Report finds SELI Canada and SNC-Lavalin discriminated against foreign Canada Line workers

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Report finds SELI Canada and SNC-Lavalin discriminated against foreign Canada Line workers

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Don't ever forget this.

The above link works for me but does not appear to work here at rabble - strange that.

 

Quote:
Date Issued: November 9, 2007 File: 4196

Indexed as: C.S.W.U. Local 1611 v. SELI Canada and others (No. 3), 2007 BCHRT 423

B E T W E E N:

A N D:

Construction and Specialized Workers’ Union Local 1611 on behalf of Foreign Workers and others

COMPLAINANT

SELI Canada Inc., SNCP-SELI Joint Venture and SNC Lavalin Constructors (Pacific) Inc.

RESPONDENTS

IN THE MATTER OF THE HUMAN RIGHTS CODE R.S.B.C. 1996, c. 210 (as amended)

AND IN THE MATTER of a complaint before the British Columbia Human Rights Tribunal

REASONS FOR INTERIM DECISIONS UNION’S REPRESENTATIVE STATUS AND RETALIATION COMPLAINT

Tribunal Panel:

Counsel for the Complainant: Counsel for the Respondents:

Heather M. MacNaughton, Barbara Humphreys and Lindsay M. Lyster

Charles Gordon Peter A. Gall, QC and John Heaney

 

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Canada Line companies intimidated foreign workers:

Tribunal VANCOUVER - Companies building part of the Canada Line tunnel engaged in “coercive and intimidating” conduct against a group of Latin American workers, a B.C. Human Rights Tribunal has ruled.

http://www.canada.com/vancouversun/news/story.html?id=f8250bcd-3939-4176...

Companies building part of the Canada Line tunnel engaged in “coercive and intimidating” conduct against a group of Latin American workers, a B.C. Human Rights Tribunal has ruled. 

The companies pressured the foreign workers to break ranks with their union by suggesting they wouldn’t get further work unless they signed a petition saying they did not want to be represented by the union in a human-rights complaint, the interim ruling said. 

The main human-rights complaint against the companies — SELI Canada Inc., SNCP-SELI Joint Venture and SNC Lavalin Constructors (Pacific) Inc. — has yet to be heard by the tribunal. 

The workers operate the tunnel-boring machine that is digging under downtown Vancouver from southeast False Creek to the Waterfront terminus. 

The petition, presented in Spanish to the 30 workers from Colombia, Ecuador and Costa Rica, read: “I no longer wish the union to represent me before the Human Rights Tribunal.” 

Twenty-one of the workers, who are in Canada on temporary work permits to build the tunnel, signed the petition, prompting the Construction and Specialized Workers’ Union Local 1611 to lodge a retaliation complaint against the company. 

In its decision, the tribunal said the petition was out of bounds, noting that the workers do not speak English and the vast majority are away from their homes and families and dependent on the company for food, lodging and further work. 

As a result, the tribunal found, the workers “would reasonably have perceived that their employer was linking their willingness to sign the petition with their prospects for future work.” 

It also found the petition was an attempt to “create evidence to be used to attack the union’s representative status, and if successful, either derail the complaint or reduce the number of potential remedial claims against the company” if the complaint was justified.