Finch Mall, and a similar demonstration next to the Dufferin Mall in Toronto’s west end, are part of a province-wide campaign by anti-poverty groups pushing for a higher minimum wage. A provincial panel appointed in July is studying how best to set future minimum wage hikes and is expected to report by December.

The minimum wage campaign, which began Aug. 14, is planning similar days of action across Ontario on the 14th of every month in advance of next spring’s provincial budget, when the Wynne government is expected to weigh in on the matter.

Ontario’s minimum wage has been frozen at $10.25 an hour since 2010. Under the Mike Harris Conservative government, it was $6.85 an hour for nine years before the Liberals began to raise it in 2004. Since then, Ontario’s minimum wage has gone from being one of the lowest in the country to one of the highest.

Alberta has the lowest minimum wage, at $9.95, while Nunavut’s is the highest at $11. Minimum wages in all the other provinces and territories are now at least $10.

Last week, the Ontario Chamber of Commerce reported that its members favour tying minimum-wage increases to inflation rather than the current ad hoc system that relies on government to decide.

But instead of annual increases, which its members felt would be too cumbersome, the business lobby group suggested adjustments every two years.

University of Toronto business professor Anil Verma, who chairs the provincial minimum wage panel, has said members will also look at factors such as economic growth and job productivity.

Angela Rose, 53, who struggled to raise five children while working a variety of low-wage jobs, said young people, especially, need a higher minimum wage.

“It will give children the motivation to work,” she said at the Jane-Finch event, which included Zumba dancing, live music and refreshments of samosas and juice for passersby.

Rose’s youngest son, now 20, is working in a minimum wage job, trying to save up enough money to go to George Brown College, she said.

“It’s hard to save anything when you are making $10.25.”

The campaign to raise the minimum wage is sponsored by a coalition of groups, including Ontario Campaign 2000, Parkdale Community Legal Services, Put Food in the Budget, Social Planning Toronto, Toronto and York Region Labour Council and the Workers’ Action Centre.

Bonfield workers get strong show of support

By GORD YOUNG, The Nugget

Thursday, September 12, 2013 7:13:11 EDT PM

1297466215765_ORIGINAL             Paul Moist, CUPE National President representing 627,000 CUPE members in support of Bonfield Civic members locked out by municipality over a month ago.

BONFIELD – The 627,000 members-strong Canadian Union of Public Employees is digging in its heels following the firing of five striking municipal workers here this week.

The 16 picketing employees were buoyed Thursday by a strong show of solidarity from their national and provincial presidents and other unions and labour groups during a rally outside the municipal office, where they were promised the support needed to outlast the will of the town’s mayor and council.

“I don’t know how long this dispute will go on . . . but we will last one day longer than you to get a collective agreement,” said CUPE national president Paul Moist, his comments directed at Mayor Randy McLaren.

Moist, who was joined at the rally by CUPE Ontario president Fred Hahn and Ontario Federation of Labour president Sid Ryan, described the dismissal of five striking workers over allegations of illegal confinement as an “outrageous” tactic.

And he vowed that CUPE would not settle a collective agreement that does not include the reinstatement of those employees.

The forcible confinement allegations stem from strife between the two sides Aug. 15 outside the parish hall where a special meeting of council was scheduled to take place.

The meeting was cancelled due to protesting picketers and residents upset about the timing and notice of the gathering. And the town claims two councillors and others were prevented from leaving the building for about an hour because the exits were being blocked while the mayor was held up outside. Ontario Provincial Police is investigating, but no charges have been laid. The union has also filed an unfair labour practice complaint regarding the matter.

Both Hahn and Ryan lashed out at McLaren, accusing the mayor of using the dismissals to scare the workers and unnerve the union. But they suggested the move has had the opposite effect, and has served only to strengthen their resolve.

“Someone has decided they’re going to make an example of this round of bargaining,” said Hahn, suggesting the town is upping its tactics and warning that CUPE will follow suit.

He told the striking workers that they’re not alone on the picket line and that CUPE members and those in other unions across Canada are behind them.

In addition, Henri Giroux, president of the North Bay and District CUPE Council, told the workers they can expect more members to support them on the picket line and that

other locals and unions will be asked for donations to help beef up their war chest.

The strike, which rolled into its sixth week Thursday, affects services such as road maintenance, tax payments, building permits, inspections, planning services and general inquiries.

CUPE says key issues are the threat of contracting out and a list of concessions demanded from the municipality including attacks on seniority, training, employment security, scheduling, vacations, sick leave and benefits.

“My message to the mayor is to get back to the bargaining table,” said Ryan, suggesting McLaren is mistaken if he believes he can starve out workers on the picket line or scare them with extreme tactics.

Moist said the union has no intentions of accepting the concessions being sought by the mayor and council. But he suggested the labour dispute could be resolved within hours if a status quo collective agreement, including a fair wage increase, were on the table.

McLaren, however, said the status quo is no longer workable and that the proposal tabled by the town is aimed a changing how it functions. He said Bonfield’s workforce has doubled over the past 15 years and that there still aren’t enough employees to go around due to the entitlements such as sick leave and vacations they receive under the existing collective agreement. He said CUPE argues the town should hire more workers but McLaren said that’s not feasible for a small municipality like Bonfield.

McLaren said he is still hopeful that the union will be forwarding a proposal this week. But he was disappointed to hear that CUPE wants to make the dismissal of the five workers part of the overall bargaining, suggesting the town sees it as a separate issue. McLaren said the town does not want to contract out work. But if the union is digging in for long dispute, he said the town will also have to soon start considering issues such as winter road maintenance.

McJobs, a Launch Pad for Young Workers

Employees of a BC burger joint share hopes, fears and life lessons. Last in a series.

By Pieta Woolley, 13 Sep 2013, Tyee Solutions Society

 

Fast food worker

They can be derided as junk jobs, but for many young British Columbians, days behind a fast-food counter offer the first steps toward grown-up stability. Server photo via Shutterstock.

[Editor’s note: The Tyee Solutions Society’s Pieta Woolley has been writing about the reasons why many graduates of the provincial foster care and child protection system become homeless as young adults. As 620,000 B.C. children and teens return to school, she looks at why the “launch” from adolescence to financially-independent adulthood is proving so hard for so many — not just the most vulnerable — and some ideas about how to help. Today, Woolley explores the ups and downs of that much-maligned first-job setting, the fast food restaurant. Find the entire series here.]

The oniony, greasy smell of deep fryer oil wafts through the air-conditioned air inside the strip mall chain fast-food restaurant. Outside it’s hot and dry and the over-bright summer sun blasts the parking lot. Several cars are lined up at the drive-thru and a trickle of customers visits the counter seeking late afternoon snacks.

This joint is located at the outer reaches of the Lower Mainland, in a small city where family incomes are slightly below the provincial average (because this is a small place where privacy is scarce, The Tyee agreed to conceal the name of the location). Nearby are farms, a reserve, a mill, and the remains of several utopian communes. Life is pleasant here. People work at it. Not least, those who are working here.

The workers at this burger joint — both the Gen Y youth behind the counter, and the restaurant’s Gen X owners — represent B.C.’s uncertain future, where class, race, globalization and age all combine to tell a complicated tale. They’re not classifiable as “at risk” or “vulnerable.” Nor are they the kids who more often show up in articles about tough transitions in Canada: neither the most vulnerable, nor the young but unemployed university grads.

These are B.C.’s mainstream youth, “middle class” by family income standards.

With scant opportunities in the resource sector that traditionally offered good wages straight out of high school, how are they managing the transition from adolescent economic dependence to self-supporting adulthood?

Let’s meet some of them.

The responsible family man

It’s 4 p.m. and Grant, 25, has just finished an eight-hour shift toasting buns and frying chicken. He joins me at a table in the restaurant while his wife and kids — a three-year-old boy and a one-year-old girl — wait in their silver beater car outside. His bright blue eyes are run through with red over his scruffy young man’s beard, and his tight skin gleams. He’s chugging orange pop from a water bottle.

“I don’t see working in fast food. I see working full time,” Grant says, after telling me he’s worked here for one year this week. Before that, he’d patched together part-time jobs in a corner store, at Walmart, mowing lawns, and teaching guitar to support his family. This is the first job that’s offered him full-time hours.

“Seeing my dad with one job for his entire life, that’s how I figured out that it doesn’t matter what job you have,” he tells me. “It matters that you take care of the people you love.”

His dad worked for the mill, a once-flourishing local employer now down to a bare-bones staff. Grant would like to apply for one of its few remaining entry-level union jobs, but he doesn’t have the required high school diploma.

Shuttled with his older brother between their separated parents’ houses, he says he endured beatings from his bigger sibling during unsupervised hours. Short and scrawny as a youngster, he was an easy target for primary school peers to pick on as well, he said; it made him timid.

Then, in Grade 9, he could barely get out of bed. His body craved sleep. And food. He missed the bulk of his classes because of the symptoms of a growth spurt that added 14 inches to his height. No longer was he the smallest kid in his class, but now he was seriously behind his classmates.

A change in B.C. graduation requirements, which would have forced him to re-take much of Grade 9 as prerequisites, thwarted his effort to catch up and finish high school. He gave up.

By 19 he was working part time, building model war figures and learning to play guitar. He was also drinking too much. After a roommate kicked him out, he moved in with his girlfriend. Within a year she was pregnant. He married her “officially” before she gave birth, and after their son was born the couple held a proper wedding, so she could wear a traditional wedding dress.

Recently, Grant says, they took on five roommates to make ends meet, bringing the total house count to 10. That includes his dad, who lives downstairs and pays half the mortgage after helping them with a down payment. It’s too tight, Grant notes — a mistake he says he hopes not to repeat.

So far, Grant says, he’s learned three things.

First, he’s not good with money. Working at the corner store, he believed he figured out how to win at Keno, and spent his evenings playing and, surprisingly, winning. In six weeks, he claims, he’d collected more than $3,000, which he blew on several generous presents.

Second, his only regret is not learning to play the guitar earlier. He loves it, he’s good at it, and he writes his own songs. And, he believes, it would have helped his popularity and cut down on the bullying in high school.

Third, he believes that greater social problems stem from his generation’s working poverty. Youth can never strike out on their own on part-time wages. Forced to exchange dependence on their parents for dependence on roommates, he thinks, he and his peers enjoy no chance for self-discovery or self-definition.

Going back to school is not on his to-do list, even though he knows how many jobs are closed to him for lack of graduating. “I didn’t enjoy high school,” he says. “It’s like piano lessons. I use the skills I learned, but I don’t plan on continuing.”

From the outside, Grant’s life may seem precarious, even short-sighted. But that misses too much. Instead, the young family man has built a life around music, steady work, the dignity of responsibility, and an appreciation for being surrounded by people who love him.

The quiet Aboriginal superstar

Rose, 20, meets me at a coffee shop on her way out of town. She’s jangling a handful of keys: one of them is to her new basement suite three hours away. She’s on her way to move in. Petite with a broad, soft face and very straight, thick hair, Rose is no-nonsense. She’s about to enter her second year in indigenous studies at a Victoria college, aiming for a degree in social work. Her boyfriend — and roommate — is studying indigenous business leadership.

Growing up on the reserve, Rose was surrounded by peers who weren’t as driven as she was. Now, she says, many of them are floundering: not skilled enough to find decent work, but too frightened to leave home for school.

So what made the difference between her and her peers?

“I think it just has to do with their parents. Mine made sure we were awake, and that we were getting ready for school. They drove us to school if we missed the bus. In First Nations communities, a lot of parents are too involved in their own life to think about the kids,” she says without judgment.

Rose’s mom went to college; she’s a kindergarten teacher. Her father works as a logger and serves on the band council. Both of her older sisters went to university. Her younger brother is planning to get his bachelor of sciences.

Rose, who was a very shy child, credits some of her willingness to pursue a life off the reserve to an exchange program in Grade 9. She was chosen to live overseas with a French family. Succeeding in such a profoundly different environment and forming a bond with her host family, she recalls, allowed her to open up. After graduation, she returned and stayed with her French family for the entire summer.

“I feel like growing up happened really fast,” she says. “I didn’t have time to process it. After Europe, I came back just in time to move out [for first year at college]. I didn’t even have the chance to say goodbye to friends.”

She’s spent this summer as a cashier, and saved every minimum-wage penny. Between her summer earnings, shared rent, and the grants her Indian status allows her, she’ll manage to scrape by at school. But money is much tighter now than when her sister went to college — on the same grants — 15 years ago, she explains. “I just pay for food and rent and laundry, and that’s about what it covers,” she says.

For Rose, working in fast food is about more than money. Dealing with people when their order is wrong and they get mad forces her “to think about what to say, about how to fix things,” she says.

It’s a skill she expects to need in her planned career. Rose’s aunt is a social worker on the local reserve, and has warned her it can be very stressful.

“I just want to help people in any way I can,” says Rose. “I want to be remembered by the way I helped even one person in a significant way.”

The once competitive gymnast hopeful

Immediately after her last shift ever, Maria, 19, shed her drive-thru head set and polyester uniform, got into denim short-shorts and a violet top, and ran across the parking lot to visit her boyfriend, a barista at Starbucks. She graduated high school with the class of 2012, and has been working the take-out window ever since.

But next week she’s off for an eight-month esthetics course: hair styling, massage, skin care, make-up and nails. It’s a ticket to travel and work anywhere, even at resorts, she says. She doesn’t know how much esthetics pays, but she doesn’t care either. It’s fun work. She loves fashion.

Maria’s parents divorced when she was six. Her father is a paramedic and her mom a medical secretary. They pushed their kids to succeed. Maria’s older brother has his carpentry ticket.

At age six, Maria began a competitive gymnastics career that took her within sight of the national team. She was a favourite coach at the club and it was a great job, for a while.

Then one day two years ago, dismounting off the parallel bars, she landed with a straight leg and hyperextended her knee. It was never the same. Now, a build-up of knee cartilage means her competitive years are over.

“Everyone thought I’d be a teacher,” she said, mentioning jubilantly that she’d loved high school. “I was a really good gymnastics coach. But after six years, I was sick of teaching.”

Esthetics, a practical career that suits her interests — with a short and affordable course — appeals now. This fall, Maria and her boyfriend will both be going to the same school, where he’s planning to become a nurse.

“Moving away from home is scary,” she reports. “Oh my god! Sometimes I wonder what I am doing. I had a hard time after I graduated. I didn’t know what to do. Taking a year off really helped.”

Salaries tend to be dismal for estheticians, especially without advanced training. But it’s likely Maria will figure that out and jump to the next thing — and probably nail her landing.

The last lucky generation

The chain restaurant franchise belongs to Nadia and Mike. They’re both 38, and have three kids, the oldest one in university. That’s right: spring break of her Grade 12 year, Nadia had her first baby.

It was 1992. Despite the socially dreaded “teen pregnancy,” and unlike Grant, Rose or the other kids who work for them now, Mike and Nadia were making enough back then to start an independent life.

To take care of his new family Mike got a job at the mill. The money was great: he was pulling in $3,000 a month, after taxes, with no post-secondary school. Nadia stayed home to look after their daughter. For a time, life was straightforward.

Then Mike got laid off.

The duo moved across the Lower Mainland so Mike could go to school. She worked as a cashier in a fast food restaurant while he finished his accounting diploma. Money was tight and their family support was 200 kilometres away.

At 18, Nadia clued in to how important income is to family stability. “I realized what money stress is,” she says. “Do I hate you [Mike]? Or is it just money stress?”

Even after her husband started working for the federal government, their finances were stretched to the limit. Between rent, utilities, groceries and one car, every penny disappeared.

“This was in the era before credit cards and cell phones [were universal accessories]. Things were simpler then,” says Mike. He notes that his young employees spend heavily on cell phones and travel, luxuries that were beyond his dreams until recently. “Now there’s all that money that just pours out on a daily basis.”

Two more kids later, the young family moved home to this small city where houses are cheaper and opportunity wide open. In 2007, they bought the restaurant franchise.

A front-row seat to Gen-Y angst

At an age when many Vancouver parents are strolling their first baby around the Seawall in a Bugaboo, Mike and Nadia are nearing the finish line. At work however, they feel they’re perpetually parenting their motley crew of late teens and aspiring young adults.

It’s a very different generation from their own, they report, with very different struggles. For one thing, Nadia says, “When I started working, whatever your boss asked you to do, you did… I asked one new employee to do the dishes the other day. He said, ‘No, I don’t feel like it.’

“We fired a kid recently; he said he’d rather argue with us about his job than actually work.”

Firings are rare, though. Nadia and Mike see their role as many teens’ first boss to be one of mentorship. But Nadia has had to pull back in frustration from her initial impulse to help the most troubled kids.

The couple has hired several former and current foster kids, but none stayed long. Nadia recalls one young woman whom she hired in spite of a pierced and shabby appearance. She kept the teen on even when she showed up drunk for several shifts. Nadia finally had to let the girl go when she punched through a window at the restaurant after a fight with her boyfriend — but only after she drove her ex-employee to the hospital.

They hired another young man in the foster care system, but his home life was so unstable he wasn’t reliably appearing at work, and they eventually lost track of him. Yet another foster kid started work, but stopped showing up for her shifts.

She says they’ve also seen an influx of job applicants with autism and other diagnoses: ADHD, epilepsy, Fetal Alcohol Spectrum Disorder. Some have worked out as employees. A cook in his mid-30s has Asperger’s syndrome, which they’ve been able to help him manage at work. Another older employee, a former foster kid, overcame fetal alcohol syndrome to become a manager, but was eventually let go when his own alcoholism affected his work.

But in Nadia’s view, simply getting kids working — especially in a busy, typical first job — would go a long way to getting Gen Y past its failure to launch.

“It teaches them how to manage their money, what life is like, it gets them over the idea that life is easy,” she notes. “The school system and parents can do a better job, simply by letting them fail every once in a while.”  [Tyee]

Entering Trans-Pacific Partnership would boost exports by $15.7 billion: report

2013-09-11   http://www.canplastics.com


Canadian exports could grow by as much as $15.7-billion if the federal government pulls the trigger on entering into the Trans-Pacific Partnership (TPP), according to the Fraser Institute.

According to a new study from the public policy think-tank, joining the TPP would provide a huge boost to the national economy and help move Canada away from its dependence on the United States as a trading partner.

“With the Conservative government signalling that international trade is a top priority, the TPP offers a chance for Canada to gain a foothold in the prosperous and growing Asian markets and move the country away from trade dependence on the United States,” international trade specialist and study co-author Laura Dawson said in a statement. “Participating in the TPP is also important to safeguard Canada’s current trade agreements, particularly (the North American Free Trade Agreement) NAFTA.”

While Dawson calculates that the TPP could provide a $9.9-billion increase in Canada’s gross domestic product (GDP), she said the agreement could be equally as important in shaping the rules of future trade agreements and ensuring gains already made, such as NAFTA, are protected so Canada does not have to undertake costly reforms to adapt to a new system.

“The era of easy trade policy gains may be over but the disciplines imposed by the TPP on investment, regulatory alignment, rules of origin and market access will, in the longer term, help increase certainty, reduce risk, and lower costs for Canadian exporters and investors in emerging markets,” Dawson said.

Entering the TPP trade agreement would secure a trade alliance between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore the U.S. and Vietnam, representing a combined economy of more than $27-trillion and about one third of global trade.

Additionally, the TPP has the potential to expand to include all Asia-Pacific Economic Cooperation (APEC) countries, providing for greater market-access gains in the future, the study.

“A significant attraction of the TPP is engaging China,” Dawson continued. “If China were to join, the TPP would become the first regional agreement to include the world’s three largest economies: the United States, China and Japan.”

The study also notes that when Canada negotiated the NAFTA and World Trade Organization (WTO) agreements in the early 1990s, issues such as electronic commerce, digital media and third-party logistics had not yet entered the commercial mainstream.

The TPP agreement provides a platform for discussing and resolving these and other emerging issues.

“If Ottawa is serious about diversifying Canada’s trade relationships, then TPP membership is a golden opportunity to do so,” Dawson said.

The full report can be accessed here.