Flight attendant Chris Rauenbusch poses for photos. Rauenbusch is concerned about new labour laws that may affect the industry. Calgary, Alberta on Saturday, Aug. 31, 2019. THE CANADIAN PRESS/Dave Chidley

Flight attendant Chris Rauenbusch poses for photos. Rauenbusch is concerned about new labour laws that may affect the industry. Calgary, Alberta on Saturday, Aug. 31, 2019. THE CANADIAN PRESS/Dave Chidley

Confusion trips up labour reform roll-out, with some stakeholders in the dark

The new rules apply to the 904,000 workers in federally regulated sectors from banking to the civil service

Chris Rauenbusch says he doesn’t know if his employer can summon him to work on a day off after a series of sweeping federal labour reforms went into effect Sunday.

“I don’t know if I am entitled to take a break during a 14-hour shift,” said the 39-year-old flight attendant, who heads WestJet’s union local in Calgary.

His quandary follows a request by employers that Ottawa make some last-minute exemptions or delays to its new rules. The request has left hundreds of thousands of workers and their bosses in sectors from airlines to trucking to telecommunications unclear about whether they are fully covered by the Canada Labour Code overhaul.

As confusion mounted in the lead-up to the changes, Employment Minister Patty Hajdu said certain interim exemptions would apply — at least until further tweaks can be made after the October election — but acknowledged the government was still hammering out who they will ultimately include.

“I can’t actually speak to which employers and which [employee] classes will be subject to these limited exemptions because that is still being worked out with the department right now, and I’m looking forward to their advice,” Hajdu said days before the regulations started to kick in.

“I’m not certain exactly when I’ll have those recommendations.”

READ MORE: Labour reform gives workers more breaks, leaves in federally regulated fields

The new rules, which apply to the 904,000 workers in federally regulated sectors from banking to the civil service, usher in a suite of changes that mandate new personal leaves and longer bereavement and vacation periods, among other things.

Industry representatives say some of the amendments would delay shipments, cancel flights and hurt the country’s economy, while labour groups argue they are simply asking for reasonable working conditions.

“If you’re a trucking operation and your shipment gets cancelled, you can’t just send the truck anyway. If somebody is sick, you may need somebody else to go,” said Dan Kelly, president of the Canadian Federation of Independent Business (CFIB).

Rules that fail to take that into account mean “the entire Canadian shipping network and supply chain is put at risk,” according to a May 13 letter to the employment minister from an industry association, Federally Regulated Employers — Transportation and Communications (FETCO), and obtained by The Canadian Press.

An interim exemption will apply to several rules the transport sector says would kneecap its operations, including requirements that employers give staff a 24-hour heads-up on shift changes and four days’ notice for schedules, Employment and Social Development Canada confirmed. A mandated 30-minute break every five hours and an eight-hour rest period between shifts will also exclude some workers.

But which companies and employees will remain unshielded by the new regulations remains uncertain.

“It would be very, very specific classes of employees that, if we were to determine, could be exempt. Because ultimately these changes are about increasing productivity, increasing safety standards and work-life balance,” Hajdu said in a phone interview.

Rauenbusch said the Canadian Union of Public Employees (CUPE) recognizes that airline workers occupy a round-the-clock industry and that 24-hours’ notice before a shift change may not always be feasible.

“But just because we happen to be employed in a unique industry doesn’t necessitate simply stripping us of the benefits that the government is trying to afford to workers across the country,” he said.

Kelly countered that wages and longer time-off stretches can compensate for demanding scheduling protocols at airlines, trucking companies and telecoms — where repair and maintenance needs can pop up unpredictably.

“It’s not like employees in these industries are prisoners. They’re often among the most sought-after jobs around because they have other commensurate benefits,” said the CFIB head.

Trucking, however, already faces a serious labour shortage, despite a low barrier to entry. Better benefits could lead to “enhanced recruitment and retention,” the Employment Department said.

Employers expressed frustration with the consultation process after the government agreed to push back implementation by three months from its initial date in June.

“Given that the country is mere days away from Sept. 1, implementation of some of these labour code changes are at great risk of failure. This could have easily been avoided with a proper tripartite process many months ago, or a short delay,” reads an Aug. 28 email from FETCO executive director Derrick Hynes to the Employment Department.

“What we’re waiting for is to hear back from the government around what they feel would be appropriate in terms of granting some temporary relief from some of these changes,” Hynes told The Canadian Press.

The employment minister, “having attended at least one funeral this summer of people that died as a result of a vehicle collision with a transport truck,” stressed health and safety — and reiterated that they go hand in hand with profit and productivity.

“At the end of the day, happy employees, safe employees, well-rested employees are more productive. It leads to safer workplaces and leads to more prosperity as a country overall,” Hajdu said.

Christopher Reynolds, The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

Toronto-based director Michelle Latimer was recently scrutinized after years of claiming she was of Algonquin and Metis descent. (CANADIAN PRESS/Chris Young)
Haida activist calls for hefty fines, jail time against those who claim to be Indigenous

Filmmaker Tamara Bell proposing the Indigenous Identity Act – to dissuade ‘Indigenous identity theft’

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

Administering naloxone to a person experiencing a benzo-related overdose event won’t help. Naloxone is used to neutralize opioids. (Jenna Hauck/The Progress file photo)
Northern Health warning drug users of potential benzo contamination

The drug does not respond to naloxone, and is being included in street drugs

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

An Atlantic salmon is seen during a Department of Fisheries and Oceans fish health audit at the Okisollo fish farm near Campbell River, B.C. in 2018. The First Nations Leadership Council says an attempt by industry to overturn the phasing out of salmon farms in the Discovery Islands in contrary to their inherent Title and Rights. (THE CANADIAN PRESS /Jonathan Hayward photo)
First Nations Leadership Council denounces attempt to overturn salmon farm ban

B.C.’s producers filed for a judicial review of the Discovery Islands decision Jan. 18

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

More than 100 B.C. fishermen, fleet leaders, First Nations leaders and other salmon stakeholders are holding a virtual conference Jan. 21-22 to discuss a broad-range of issues threatening the commercial salmon fishery. (Black Press file photo)
B.C. commercial salmon fishermen discuss cures for an industry on the brink

Two-day virtual conference will produce key reccomendations for DFO

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Most Read