Mining unions ask the Federal Court to overturn decision to allow foreign workers to mine coal in Tumbler Ridge
TUMBLER RIDGE – Two of BC’s major unions with members working in the mining industry have applied to the court to overturn the decision allowing work permits to be issued to over 200 foreign workers to work at HD Mining International Limited’s planned underground coal mine near Tumbler Ridge known as the Murray River Project.
The International Union of Operating Engineers, Local 115 and the Construction and Specialised Workers Union (Labourers), Local 1611 have asked the Federal Court to overturn the decision by the federal government to issue labour market opinions (LMOs) which allow the company to recruit Temporary Foreign Workers to do these jobs.
The purpose of the LMO procedure is to ensure that Canadians have first opportunity to obtain employment and that foreign workers do not deprive Canadians of employment opportunities or undercut prevailing Canadian wage rates.
Over 200 LMO’s were issued for the Murray Hill Mine, and no Canadians have been hired. While the LMO’s have not been made public, the federal government must have concluded that there were no qualified Canadians available to work at the Murray River Mine at prevailing Canadian wage rates if the regulations governing the temporary foreign worker program were followed.
“This is absolutely not the case,” said Mark Olsen, Business Manager of the Labourers Union, a union which has long been involved in mining and underground construction. “There is a long history of mining in BC and there are many workers available with the skills required for this work. We have represented mine workers in BC for decades.”
The mine is at a pre-production stage, and the initial work involves the collection of a bulk sample of coal. “We have members who can do that work and are available. If the mine then proceeds to the production stage and the owners bring in specific production equipment, it’s a relatively simple matter to train for that equipment. This type of training is performed routinely by mining companies operating in Canada” said Olsen. Olsen further points out that the Murray River Mine is expected to be in production for decades.
Brian Cochrane is the Business Manager of the IUOE, Local 115, which also has a long history of representing miners in the province, including at two currently operating coal mines, one of which is in Tumbler Ridge where the Murray River Mine is located. Cochrane has sworn an affidavit which is to be filed in court later today, detailing his union’s experience in mining operations, prevailing rates of pay and other issues.
“There are members in our union who are ready, willing and able to do these jobs,” Cochrane said. His affidavit notes that “Right now, we have 474 people on our dispatch list who are out of work, including 100 in the northeastern region of BC.”
Cochrane also points out that the wage rates that were advertised for the work on the Murray River Project are considerably lower than what is paid for mining work in Canada.
“For instance, HD Mining advertised for a certified heavy duty mechanic, working underground, at $25 to $32 an hour with no benefits indicated. That position pays over $42 an hour, with full benefits, at mines that are currently operating in Canada, including the Peace River Coal Mine at Tumbler Ridge.”
The unions are arguing that federal officials operating the Temporary Foreign Workers Program did not follow their own regulations which set out the conditions which must be satisfied before LMOs can be issued permitting the importing of foreign workers.
Among other things, the regulations require that there be an actual labour shortage, that the jobs be advertised widely, that wages paid to foreign workers be equivalent to local wages, and that the employer make an effort to train local workers if required.
Lawyers Charles Gordon and Lorne Waldman filed the application with the court on Friday on behalf of the two unions. If the application for leave is granted, the court would then set a date for the case to be heard.
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