Brian Morton
Vancouver Sun
October 09, 2008

Two agricultural employer groups want the B.C. Labour Relations Board to prevent migrant farm workers from having the same rights as Canadian workers, including the right to join a union, according to the United Food and Commercial Workers.

"In a nutshell, they're trying to hide behind the law rather than do the right thing and ensure that migrant workers are treated with the same rights as Canadian workers," Andy Neufeld, director of communications for UFCW Local 1518, said in an interview about the submission from the B.C. Agriculture Council and Western Agricultural Labour Initiative. "They're trying to prevent these workers from having the right to join a union. We're not at all impressed by this. There's a systemic problem with abuse and intolerable working conditions."

Neufeld also said that a successful submission could have implications for the Canadian government's temporary foreign worker program, which helps companies recruit people from other countries to work in Canada, including B.C., in many professions.

"There's no question that there's a skill and labour shortage in a number of industries," Neufeld said. "I think this would set a bad precedent by creating an impression that [foreign nationals] don't have the same legitimacy as Canadian workers." Ivan Limpright, president of UFCW Local 1518, said in a statement: "The Labour Relations Code and Employment Standards and Workers Compensation are there for every person working in British Columbia."

B.C.'s Labour Relations Code does not constitutionally apply to foreign nationals working in B.C. under the federal government's Seasonal Agricultural Workers Program, the BCAC and WALI maintain in their submission.

"The terms and conditions of employment have been established in bilateral agreements negotiated by the Government and Canada and governments of other countries and cannot be superceded or changed, which would be the result if certifications covering SAWP workers were granted under the Code," the submission stated.

The submission argues that two constitutional doctrines apply: Precedence of federal law over provincial law, and interjurisdictional immunity.

The submission stated: "The doctrine of international immunity states that valid legislation enacted by one order of government cannot constitutionally be applied in contexts that can be said to fall within a core area of the other order of government's legislative jurisdiction."

BCAC executive director Steve Thomson said in an interview that their submission would affect about 3,000 farm workers in B.C.

"In our view, issues need to be addressed through country-to-country agreements, agreements based on proper working conditions, wage rates, housing standards and inspections," he said. "There's a question as to whether this program [SAWP] fits under the labour program and whether foreign nationals can or cannot be unionized."

Thomson said he doesn't believe that their submission would lower working conditions for farm workers. "We believe strongly in promoting proper labour and employment practices among our members. We feel the working conditions are currently protected under the existing agreement between Canada and Mexico or Canada and the Caribbean [countries].

BCLRB information officer Guy Pocklington also confirmed Wednesday that the BCAC-WALI submission has been received, but that nothing has happened yet with the file.

According to the release, UFCW Canada is also awaiting the outcome of a BCLRB hearing into the fate of 14 migrant farm workers from Floralia Farms, a greenhouse operation in Abbotsford. The union said the 14 workers were repatriated to Mexico after they had applied to join the union. Local 1518 lodged a formal complaint with the BCLRB that charges Floralia with breaching the province's Labour Relations Code.

The release stated that in August, workers at Greenway Farms joined UFCW Canada Local 1518, becoming the first migrant agriculture workers in B.C. to successfully join the union. That unit followed the successful organizing by UFCW Canada of two other bargaining units comprised of migrant and temporary agricultural workers: one in Manitoba, and another in Quebec.