Labour briefs

Nurses in Calgary reach agreement after more than a year without a contract / United Steelworkers consider private prosecution after B.C. worker’s death

More than 800 nurses ink deal with Alberta Health Services

CALGARY — More than a year since it began, about 800 nurses at seniors’ homes in Calgary have settled a bitter dispute with their employer and signed a collective agreement.

After enlisting a third-party arbitrator, the Alberta Union of Public Employees (AUPE) and senior care facility operator, Carewest reached a deal on Oct. 10. The nurses had been without a contract since June of 2012.

"It was a difficult process, but in the end, the arbitrator agreed with most of our major arguments," said Susan Slade, AUPE’s vice-president. "All we were asking for was for Carewest staff to be treated equally with Alberta Health Services (AHS) employees."

Over the lifespan of the contract (which expires June 30, 2015), staff will receive a nine per cent wage increase as well as improvements to benefits, which the union said will align Carewest staff with other AHS workers.

Bargaining broke down earlier this year, and when both parties reached an impasse at mediation, they sought an arbitrator to intervene.

Steelworkers consider private prosecution in B.C. worker’s death

MERRITT, B.C. — The United Steelworkers (USW) is considering the pursuit of private prosecution after the B.C. Criminal Justice Branch opted not to lay charges in the death of mine worker John Wilson.

Wilson was killed in February 2008 when his excavator overturned into a tailings dam at Craigmont Mine near Merritt, B.C.

"We have legislation in this country to hold corporations and their executives criminally responsible when workers’ lives are put at risk, but this legislation is not being enforced," said Stephen Hunt, western Canadian director of USW, in a statement.

A B.C. Ministry of Mines investigation into the incident determined the company violated several provisions of the Mines Act and the Health and Safety Reclamation Code for Mines.

The mine’s sump pond was not designed by a qualified professional to accepted engineering standards, a previously ordered survey of the mine site had not been conducted and there was no emergency response team in place at the time of the incident.

However, the Criminal Justice Branch ruled an emergency response team was not legally required and could find no evidence that a survey of the site or better pond design would have avoided the circumstances that caused the excavator to overturn.

"The tragic death of John Wilson is further evidence that charges are required to ensure enforcement of the Westray legislation that was enacted in 2004," Hunt said.

The Westray Bill, officially Bill C-45, was created in the aftermath of the Westray coal mining disaster in Nova Scotia in 1992.

Methane gas ignited, causing an explosion and killing 26 miners. Leading up to the accident the company largely failed to address safety concerns raised by employees, union officials and government inspectors.

Bill C-45 amended the Canadian Criminal Code, establishing new legal duties for workplace health and safety and imposing serious penalties for violations that result in injuries or death. The bill also created new rules for attributing criminal liability to organizations and their representatives.

"When a law isn’t being enforced, it’s incumbent on elected officials at every level of government to fix it. While politicians talk, 1,000 Canadians continue to be killed at work each year. It’s time for real action to protect the safety of every worker in every province," Hunt said.

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