Labour groups, management wary
Albertan workers will be able to voice their opinions on the state of employment in the province after the government opened up consultations to the public — a move that foreshadows change.
In March, the newly-formed Ministry of Jobs, Skills, Training and Labour launched a review of the province’s Employment Standards Code. First up is consultation with the public.
In its current state, the code could use a tune-up, according to labour minister Thomas Lukaszuk.
"This particular legislation in Alberta hasn’t been reviewed holistically for a while, so what we have is a rather old act that has been modified here and there over time," Lukaszuk explained. "I call it a bunch of Band-Aid solutions."
For instance, it is legal in Alberta for employers to pay certain employees with disabilities less than minimum wage. While Lukaszuk said he has his own opinions on the matter, he will leave it to the public to decide whether this practice should continue.
The move has made waves through both labour and employer groups, which remain wary, not only of the timeline of the review, but also of the government’s intentions.
"My reaction could be summed up in one word, and that word is suspicion," said Gil McGowan, president of the Alberta Federation of Labour (AFL).
However, some form of review is welcome, McGowan notes, adding that Alberta’s is a unique case.
The booming oil-rich province has steadily seen growth, and the most recent numbers from Statistics Canada indicate it was the only province to experience a rise in the employment rate in February — creating more than 18,000 jobs.
"Alberta’s labour market is different, in many respects, than markets in the rest of the country," he explained. "It’s clear to us (some workers), especially in the low wage service sector, are being abused by their employer. They’re being shorted shifts, they’re not being paid overtime, their rights in the workplace are simply not being looked after. So could the Employment Standards Code be tweaked or revised to help reflect the changing reality in Alberta’s labour market? Sure. But it’s not at all clear that that’s what this review is about. In fact, it’s not clear what this review is about at all."
Of further concern is that the window for consultations — a mere six weeks — is not enough to adequately evaluate, prepare and submit suggestions on employment standards.
McGowan recalled the previous Employment Standards Code review — which took place back in 2005 — when no significant changes were made. That months-long process included discussions and meetings that will be missed this time around.
"It’s a ridiculously short amount of time to review something as important as the Employment Standards Code," he said. "There are no face-to-face meetings with the minister, you fill out an online survey and write submissions, but there is no opportunity to present them."
That said, the AFL will make submissions before the six-week consultation period closes. On the docket is the inclusion of the agricultural industry under standardized employment conditions.
"We’re the only province in the country that excludes farm workers from all basic workplace protections," McGowan said, pointing to Brooks, Alta., a town where a rather paradoxical situation has arisen.
On one side of the highway that runs through the town, there is a meatpacking plant, and on the other sits the feedlot which supplies the cattle. While both are owned by the same company, McGowan said feedlot workers qualify as agricultural staff and are therefore not able to join a union, for instance, whereas their peers across the street enjoy basic employment rights.
In management circles, the move is a bolt from the blue.
"It really begs the question: Why now?" said Richard Truscott, the Canadian Federation of Business’s director of provincial affairs for Alberta, who added that the current state of employment standards are fairly balanced.
Should the consultations prompt changes to the code, however, Truscott fears businesses will get the short end of the stick.
"Change could have a big impact, a practical impact on employers. What may be well and good for a big oil and gas company or pipeline company to comply with and implement well — for a small company, you make some changes to these standards and it can cause real issues in terms of providing a flexible work environment, in terms of providing a positive work environment."
And in what is perhaps a rare occurrence, employers and unions are on the same page when it comes to the timing and intentions of such a review.
"It makes us wonder what the governments agenda is," Truscott added, even going as far as to say the consultations could be a means to appease labour groups after quite the combative year. Truscott cited sweeping reforms to public sector pensions and controversial legislation, such as Bills 45 and 46, which changed binding arbitration provisions and spawned a legal challenge.
"They’ve certainly been playing defense in this province over a number of contentious issues," he said. "It leads some people to believe this is a way to smooth some ruffled feathers with organized labour."
For Lukaszuk’s part, it is premature to formulate conclusions before the consultations have wrapped up.
"It’s silly to be complaining about the referee before the puck even drops. If you want to complain about the referee, wait until the game is over," he said.
Albertans will have until April 11 to submit recommendations.
