Tuesday, April 25, 2006

[IWS] CANADA: Weekly Work Report 24 April 2006

IWS Documented News Service
_______________________________
Institute for Workplace Studies Professor Samuel B. Bacharach
School of Industrial & Labor Relations Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor Stuart Basefsky
New York, NY 10016 Director, IWS News Bureau
________________________________________________________________________

(The following is courtesy of the Centre for Industrial Relations, University of Toronto).

Weekly Work Report for the Week of April 24, 2006

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APRIL 28: DAY OF MOURNING FOR THOSE INJURED OR KILLED IN THE WORKPLACE: Begun by the Canadian Labour Congress in 1983, April 28 was officially established by the federal Day of Mourning Act in 1991. The Act specifies: “Throughout Canada, in each and every year, the 28th day of April shall be known under the name of "Day of Mourning for Persons Killed or Injured in the Workplace". April 28 is now marked in more than 80 countries; in the U.S. it is known as Workers Memorial Day.

CBC News has prepared an in-depth report called Dying for a Job, with extensive links to Canadian occupational health websites. Using unpublished data from provincial workplace safety insurance boards, a CBC investigative report into the high rates of workplace violence for health care and social assistance workers claims that such workers make more claims for injuries related to workplace violence than do police officers. Among the highest rates: Nova Scotia, where health care and social assistance workers reported 3.59 violent incidents per 1,000 workers between 1994 and 2004; in Ontario, 5,333 violent incidents were reported by heath care and social assistance workers between the years 1997 and 2004, representing 1.21 incidents per 1,000 workers, causing 24.5 lost days per 1,000 workers due to violence.


LINKS:

Fact sheet: Why we need a day of mourning (2 pages, PDF) at the Ontario Federation of Labour website at < http://ofl.ca/uploads/library/health_safety/DAYMOURNING.PDF>

CBC In-Depth website Dying for a Job at < http://www.cbc.ca/news/background/workplace-safety/> , including

“Health, social services workers top targets of violence” at < http://www.cbc.ca/story/canada/national/2006/04/24/workplace-violence060424.html >

NUPGE press release includes day of mourning ceremonies across Canada at < http://www.nupge.ca/news_2006/n25ap06b.htm>

Links to worldwide websites re April 28 at < http://www.hazards.org/wmd/wmdlinks.htm>

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PSYCHOLOGICAL HARASSMENT DECISIONS IN QUEBEC: In June of 2004 the Quebec government passed legislation to ensure that employees have a right to a workplace free of psychological harassment. If a complaint brought before the Commission des norms du travail is not resolved, it goes to the Commission des relations du travail for a final decision. To date two decisions have been handed down by the Commission des relations du travail. They suggest that while insults and disrespectful language constitute psychological harassment, legitimate demands of the employer and personality conflicts do not.

LINKS:

First Decisions of the Commission des relations du travail on Psychological Harassment (3 pages, HTML) at the Ogilvy Renault website at < http://www.ogilvyrenault.com/en/ResourceCenter/ResourceCenterDetails.aspx?id=1090&pId=29 >

Ganley c. 9123-8014 Québec inc. (Subway Sandwiches & Salades) c. 9155-9047 Québec inc., 2006 QCCRT 0020, 122-123.6Lnt (4 pages, PDF) (French only) at < http://www.crt.gouv.qc.ca/decisions/2006/2006QCCRT0020.pdf>

Bourque c. Centre de santé des Etchemins, 2006 QCCRT 0104, 123.6Lnt (7 pages, PDF) (French only) at < http://www.crt.gouv.qc.ca/decisions/2006/2006QCCRT0104.pdf>

New prohibitions against psychological harassment in Quebec (November 2004) at the Blakes Cassels and Graydon website at < http://www.blakes.com/english/publications/leb/Nov2004/NewProhibitions.asp >

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CHANGES TO QUEBEC’S SMOKING LEGISLATION COMING: On May 31st amendments to Quebec’s Tobacco Act will come into force. The amendments will make it easier to prosecute violations of the act by requiring a company to prove that it did not tolerate smoking in non-smoking areas ­ previously prosecutors had to prove that the employer knew that smoking occurred and allowed it. Further, not only the company that allowed the violation, but also individuals in the company, can be held liable. The amendments also require that vehicles carrying two or more persons be smoke free and that designated smoking areas be eliminated by May 31st, 2008. Bill 112, The Act to amend the Tobacco Act and other legislative provisions was assented to on June 17, 2005.

LINKS:

Bill 112, The Act to amend the Tobacco Act (in English) at < http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=5&file=2005C29A.PDF >

Bill 112: More than a smokescreen (3 pages, HTML) at the Ogilvy Renault website at < http://www.ogilvyrenault.com/en/ResourceCenter/ResourceCenterDetails.aspx?id=1085&pId=29 >

Ban the butt: global anti-smoking efforts at the CBC In Depth website at < http://www.cbc.ca/news/background/smoking/smokingbans.html>

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REFORMING THE ONTARIO HUMAN RIGHTS COMMISSION: On February 20th, 2006, Ontario’s Attorney General announced proposals to reform the human rights system of Ontario by providing “direct access” to the Ontario Human Rights Tribunal and reducing the role of the Ontario Human Rights Commission to focus on “proactive measures, such as public education, promotion and public advocacy, as well as research and monitoring to address systemic discrimination in Ontario”. The Ontario Public Service Employees Union as well as many other community groups has expressed disagreement with the proposals, and the Chief Commissioner of the OHR Commission is also on record with her reactions. Legislation is expected in the Spring.

LINKS:

Letter from OHR Chief Commissioner Barbara Hall regarding proposed reforms to the OHRC at < http://www.ohrc.on.ca/english/news/e_cc-letter-bryant.shtml> , and her Preliminary Comments on the Proposed Reforms (5 pages, HTML) at < http://www.ohrc.on.ca/english/news/e_ohrc-comments.shtml>

“AG moving too fast with reforms” at Law Times at < http://www.lawtimesnews.com/index.php?option=com_content&task=view&id=503&Itemid=82 >

OPSEU archive of community groups’ responses to Ontario Human Rights Commission restructuring at < http://www.opseu.org/campaign/ohrc/communitygroups.htm>

Backgrounder on reforming the Ontario Human Rights system at the Ontario Ministry of the Attorney General at < http://www.attorneygeneral.jus.gov.on.ca/english/news/2006/20060220-hrmod-bg.asp >

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MINIMUM WAGE INCREASES: The minimum wage will increase in two provinces in the next months. In Quebec, on May 1st, the general minimum wage will rise from $7.60 per hour to $7.75; for employees receiving tips from $6.85 to $7.00, and for employees in the clothing industry from $8.10 to $8.25. In Newfoundland, on June 1st, the general rate will go from $6.50 per hour to $6.75.

LINKS:

Quebec changes at the website of the Commisssion des normes du travail (in English): < http://www.cnt.gouv.qc.ca/en/normes/salaire.asp#taux>

Newfoundland press release at < http://www.releases.gov.nl.ca/releases/2005/hrle/0106n01.htm>

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LIVING WAGE CAMPAIGN IN ALBERTA: A newly-established task force in Alberta will consult with local communities and survey individuals to develop a measure of what constitutes a living wage in Alberta. The ultimate objective of the task force is to build a community-based network to develop a strategy to implement living wage policies for municipalities and public institutions in the province. The task force has been initiated by Public Interest Alberta, a coalition that includes the Alberta College of Social Workers as well as many unions.

The Living Wage movement began in the U.S. in 1994, when the city of Baltimore passed a city ordinance that required firms to pay employees a rate above the minimum wage while working on city contracts. Since 1994, over 120 communities in the U.S. have implemented living wage policies. A recent briefing paper by the Economic Policy Institute in the U.S. summarizes the history of the modern living wage movement, and examines some case studies to determine the economic effects.

LINKS:

Living Wage website at Public Interest Alberta website at < http://www.pialberta.org/program_areas/living_wage>, including Making a Living: Defining a living wage for Alberta (8 pages, PDF) at < http://www.pialberta.org/content_pdf/makingaliving>

The economic impact of local living wages (25 pages, PDF) from the Economic Policy Institute at < http://www.epinet.org/briefingpapers/170/bp170.pdf>

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OPSEU CONVENTION HONOURS ENIRONMENTALIST DAVID SUZUKI : More than 1,500 delegates and observers attended the 31st annual Convention of the Ontario Public Service Employees Union (OPSEU/NUPGE) in Toronto on April 20 ­ 22. The theme of the convention was Greening OPSEU, and eight resolutions were adopted to promote more environmentally friendly practices in the union’s work. Following a debate concerning the pros and cons of affiliation with the New Democratic Party, a resolution to affiliate was narrowly defeated by 29 votes.

LINKS:

OPSEU Convention website at < http://www.opseu.org/convention/convention2006.htm>, including summaries of each day’s activities at < http://www.opseu.org/insolidarity/insolconvention2006.htm>
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TIME LOST PER WORKER RISES TO 9.6 DAYS IN 2005: The most recent edition of Statistics Canada’s annual report on Work Absence Rates was released on April 21

and reports an increase in time lost between 1997 and 2005. Time lost for personal reasons increased from the equivalent of 7.4 days per worker in 1997 to 9.6 days in 2005. Public sector employees lost 12.5 days on average for personal reasons in 2005; private sector employees lost 8.9 days. The report offers explanations for the trend, and provides statistics to differentiate rates by age, sex, educational attainment, presence of children, as well as job status and union coverage, industry and occupation.

The report also notes that “the presence of pre-school age children exerts a strong influence on work absences for personal or family responsibilities”, and “the growing prevalence of family-leave entitlements in the workplace, the extension of Employment Insurance parental benefits, and the greater involvement of fathers in child care appear to have eliminated the difference between the sexes in respect to work absences for personal or family responsibilities.”

Work Absence Rates data is derived from the Labour Force Survey and measures work absences for full-time workers for personal reasons (illness or disability and personal or family responsibilities).

"On sick leave" , an article in the April 2006 issue of online Perspectives on Labour and Income, uses data from the Survey of Labour and Income Dynamics to analyse work absences related to illness or disability. The study estimates the average duration of long-term absence to be 11 weeks and the direct wage-cost of each long-term absence at roughly $8,800. Belonging to a union, having medical or disability insurance coverage, and having job security significantly increased the likelihood of having a personal or work-related illness leave.

Effective April 24, Statistics Canada has changed its pricing policy and provides most internet publications without cost.

LINKS:

Work Absence Rates 2005 (144 pages, PDF) (Catalogue # 71-211-XIE) at < http://www.statcan.ca/english/freepub/71-211-XIE/0000671-211-XIE.pdf >


Perspectives on Labour and Income (April 2006, Vol. 7, no. 4) (22 pages, PDF) (Catalogue #75-001-XIE) at at < http://www.statcan.ca/english/freepub/75-001-XIE/1040675-001-XIE.pdf > ; the article "On sick leave" is on pages 14 -22.

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Book of the Week:

Labour left out: Canada's failure to protect and promote collective bargaining as a human right,

by Roy J. Adams. Ottawa: Canadian Centre for Policy Alternatives, 2006. 152 p. ISBN0-88627-469-9

In Labour Left Out, Roy Adams reports on his research into the failure of Canadian governments to protect and promote the collective bargaining rights of both unionized and non-unionized workers in this country.

He writes that far from honouring their commitments to the UN’s International Labour Organization, our governments have repeatedly violated them. Their strike-breaking actions and arbitrarily imposed contract settlements have been condemned by the ILO, which has cited Canada as one of the world’s worst violators of basic labour rights.


About the Author:

Roy J. Adams is Professor Emeritus at the DeGroote School of Business at McMaster University.

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These highlights of the week's HR/IR news are prepared by the Librarians at the Centre for Industrial Relations for our subscribers, alumni, faculty and students, and are intended for their individual use only. Please visit the CIR website for terms of use and information about organizational subscriptions. This message is composed in MS Outlook Express and contains hyperlinks that require an HTML-enabled email program.

The WWR is protected by Canadian copyright law and should not be reproduced or forwarded without permission. For inquiries or comments, please contact the Editor, elizabeth.perry@utoronto.ca.

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_____________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.

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Stuart Basefsky *
Director, IWS News Bureau *
Institute for Workplace Studies *
Cornell/ILR School *
16 E. 34th Street, 4th Floor *
New York, NY 10016 *
*
Telephone: (607) 255-2703 *
Fax: (607) 255-9641 *
E-mail: smb6@cornell.edu *
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