LRB Decision is "Victory for Free Expression" says AFL

Yesterday's decision by the Labour Relations Board (LRB) to strike down the section of the Labour Relations Code banning secondary picketing is an important victory for workers and for freedom of expression, says the Alberta Federation of Labour. The AFL was commenting on the ruling released that deems section 82 of the Labour Relations Code as contravening the Charter of Rights and Freedoms and therefore inoperative.

The LRB decision affects the ongoing strike between Brewers Distributers Limited (BDL) and CAW Local 285 members. The union was asking for permission to picket the MTE Logistix warehouse, which is contracted to distribute all Molson and Labatt beer. Originally, the LRB had denied workers the right to secondary picket at the warehouse. They are now allowed to picket the location.

"This is a watershed decision," says AFL President Audrey Cormack. "The Labour Relations Board has, for once, stood up for workers' right to picket."

"We have said for years that Alberta's ban on secondary picketing is too broad and infringes on the right to free expression. And today we have been confirmed by the Board."

The LRB decided that section 82 is "overbroad" and "goes beyond the protection of bystanders to the conflict and erects an absolute prohibition on expression through picketing..." It says this sweeping ban is not justified under the Charter of Rights. It goes on to say the section shields "ally employers" from the consequences of participating in a labour dispute.

"In Alberta, employers have an unfair advantage because the law shields them from playing fair," says Cormack. "BDL and other employers have used the law to unfairly avoid bargaining in good faith with workers. Maybe this decision will mark a new trend to more fairness."

Cormack called on the government to accept the decision and not appeal to the courts. "They should acknowledge this decision and re-write section 82 so it complies with the Charter."

"When the striking CAW members start picketing the MTE warehouse, I'll be with them. It is a hard-won victory that I hope will help them get a good settlement."


For further information contact:

Audrey Cormack, President     @     483-3021 wk/ 499-6530 cell/ 428-9367 hm

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Thousands of Albertans are still being denied basic workplace rights

EDMONTON - The changes to Alberta's Employment Standards regulations announced yesterday prove that the Klein government is more interested in catering to the whims of employers than protecting the rights of working people, says a spokesman for Alberta's largest labour organization.

Les Steel, Secretary Treasurer of the Alberta Federation of Labour, says the new regulations unveiled yesterday afternoon by a government regulatory review committee amount to a "betrayal of working people" - especially the thousands of people working in the oilfield servicing industry.

Under the new rules, employers will finally be required to pay domestic workers such as nannies at least the minimum wage. Ambulance attendants will also be given a break - they will be guaranteed at least four days free from on-call duties each month.

But that's where the good news for workers ends. Once the new regulations are implemented on July 1, people working in oilfield servicing and fish farming will be denied all protection under the Employment Standards Code - which sets out rules for things like maximum hours of work, overtime pay, vacations and the minimum wage.

Oilfield workers will be particularly hard hit. Under the old rules, there was a 12-hour limit on the length of time these people could be required to work in a given day. Now that limit has been removed entirely - opening the door for 14, 16 or even 18-hour shifts.

"The government review committee said their goal was to 'update and streamline' this province's basic workplace rules," says Steel. "But - with a few small exceptions - the committee is actually moving labour law in Alberta backward not forward. The exemption of oilfield service workers is particularly serious - it's an accident waiting to happen. If people are forced to work too long, injuries and deaths will increase, it's as simple as that."

Steel says the big problem with Alberta's Employment Standards law is that it exempts whole industries and categories of workers - leaving thousands of workers without even the minimum protections guaranteed by the Code.

For example, all agricultural workers and many salespeople are exempt from the Code. Other workers are exempt from certain sections of the Code. Domestic workers for example are still not entitled to over-time pay.

"The position of the AFL is that there should be no exemptions to the basic floor of rights established by the Employment Standards Code," says Steel. "Every exemption granted weakens that floor of rights not just for the workers involved but for the entire Alberta workforce."

Steel says the latest regulatory changes prove that the current Alberta government will always put the interests of employers ahead of the interest of workers - especially when the employers are from the influential oil and gas industry.

"What good are workplace rules like the Employment Standards Code if the government is willing to set them aside every time an industry asks for special treatment?" asks Steel. "We think the time has come for all employers in this province to follow the same basic rules - with no exceptions. These latest changes are clearly a step in the wrong direction."


For more information call:

Les Steel, Secretary Treasurer @ 483-3021 (wk)

or

Gil McGowan, Director of Communications @ 483-3021 (wk)

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Government is sadly mistaken if it thinks unions can be fined into submission

EDMONTON - The Alberta government and the Provincial Health Authorities of Alberta (PHAA) are sadly mistaken if they think large fines will stop unions from doing what's necessary to protect the interests of their members, says the president of Alberta's largest labour organization.

"They've got another thing coming if they think they can fine the labour movement into submission," says Audrey Cormack, president of the Alberta Federation of Labour. "We at the AFL will stand behind AUPE and its members because we believe they did the right thing. If that means helping AUPE or other unions find the money to pay fines, then that's what we'll do."

Cormack's comments were made in response to the large fines levied against the Alberta Union of Provincial Employees (AUPE) for their recent two-day hospital strike. She was also responding to comments made by Clint Dunford, Minister of Human Resources, who warned that the government will take even stronger action to stop similar strikes in the future.

Late last week, AUPE was found guilty of contempt of court for violating a "cease and desist" order from the Alberta Labour Relations Board. As part of its ruling, the Court of Queen's Bench imposed a fine of $400,000 on AUPE for staging a two-day strike at hospitals and health facilities across the province.

Cormack says the fines are unfair because Alberta's harsh labour laws left the union and its members with no choice but to strike.

"Under Alberta's current labour law, the deck is stacked against unions and the workers they represent," says Cormack. "If AUPE had played by the rules, they would never have been able to win a fair settlement for their members. Given this reality, they had no choice but to do what they did."

According to Cormack, one of the biggest problems with Alberta's current labour laws is that almost all provincial public sector workers are deemed "essential" and therefore denied the right to strike. The problem with this arrangement, says Cormack, is that it removes all incentive from employers to bargain in good faith.

"When public sector workers go to the bargaining table in Alberta it's like banging their heads against a brick wall," says Cormack. "Without the right to strike, unions like AUPE have no leverage and are severely restricted in their ability to defend the interests of their members. That's why the strike took place over the past two days.

"Instead of fining AUPE, the government should look at the hospital strike as an important learning experience.

"What this whole situation really shows us is that Alberta's labour laws are deeply flawed. If the government wants to stop this kind of thing from happening in the future, they shouldn't turn to fines and other penalties. What they should do instead is consider legislative changes that establish a more even playing field for negotiations."


For more information call:

Audrey Cormack, President     @     483-3021(wk)/499-6530 (cell)/428-9367 (hm)

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Tories are "reaping what they have sown" with health care strike

EDMONTON - The strike that is currently crippling hospitals across the province is a clear example of the provincial government "reaping what it has sown," says the president of Alberta's largest labour organization.

Audrey Cormack, president of the Alberta Federation of Labour, says that the Alberta government created the conditions for a labour dispute in the health care sector by enacting harsh labour laws that blatantly favour employers and by starving the health care system of badly needed funds.

"By making it illegal for these workers to strike, the government has essentially created an environment in which employers hold all the cards. The regional health authorities have no incentive to bargain in good faith," says Cormack.

"This problem has been compounded by budget cuts and chronic under-funding. People working in hospitals and nursing homes across the province are constantly be asked to worker harder while earning less. This kind of situation can only go on so long before the workers involved reach a breaking point."

Under Alberta labour law, most provincial government workers - including the majority of health care workers currently on the picket line - are deemed "essential" and, therefore, denied the right-to-strike. Instead of strikes, disputes are sent to government-appointed arbitration panels which draft settlements that are binding on both the workers and the employer.

"The problem with the arbitration process is that it tilts the field in favour of the employer and undermines the entire bargaining process," says Cormack. "The employers know the government appointees on the arbitration panels will rule in their favour - so they have no real incentive to bargain in good faith. That's why the regional health authorities are just starting to bargain now - the strike is finally forcing them to take the workers seriously."

As a result of the arbitration process and the ban on strikes for public sector workers, Cormack says licensed practical nurses and other health care workers in Alberta have fallen far behind their counterparts in other provinces in terms of wages and benefits. But she says it doesn't have to be this way.

"If the government really wants to settle this dispute quickly they should do two things," says Cormack. "In the short term, they should allocate more of the provincial government's huge budget surplus to health care so that the regional health authorities can afford to give their employees fair wage increases. In the longer term, what's needed are major changes to Alberta labour laws. Without the right to strike, employers will continue to ignore the legitimate demands of health care workers and these workers will continue to be paid far less than they deserve."


For more information:

Audrey Cormack, AFL President   @   (780) 499-6530 (cell)/483-3021 (wk)/428-9367 (hm)

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AUPE dispute proves that Alberta labour laws are deeply flawed

EDMONTON - There are many lessons to be learned from the two-day strike that crippled hospitals across the province earlier this week - but the most important one is that Alberta's labour laws are deeply flawed, says Audrey Cormack, president of the Alberta Federation of Labour.

"We're extremely pleased that a settlement has been reached that addresses the concerns of the health care workers involved," says Cormack. "But the bottom line is that this was a strike that could have been avoided. If Alberta had better labour laws, these workers probably would not have walked off the job and patients would not have been inconvenienced."

Cormack focused her criticism on the Public Service Employee Relations Act (PSERA) the law that governs labour relations in the provincial public sector.

Under this law, almost all provincial government workers - from clerks and janitors to technicians and nurses - are deemed "essential" and therefore denied the right to strike. Unions can still bargain for contracts, but if negotiations reach an impasse the dispute is sent to a government-appointed arbitration panel which drafts a settlement that is binding on both parties.

The problem with this arrangement is that the arbitration panels are made up of three members - one chosen by the union, one chosen by the government and one chosen by the employer (who is either the government itself or an agency of the government). The result is a panel that always votes two-to-one against the union.

To make matters worse, PSERA severely restricts the issues that can be dealt with by the arbitration panels. For example, basic workplace issues like pensions, workload, contracting out and job classification cannot be discussed. As a result, people employed in workplaces governed by PSERA have been left with absolutely no avenues to pursue a wide range of common and legitimate workplace concerns.

"PSERA is probably the most draconian piece of labour legislation in the country," says Cormack. "It doesn't just tip the playing field in favour of employers, it sets up a game in which the workers can never win."

Knowing that the deck is stacked in their favour, Cormack says public sector employers - such as the regional health authorities - usually refuse to bargain in good faith. Instead, they simply wait for the dispute to be referred to an arbitration panel where they know the workers concerns will be tossed aside.

"The law is so bad and so unfair that it was only a matter of time before workers and their unions said 'enough is enough'," says Cormack, adding that the built-in unfairness of PSERA is the reason why Alberta health care workers have fallen so far behind the wages of their counterparts in other provinces.

After reviewing the lessons of Alberta's latest health care strike, Cormack says what's obviously needed is a new labour law that gives public sector workers the right to strike.

"Once the workers actually went on strike, the regional health authorities finally started to bargain and an agreement was reached in just two days," says Cormack. "If the unions had the right to strike, the government would have taken the negotiations much more seriously from the start and an agreement probably could have been reached without job action. That's the lesson of this whole situation - a strike probably could have been avoided if the workers involved had the right to strike.


For more information call:

Audrey Cormack, President     @     483-3021(wk)/499-6530 (cell)/428-9367 (hm)

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WCB President Received 39% Pay Increase in 1999, AFL Highlights

The Alberta Federation of Labour revealed today that WCB President and CEO Mary Cameron received a 39% pay increase in 1999. Also, WCB sources inform the AFL that the Board of Directors approved another substantial pay increase for the year 2000.

In 1999, Cameron earned a total of $355,699. This is up from $256,663 in 1998, her first year as CEO of WCB.

"What message does it send to injured workers who are forced to go on welfare while awaiting just resolution of their claim to hear that the President made almost $400,000 last year?" asks AFL President Audrey Cormack. "It looks bad."

Cormack also says that WCB sources informed the AFL that the Board recently approved another pay increase for Cameron to an undisclosed amount. "When will all this generosity make its way down to injured workers?"

"It is a double standard," observes Cormack. "Injured worker benefits are capped at 90% of $48,600, yet there is apparently no ceiling for how high the CEO's salary can go."

Cormack believes the huge salary jump is just the latest indicator that the WCB has forgotten why it exists.

"At the moment, the WCB is an organization under a black cloud. Injured workers and employers have serious concerns about the operation of WCB in Alberta," says Audrey Cormack, President of the AFL. "The WCB has forgotten why they exist - to pay fair benefits to workers injured on the job."

Cormack says she does not begrudge the WCB President from earning a reasonable salary for their job, but adds that almost $400,000 is excessive. In 1997, former WCB CEO John Cowell earned $366,287, plus received a $580,294 severance package.

Cormack calls on Cameron to release the details of her contract with WCB, including any severance provisions and other perks.

"This is a publicly owned organization, and to that end, it should operate with complete openness to the people who run it - the people of Alberta." Cormack concludes.


For more information contact:

Audrey M. Cormack, President @ (780) 499-6530 (cell) 483-3021 (wk)

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Day of Mourning Is a Day to Remember and Make Change Happen

Friday April 28 will mark the 5th International Day of Mourning. Commemorated around the world, the Day of Mourning highlights the loss of thousands of workers every year to fatal accidents and occupational disease. In Alberta, Day of Mourning is expected to be the largest since its inception, with tens of thousands of workers participating in events around the province.

"People should not have to live with the fear that they or their loved one may not arrive back home at the end of the work day," says Audrey Cormack, President of the Alberta Federation of Labour. "We mark April 28 to remind our community that working shouldn't be a cause of death."

"Day of Mourning is partly about remembrance and partly about making change happen," says Cormack. "We do not want the workers who we have lost at work to be forgotten. We want their memory to carry us forward to prevent anyone else from losing their life at work."

Tens of thousands of workers in Alberta will be commemorating the day at their worksite with a minute of silence, black armbands, flags at half-mast or some other form of small ceremony. There will also be larger events open to the public in most centres around the province.

"Very few people know that at least 2 workers in Alberta are killed at work every week. Around the world, a worker is killed every 30 seconds," says Cormack. "Last year 114 Alberta workers were killed. Each one of those workers had a family and friends who now mourn them. Their deaths were all preventable."

Day of Mourning has its origins in Canada. It was first proclaimed in Parliament in 1986. Since then it has become an international event, with over 70 countries marking the day as the time to remember workers killed on the job.

"My hope is that Day of Mourning can act as the catalyst to change attitudes and policies around workplace safety, so that one day, no one has to die because they worked for a living."


For more information contact:

Audrey M. Cormack, President  at (780) 499-6530  (cell)

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Double the Workplace Deaths, Half the Government Funding

On the eve of the 5th International Day of Mourning, the Alberta Federation of Labour released calculations showing that government funding for Occupational Health and Safety enforcement is a fraction what it was ten years ago. They also highlighted that the number of fatal accidents on the job has doubled since this time last year.

As we commemorate another Day of Mourning, it saddens me to observe that workplace death in Alberta is the worst it has been in decades," says AFL President Audrey Cormack. "This government is not taking the safety of workers in Alberta seriously."

Cormack observes that there have been 19 fatal accidents on Alberta worksites so far in 2000. At this time last year, there were only 10. In recent years, worksite fatalities have been at record highs. During the past three years 339 workers were killed due to fatal accidents and occupational diseases. "I fear that the year 2000 will bring more worker deaths than ever. It is a tragic way to begin a new century," notes Cormack.

Cormack states the cause of the increase in workplace deaths is the failure of the Alberta government to enforce health and safety laws. "There is no political will on the part of this government to make sure workers are safe. They would rather let employers police themselves."

The AFL released calculations, based upon government figures, showing that during the past ten years, Occupational Health and Safety has been cut dramatically by the government. Ten years ago, the government spent $10.61 per worker (in 2000 dollars) on health and safety. This year, this amount is only $4.36.

In ten years the government health and safety budget dropped from $12.2 million, to only $7.2 million currently. This amounts to a 42% budget cut in ten years.

"When you factor in inflation and growth in the labour force, the Alberta government is spending a fraction of what it did in 1991," observes Cormack. "Less than $5 per worker is allocated to keeping workplaces safe and workers alive."

An indication of the problems is that there is inadequate staff to handle the workload. There are 58 Health and Safety Officers to handle every workplace in the province. "The department has a policy of assigning two officers to investigate every fatality," observes Cormack. "With the current number of fatalities, almost every officer is investigating a fatality, leaving virtually nobody to do inspections or less serious investigations."

"It should be no surprise to us that we are seeing a dramatic increase in the number of worker deaths and other serious workplace accidents," concludes Cormack.

Alberta Government Health and Safety Spending Per Worker (Year 2000$)

 


Source: Alberta Public Accounts, Government Estimates, Labour Force Statistics, Consumer Price Index

Fiscal Year Occupational Health
and Safety Budget
($000s)
1990-91 $12,015
1991-92 $12,198
1992-93 $12,331
1993-94 $11,300
1994-95 $10,405
1995-96 $9,581
1996-97 $6,716
1997-98 $6,123
1998-99 $6,345
1999-00 $6,770
2000-01 $7,206

Source: Alberta Public Accounts, Government Estimates


For more information call:

Audrey M. Cormack, President @ (780)499-6530 (cell) 483-3021 (wk)

Jason Foster, AFL      @483-3021

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City Hall Ceremony Highlights Day of Mourning

Friday, April 28 will mark the fifth International Day of Mourning. Begun in Canada in the mid-1980s, the Day of Mourning is a day to remember those people killed at or because of work.

One of the highlights of the day is an evening candle ceremony at Edmonton City Hall organized by the Alberta Federation of Labour, Edmonton and District Labour Council, Alberta Building Trades Council and the United Nurses of Alberta.
Friday, April 28 - 7:00 pm to 8:30 pm
City Hall (1 Sir Winston Churchill Square)

The event mixes cultural performances with speakers and a candle lighting to commemorate the Day of Mourning. Evocative visual images make up an important piece of the ceremony. Also, the City of Edmonton proclamation of the day will be presented.

"Day of Mourning is partly about remembrance and partly about making change happen," says Audrey Cormack, President of the Alberta Federation of Labour. "We do not want the workers who we have lost at work to be forgotten. We want their memory to carry us forward to prevent anyone else from losing their life at work."

Tens of thousands of workers will be commemorating the day at their worksite with a minute of silence, black armbands, flags at half-mast or some other form of small ceremony.

Day of Mourning has its origins in Canada. It was first proclaimed in Parliament in 1986. Since then it has become an international event, with over 70 countries marking the day as the time to remember workers killed on the job.

In Alberta, more than 2 workers are killed every week. A worker is killed every 30 seconds around the world. The purpose of Day of Mourning is to find ways to bring those numbers down.


For more information call:

Audrey M. Cormack, President  @  (780) 499-6530 (cell)

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AFL Calls for Boycott of Molson, Labatt in Northern Alberta

The Alberta Federation of Labour is endorsing a boycott of Molson and Labatt products for the duration of the labour dispute at Brewers Distributors Limited (BDL) in Edmonton. The AFL is asking Albertans to not purchase Labatt or Molson products in bars, restaurants or liquor stores throughout Northern Alberta.

"We know that any Molson and Labatt beer purchased from Red Deer north will have been delivered by non-union replacement workers," says Audrey Cormack, President of the AFL. "We are asking Albertans to find other options until the workers at the Edmonton warehouse are back at work."

"We need to send a message to Molson and Labatt," states Cormack. "Profits at the two breweries are hefty, yet they want their workers to suffer a huge 30% wage rollback."

"We are urging Albertans to use their pocket books to let the two breweries know that this kind of greedy profit-taking is not acceptable. Maybe if their sales plummet, they will realize the need to treat workers fairly."

The AFL will be sending a list of brands currently distributed by BDL to all of its members. The AFL currently represents 120,000 workers across Alberta.  The boycott does not apply to southern Alberta, where unionized workers at the Calgary warehouse are still at work.

Distribution workers at BDL were locked out last week. The union is asking for wage increases to keep up with inflation. The employer is asking for 30% cuts in pay and other concessions.

"I personally find the taste of Molson and Labatt is a bit sour these days due to their bully tactics against their workers," concludes Cormack.


For more information call:

Audrey M. Cormack, President  @  (780) 499-6530 (cell) /483-3021 (wk) 428-9367 (hm)

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