Labour Briefs

Unlawful layoffs at B.C. college / Ottawa introduces TFWP changes

Layoff notices at B.C. college violated contract

TERRACE, B.C. — A college in British Columbia is getting a lesson in following the rules.

After issuing layoff notices to its faculty in 2012, Northwest Community College — based in Terrace, B.C. — was found in violation of the collective agreement, arbitrator Rod Germaine ruled on Jan. 3.

The manner in which layoff notices were given violated the terms and conditions spelled out in the collective agreement, he said. As well, Germaine noted the college’s actions towards individual faculty staff members also led to material losses — and under the arbitrator’s award, meant those employees were entitled to additional relief.

"We knew going into this arbitration that the employer was ignoring the collective agreement," said Cindy Oliver, president of the Federation of Post Secondary Educators of B.C. (FPSE), one of the two unions representing faculty members at the college.

"Unfortunately, the administration at Northwest decided to follow an expensive and time-consuming litigation that has undermined labour relations at the college," added Kevin Rose, national representative for the Canadian Union of Public Employees (CUPE). "Going to arbitration is a very expensive process, and in this case was completely unnecessary. But the administration at NWCC simply ignored our initial advice that their approach to the layoffs was wrong-headed."

Administration at Northwest said they are ready to move on.

"I am pleased with the efforts that have been made by both the college and the union to take collective responsibility and identify solutions what will allow the college to move forward," said Denise Henning, president and CEO of the college. "The administration will continue to work proactively with the unions to ensure that we address the conclusions of the arbitration as determined by (the arbitrator) and by the mutually agreed upon terms and conditions found in our collective agreement."

Further reforms to the Temporary Foreign Worker Program

OTTAWA — Minister of employment and social development and minister for multiculturalism Jason Kenney and citizenship and immigration minister Chris Alexander have announced further changes to the Temporary Foreign Worker Program (TFWP).

The reforms — results of the federal government’s ongoing review of the TFWP — were announced in late 2013.

Regulatory and administrative changes to the program will give the government authority to conduct inspections to ensure employers are meeting the conditions of the program and allow the government to ban non-compliant employers from the program for two years.

"These changes are part of a larger reform of the program that demonstrates our government’s commitment to protect foreign workers from the risk of abuse and exploitation," Alexander said. "One of the goals of the Temporary Foreign Worker Program is to deal with labour shortages on a temporary basis, and these reforms will help ensure that the program is used as intended."

The newly announced reforms will also strengthen criteria for assessing Labour Market Opinion (LMO) and work permit applications. These changes will provide the government with authority to revoke or suspend LMOs, to refuse to process LMO applications, and to revoke or refuse to process work permits.

"We are taking action to ensure that Canadians are always first in line for available jobs," Kenney said of the recent reforms.

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