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Over the past several weeks, the thorny issue of inviting temporary foreign workers to fill good-paying jobs in B.C.鈥檚 resource sector has been debated in a federal courtroom.
Two major trade unions 鈥� including my own 鈥� launched an application in the Federal Court for a judicial review of a specific TFW decision. Foremost among the many questions we asked is: How did the federal government allow qualified 91原创s to be so easily overlooked, and grant more than 200 foreign nationals a virtual free pass into the 91原创 job market?
The International Union of Operating Engineers, Local 115, and the Construction and Specialized Workers Union, Local 1611, represent the bulk of skilled workers required on mine sites. We are therefore well-positioned to request that the court overturn decisions by the federal government to issue labour-market opinions that open the door to HD Mining International to bring more than 200 foreign workers in to work in its mine near Tumbler Ridge.
We have been successful in court so far; we have been granted standing by the court to challenge the federal government on these labour-market opinions, and we have succeeded in forcing them to release more than 85 pages of secret documents, despite their strong objections. We are now continuing to seek a full judicial review of the temporary foreign worker program.
The labour-market opinion process was initially designed to ensure 91原创s have the first opportunity to obtain available jobs, and to further ensure that prevailing 91原创 wage rates, working conditions and safety standards are respected. Unfortunately, we believe none of these conditions were adequately met in this case. But in this case, HD Mining International has publicly acknowledged that it received more than 300 applications for posted jobs, yet didn鈥檛 hire a single 91原创, claiming none were qualified. This is not believable or acceptable.
For one thing, Canada is known worldwide for its extensive mining industry, both underground and open pit. For another, HD Mining International has known for 10 years it was going to need miners. That鈥檚 ample time to ramp up a recruitment and training program among 91原创s for those jobs if there was a worker shortage.
Our two unions are strong supporters of Canada鈥檚 mining industry. Thousands of our members across the country have good-paying jobs in mines. We鈥檙e carrying the fight for these jobs on behalf of all qualified 91原创 workers, including those who choose to join a union and those who do not. We are fighting to make the federal government accountable in their decision-making to all 91原创s.
Think of the possibilities. If a business is allowed to recruit its entire workforce from outside the country, why would it not also fill a variety of other business needs via international procurement? Equipment contracts and servicing, administrative supplies and support, food and beverages, entertainment 鈥� what other 91原创 business opportunities might be lost because of offshore-sourcing preferences? The impact of temporary foreign workers could have far-reaching implications for the 91原创 economy and in particular, the world of work.
When jobs aren鈥檛 adequately advertised; when qualified 91原创s are overlooked; when wages are lower than market rates and when working conditions aren鈥檛 clearly specified 鈥� any one of these contraventions should signal a red flag to all wage-earning 91原创s. Without an open and transparent labour-market opinion process that adheres to a set of well-reasoned regulations, each temporary foreign worker who arrives in this country effectively deprives a 91原创 of the opportunity to access a good-paying job.
Should 91原创 workers have to compete for jobs in Canada with workers from other countries whose standard of living is a fraction of our own, and for whom our minimum wage is a good day鈥檚 pay? That dynamic has virtually squeezed 91原创s out of jobs in agriculture, and it is now becoming a factor in the fast-food and home-care industries. Will this trend creep into other job classifications in the next 10, 20, 30 years? There is a public-policy question here that deserves discussion and a political solution involving all levels of government in this country.
In the short term, we are disappointed that we have been met with such resistance from both the federal government and the company. If these labour-market opinions have met the criteria, prove it. If there has been a mistake, fix it. For the government to continue to defend a flawed system that works against the rights of 91原创 workers is simply wrong, and needs to be corrected.
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Brian Cochrane is business manager for the International Union of Operating Engineers Local 115 in Burnaby.
