REPORTS FROM REPRESENTATIVES ON BOARDS, COMMISSIONS AND AGENCIES UNEMPLOYED WORKERS HELP CENTRE I am very pleased to be able to begin my report by advising you that this year is the 20th anniversary of the Unemployed Workers Help Centre. It was in February, 1995, that we first opened our doors in the Canadian Labour Congress Prairie Regional office. Advocacy We have now had two years to work with the major changes that were made to the EI program in 2013. The changes being: the appeal process, the categorization of claimants based on their history of claiming of Employment Insurance benefits and new rules for job search requirements. I can now report to you that all the negative effects that we had predicted for unemployed workers claiming EI benefits have come to pass. The Social Security Tribunal appeal system which is bureaucratic and legalistic has significantly reduced appeals nationally simply by its process, complexity and lengthy duration to bring an appeal to a conclusion; 8 to 10 months on average. The request for reconsideration process for denied claims which must be followed prior to registering for SST appeals has actually had quite good outcomes with over 35% being allowed on a national basis. The high percentage of allowed reconsiderations indicates that the initial decision in many cases where workers were denied benefits or penalized is wrong. This error rate on agent initial decisions on benefit eligibility is far too high and only goes to show a systemic tendency to deny claims without a fact-based legal basis to do so. The new system for categorization of claimants and consequent greater requirements on workers regarding acceptable job search practices is beginning to see many claimants cut off their benefits because Employment Insurance agents deem that they are not active enough in seeking new work, training opportunities or networking. We continue to deal with the issue of our discontinuation from access to EI Enquiry office that I reported to you last year. A great deal of effort was made to get this service restored to us, to no avail. We can get basis information on the EI-1-800 number or by going to the EI office but this does not compare in any way with the direct access to agents that we used to have and the resulting ability to have claims processed on a priority basis. We continue to see significant processing delays with all claims regardless of issues. Claimants continue to have significant difficulty getting information on their claims. They have problems getting through on the EI enquiry line and if they do, the information they get is limited. Often, they are told they will get a call back within a specific number of days, which they never do, and often don't get a call back at all. Nothing has really changed from last year although we are beginning to recently see some improvement in processing probably due to the fact that EI has actually begun to hire some workers. The hiring was only done because the delays in processing were becoming a political problem for the government and their local MPs offices. 15
Funding We are in the second year of a three year funding service agreement with Labour Market Services, Ministry of the Economy. Our fundraising from Saskatchewan unions has been completed for the year and the amount donated is up from last year (list attached). The financial support from the union movement is a clear demonstration of the support of unions for the unemployed of this province and we are very appreciative of your support. The fact is that were it not for the support of unions over the past 20 years there would have been times when the UWHC would have had to cease operations. We also recognize the donation-in-kind by the Prairie Regional Office of the Canadian Labour Congress, who provide office space and support for our office in Regina. We have been in the CLC office since 1994 when they gave us space to start organizing out of. And we appreciate RWDSU Saskatoon s office for providing us excellent office space and support for our office there. Activities The advocate in our Saskatoon office, Erich Kesser, retired in June and we want to thank him for the six years of dedicated service he gave to this organization. In July, Kim Hryciw started work as the new advocate in the Saskatoon office. Kim's past experience as a CUPE representative and resulting experience with the EI program and the Saskatchewan labour movement gives her a strong experience base to start her work with us. In the past year we have made presentations to a number of union conventions and conferences as well as the annual general meetings of many Saskatchewan labour councils. We have also made presentations to many different union locals in the province. We would welcome the opportunity to speak to any union or local which may be interested in having a presentation on EI, our work with clients, and the history of the UWHC and unions. In February 2015, I participated, at the invitation of the Worker Commissioner of EI, Mary-Lou Donnelly, in a Forum of stakeholders in Ottawa. We met with various senior EI management representatives and Deputy and Associate Deputy Ministers responsible for EI. This meeting was similar to one held the year before. Unfortunately these meeting have resulted in no changes or improvements in either the EI program or the administration of the program. We expect that nothing positive in any respect of the EI program will happen without a change in government commitment to the EI program. I want to end my report by thanking the Saskatchewan Federation of Labour and its affiliated unions for the incredible support you have shown the UWHC since 1995 when the Unemployed Workers Help Centre began providing advocacy services to the unemployed in Saskatchewan. Submitted by, Mark Crawford Executive Director/Advocate 16
Unemployed Workers Help Centre Donor List 2015 Boilermakers-Local 555 500 Bricklayers and Allied Crafts-Local 1, Saskatchewan 1500 Byers, Barb 100 David Broad Memorial 704 Unifor-Local 649, Regina 649 Unifor-Local 1-S, Regina 500 Unifor-Local 2-S, Saskatoon 750 Unifor- Local 3, Moose Jaw 100 COPE-Local 397, Saskatchewan 500 Unifor- Local 609, Saskatoon 150 Construction and General Workers-Local 180 2500 CUPE-Local 8443, Saskatoon 150 CUPE-Local 21, Regina 500 CUPE-Local 4980, Yorkton 400 CUPE-Local 5791, University of Regina 250 CUPE-Local 5111, North Battleford 200 CUPE-Local 4777, Prince Albert 250 CUPE-Local 5999, Weyburn 100 CUPE-Local 287, North Battleford 100 CUPE-Local 600-3, Moose Jaw 200 CUPE-Local 3287, Saskatoon 500 CUPE-Local 1975, University of Saskatchewan 1000 CUPE-Local 3967, Regina 500 CUPE-Local 3766, Regina 500 CUPE-Saskatchewan and Convention 1500 CUPE-Saskatchewan Health Care Council 500 Grain Service Union 2550 HSAS 300 Heat and Frost Insulators-Local 119 1750 Humboldt and District Labour Council 100 IBEW-Local 2038, Regina 2500 Ironworkers-Local 771 2400 Millwrights-Local 1021 2000 Moose Jaw and District Labour Council 500 North Battleford and District Labour Council 75 Operating Engineers-Local 870 1000 Prince Albert and District Labour Council 100 PSAC-Prairies 250 PSAC-Local 40022 Saskatoon 100 Regina and District Labour Council 1100 17
RWDSU-Local 496, Prince Albert 1000 RWDSU-Local 950, Regina 200 RWDSU Joint Board 3000 RWDSU-Local 454, Regina 250 RWDSU-Local 558, Saskatoon 500 RWDSU-Local 568, Regina 200 RWDSU-Local 539, Regina 600 RWDSU-Local 480, Saskatoon 1000 RWDSU-Local 544, Saskatoon 1000 RWDSU-Local 955, Yorkton 2000 RWDSU-Local 955 Sublocal, Wynyard 200 Saskatchewan Provincial Building and Construction Trades Council 7500 Saskatchewan Federation of Labour 7500 Saskatoon and District Labour Council 2500 SEIU West 1000 SGEU-Local 1102, Saskatoon 100 SGEU-Local 1110, Moose Jaw 250 SGEU-Public Service Sector 1000 SGEU-Education Sector 250 SGEU- Provincial 2000 Sheet Metal Workers-Local 296 1000 SUN- Saskatchewan 1000 Teamsters-Local 395 1166 Teamsters Canada Rail Conference-Local 764 1000 UFCW-Local 1400 4500 UFCW-Local 248P, Saskatoon 500 United Brotherhood of Carpenters and Joiners-Local 1985 2000 University of Saskatchewan Faculty Association 250 University of Regina Faculty Association 400 United Association of Plumbers and Pipefitters-Local 179 2500 USW-Local 1-184, Prince Albert 100 USW Area Council 500 USW-Local 7458, Saskatoon 200 USW-Local 189, Saskatoon 100 USW-Local 7656, Colonsay 150 USW-Local 5917, Regina 500 Weyburn and District Labour Council 250 TOTAL $77,494.00 18
OCCUPATIONAL HEALTH AND SAFETY COUNCIL The Occupational Health and Safety Council (OHSC) is to meet at the call of the Minister of Labour, or the Chairperson. This current committee has held three meetings since the last SFL convention. The legislated mandate of the committee is to consider: (i) occupational health and safety generally and the protection of workers and self-employed persons; (ii) the appointment of advisory committees by the minister to assist in the administration of this Part (Act); (iii) any matter relating to occupational health and safety on which the minister seeks the opinion of the Occupational Health and Safety Council; and (b) give advice or make recommendations to the minister on any matter mentioned in this subsection. The OHSC also has the mandate, upon the request of the Minister, to review the adequacy of the Act and its administration and report their findings to the Minister. The Council has played a major role in past reviews but has now been advised that they will have no role to play in any upcoming review of the Regulations. Currently, there is no clear direction from the Minister regarding what role the OHSC can play in advising him on occupational health and safety matters or the adequacy of the Act and OHS Regulations. Previous committees had a clear line of communication to the Minister and the OHSC has played an integral part in moving forward health and safety legislation and health and safety initiatives. In the past any information that was shared with the OHSC and not marked confidential could be shared with the organizations that put forward their names for appointment, in our case the SFL. The mandate has now changed and all information presented to the committee is deemed confidential and not to be shared. Hardly any information has been shared with the OHSC, which makes the mandate of the OHSC almost impossible to accomplish. This all means that there is very little we can share with you in this report to convention except what you have already heard through the media: Enforcement is being focused on a targeted group of employers with a minimal number of additional inspections taking place. OHC minutes are no longer sent to the Department of Labour, leaving no avenue to ensure that occupational health and safety committees are actually being allowed to meet by their employers and function according to legislation. Review of the Regulations (Mines, OHS, GHS) are being worked on with no confirmed process or date for a consultation and implementation. 19
The Administration of the Act has changed focus with the transferring of prevention and education to WCB. The focus is now on enforcement through the compliance assurance model. WCB prevention initiatives are, at best, weak. Respectfully submitted on behalf of the labour representatives on the OHSC: Jacquie Griffiths Roy Howell (USW) Lori Johb (SEIU West) Gunnar Passmore (Sask Building Trades) SASKATCHEWAN APPRENTICESHIP & TRADE CERTIFICATION COMMISSION This year the Saskatchewan Apprenticeship and Trade Certification Commission s primary concern is funding. They are currently meeting their funding needs but there are concerns about their ability to meet their financial needs in future years. Jeff Ritter (CEO of Apprenticeship) and Loreena Spilsted (Executive Director of Apprenticeship) continue to have positive results in their work on apprenticeship harmonization and apprentice mobility between the provinces. Jeff Ritter is also chair of the Canadian Council of Directors of Apprenticeship (CCDA). One of Jeff s priorities as Chair of the CCDA will be to encourage dialogue with key stakeholders in government at the federal/provincial level to inform on progress in the Red Seal Program and receive feedback on CCDA initiatives, as the renewed focus on apprenticeship training and certification places the Red Seal Program at the forefront of key policy initiatives and increases stakeholder expectations. Apprenticeship and trade certification are concepts that are still not well understood by decision makers. The 2015 Apprenticeship Awards will be held on October 23, 2015 at the Conexus Arts Center in Regina. These annual awards celebrate and honour Saskatchewan s outstanding new journeypersons and acknowledge the contributions of employers and labour organizations to training and certification in the designated trades. Lorne E. Andersen SATCC Board of Directors (Production & Maintenance) 20
WORKERS COMPENSATION BOARD LABOUR REP Overview It is an honour to be the Labour representative to the Saskatchewan Workers Compensation Board. My two year appointment started August 17, 2015. I would be remiss if I did not thank my predecessors, Marg Romanow and Walter Eberle for taking the time to provide me with the benefit of their many years of experience and expertise. Marg and Walter left behind a legacy of commitment and dedication to workers, both those who are injured and those who, thanks to their efforts, never will be. That legacy inspires all of us to challenge old perceptions and continually look for ways that the WCB can better serve Saskatchewan s workers. As a Canadian Insurance Professional (CIP), I have worked for Saskatchewan Government Insurance for 27 years most of that time working with people who were injured. I have been involved in hundreds of mediations and appeals within the SGI no-fault system, helping people access benefit entitlements and understand legislation and policy surrounding their unique situations. I am also a past President of the Canadian Office and Professionals Union 397 and am a board member of Conflict Resolution Saskatchewan. Much has been said and written about the current backlog of appeals that the Board Appeal Tribunal has before it. Currently the back log sits at around 10 months from the time an appeal is presented until a decision on that appeal is rendered. In my previous role, I have witnessed firsthand the financial and emotional devastation that occurs to individuals and their families when their lives are put on hold waiting for decisions relating to an appeal. The current back log is completely unacceptable. In serving injured workers and employers, we excel in the development and delivery of workers compensation programs and services. In serving all workers and employers, we deliver injury prevention programs and services that move Saskatchewan quickly to zero work place injuries. Garry Hamblin Board Member Saskatchewan Workers Compensation Board 200-1881 Scarth Street Regina, SK S4P 4L1 Tel: (306) 787-4382 Fax: (306) 787-0213 ghamblin@wcbsask.com On behalf of myself and the other members of the Workers Compensation Board, please accept our pledge to you that we will do whatever it takes to ensure that injured workers receive appeal decisions in an efficient, timely and just manner. 21
Meredith Principles The Meredith Principles were established in 1913, and adopted in 1930 legislation. Essentially they provide that workers are entitled to claim for workplace injuries without the requirement to sue their employers to receive compensation for lost wages and the cost of medical benefits as related to the workplace injury. Board Governance The WCB Board is an independent board created by the provincial government to administer the WCB Act. This WCB Act provides guaranteed benefits and programs to injured workers in industries covered by the Act. The costs of the WCB Board and Operations are funded entirely by premiums paid by employers in industries included in the WCB Act. WCB has a three person Board: a chairperson and two board members. The Board members are appointed by the provincial government after consulting with employer and labour organizations to represent the voice of that particular group. The Board provides oversight to the WCB Operations and serves in a quasi-judicial role. The WCB Board is the final level of appeal within the WCB system. The WCB Board reviews and or hears appeals from injured workers and or employers. The WCB Board as a Tribunal conducts the hearings and produces decisions based on Fairness and Administrative Justice. The Board can render decisions based on the Benefit of Doubt provision outlined in the WCB Act. The hearings are conducted in an informal manner and are based on an Inquiry Model. Those attending the hearings, which are not public, can provide additional information for consideration by the Board, or the Board can seek additional information for clarification. In 2014, the Board finalized a governance manual outlining the roles and responsibilities of this Administrative Tribunal. Committee of Review (COR) In the fall of 2014, the Saskatchewan government appointed a WCB Committee of Review (COR) which occurs every four years. The principle stakeholders workers and employers are represented on each Committee. The Committee may inquire into any and all aspects of the WCB s operations. The Committees of Review can recommend amendments to legislation, or changes to WCB policies or practices. The WCB committed to reporting in its annual reports, the progress on Committee recommendations that are within the WCB s authority to implement. The COR represents a critical opportunity to make recommendations on behalf of labour to the WCB. Financial As most know, there was a surplus distributed to employers over the summer in the amount of $141 million dollars. 22
Employers received a distribution in 2015 because the WCB was overfunded according to policy. At the end of 2014, the WCB s funding position was 132.2 percent. The increase in funded position is a result of positive investment returns to the end of 2014. The WCB funding policy targets its funding position to be 105 to 120 percent. A number of employers are using the surplus distribution to fund health and safety initiatives. Ready For Work Program Sponsored by WCB and SFL This program provides Workplace Safety Education and Workers Rights information for high school students across Saskatchewan. Experience Rating Program Review In 2014, a six member committee, made up of three representatives from labour and three representatives from employers, was appointed to review the WCB s Experience Rating Program. The objective of the review was to ensure the Experience Rating Program continues to support prevention and safety behaviour change and properly reflect an individual employer s claims experience and ensures it continues to meet prevention and safety objectives in a fair and equitable manner. The WCB sought customer feedback on the Committee s recommendations. The committee s report outlines their recommendations and is available on the WCB website. Priorities and Upcoming Events In October, the WCB held its annual Rate Setting sessions to announce the preliminary industry rates for 2016. The WCB holds these public sessions in Regina and Saskatoon for employers and workers each year. As mentioned in my overview, as the labour representative on the WCB Board, my first priority will be to address the backlog of appeals facing the Board of Appeal Tribunal. I am fully aware of the negative impact the current wait time has on injured workers and their families in our province and commit to eliminating the backlog as effectively and quickly as possible. Please contact me if you have any questions or concerns. Submitted by Garry Hamblin Labour Representative, WCB Board 23
LABOUR REP VICE-PRESIDENT NDP The role of Labour Vice President on the Provincial Executive of the NDP is to help build the relationship between Labour and the Party. A strong partnership between the party and the labour movement will play a key role in the next election. It is this partnership that gives our members a political voice that can shape public policy. As your Labour VP, I work with the SFL and CLC to increase the communication on labour s issues and messages with the party. As part of my reports to Provincial Council I provide an update on any disputes or bargaining issues that our affiliates are dealing with and provide information on ongoing affiliate s campaigns. The past year has been a busy year as we prepared for the convention held in May and, of course, with election preparation. Constituencies have been busy with candidate searches and nomination meetings so that we re ready for the Provincial election we now know will be held on April 4 th, 2016. A Labour Reception is planned for Monday, November 16 th in Regina at the Delta hotel. For more information on sponsorship options and tickets please contact John at NDP Provincial Office 306.525-1322. The upcoming election is a very important one, not just for organized labour, but for all working people. I would encourage everyone to seek out the candidates in their constituencies and engage them in a conversation about the issues that are important to you and your family. Submitted by Wanda Bartlett, Labour Vice President NDP Provincial Executive SASKATCHEWAN PROVINCIAL BUILDING & CONSTRUCTION TRADES COUNCIL Work Situation At present, the building trades locals are busy with a number of projects: K+S Legacy - Potash Solution mine located South of Bethune SaskPower multiple projects, multiple locations Co-op Refinery complex ongoing work, all trades Mosaic Belle Plaine shutdown and projects Esterhazy K1 K2 K3 ongoing work, all trades EVRAZ shutdown and projects YARA Belle Plaine shutdown and projects 24
Other commercial and industrial work is ongoing around the province. The overall work outlook is good for approximately two years, with several large projects forecast: Vale Kroneau project (potash ore) YanCoal Southey project (potash ore) BHP Billiton Jansen project (potash ore) Issues and Campaigns Labour Day Picnic 2015 A resounding success for everyone involved. Thank you to all the affiliates who came out to help (both SPB&CTC and SFL affiliates). We hope to see you all next year. Labour Relations Board With the inception of the Saskatchewan Employment Act, organizing in the construction sector has had its difficulty level increased exponentially. Where card check would provide us with a means to certify a contractor once the signed cards reached 50 per cent + one, we now have a secret ballot vote (usually mail-in), a cooling period where the owner is allowed to impress his opinion on the employees (including threats of closing down). Apprenticeship Commission There is a lack of enforcement of the Apprenticeship Act. Saskatchewan Politics Given the current federal election campaign, followed closely by a provincial election set for April 2016, Terry Parker, Executive Director, SPB&CTC and Jeff Sweet, President, IBEW Local 2038 have been meeting with politicians and candidates of all the political parties across the province. Collective bargaining All SPB&CTC affiliates have completed their respective collective bargaining agreements. Respectfully submitted, Aaron Laughlin, on behalf of Saskatchewan Provincial Building & Construction Trades Council 25