Union Contract Language to Support Migrant Members

Job Security

Recall Rights and Continuous Employment for Temporary Foreign Workers

TFW Employees who complete a probationary period of ninety (90) days working with the Employer shall acquire the right of recall for future contracts, subject to all immigration requirements including whether there is a Canadian resident who can fill the role. This right of recall ensures that, TFW Employees are given priority for future TFW employment opportunities with the Employer without the need to return to their home country between contracts. Provided a TFW Employee is recalled within four (4) months of their previous TFW Contract expiring, the period between the conclusion of one contract, and the start of a subsequent contract, is deemed time worked and employment is deemed continuous during this period for all purposes of the Collective Agreement.

The Employer shall prioritize the rehiring of TFW Employees based on seniority, ensuring that workers with the longest tenure are given first consideration for future contracts. TFW Employees shall not be required to return to their home country between contracts. Instead, the Employer shall make reasonable best efforts to provide continuous employment or to facilitate the TFW Employee’s stay in the country until the commencement of the next TFW Contract.

UFCW 1518, Highline Mushrooms

Employer-provided documentation and financial support for permanent residence 

Support for Permanent Residency (PR): The Employer will put forth all TFW Employees who are in good standing for acceptance into provincial or federal nominee programs and pathways to permanent residency (PR), whether Employer sponsorship is required or not.A TFW Employee with a final written warning is not considered to be in good standing.

The Employer agrees to provide administrative support to any TFW Employees in processing all appropriate work permit renewal applications and forms to apply for permanent residency for all eligible TFW Employees in good standing in a timely manner. It is agreed that letters from the Employer outlining hours, wages, national occupational classifications (NOCs), and any other requirement the TFW Employee will be supplied within seven (7) days of the written request for such documentation.

The Employer will recognize the right of TFW Employees to be represented by the Union throughout the PR application process, and the Employer will work collaboratively with the Union toward securing permanent residency for TFW Employees in good standing.

By Union request, the Employer will provide information related to the status of an application to until the TFW Employee has been successfully nominated for permanent residency. The update shall include, but is not limited to, date of expiration for work permit, status update for nominee program, any information that could affect the TFW Employee’s ability to work or remain in Canada.

The Employer will offer a one-time, two thousand dollar (CAD$2000.00) payment to each TFW Employees who is in good standing to use toward their Canadian permanent residency application. A TFW Employee will be eligible for this payment once they have successfully passed the approved language test (ex. CELPIP), provided proof of completion to the Employer, and started their permanent residency application within one year of their passing grade for the approved language test.  In the event the TFW Employee resigns from the Employer within twelve (12) months of being granted a permanent residency, then the TFW Employee agrees to repay the full CAD$2,000 payment to the Employer.  If the TFW Employee resigns after completing 12 months’ service after being granted permanent residency, but less than twenty-four (24) months from that date, the TFW Employee will repay CAD$1,000 to the Employer.  A TFW Employee is not required to repay any of this amount after completing twenty-four (24) months of service following the granting of permanent residency.

The Employer shall send to the Union copies of the TFW Contracts of TFW Employees. If there are any changes made to a TFW Contract, the Employer shall send the Union a copy of the amended contract as soon as possible.

UFCW 1518, Highline Mushrooms

The company will assist all employee working under a work visa with extensions and permanent residency application in a timely manner.

It is agreed that letters from the Employer outlining hours, wages and any other requirement the TFW requires will be supplied within 7 days of the written request for such documentation.

UFCW 1518, Matchstick Coffee

The Employer agrees to provide administrative support to any foreign worker in processing all appropriate work permit renewal applications and forms to apply for permeant residency for all eligible employees from its Foreign Worker Program in a timely manner.

UFCW 832, Hylife Fooods

The Employer will provide regular updates to the Union until the member has been nominated for permanent residency. The update shall include, but not limited to, date of expiration for work permit, status update for nominee program, any information that could affect the employee’s ability to work or remain in Canada.

UFCW 401, JBS Food Canada


Employer to support temporary foreign workers with provincial or federal nominee programs

The Employer will put forth all temporary foreign workers for acceptance into provincial or federal nominee programs, whether Employer sponsorship is required or not.

If the government stops, changes, reforms, or modifies the Temporary Foreign Worker Program this program will be open for review.

UFCW 401, JBS Food Canada
 

Leave of Absence

The Employer will grant a leave of absence for a temporary foreign worker who requires time off work to make arrangements to update or restore their immigration status.

UFCW 1518, Matchstick Coffee
 

Expedited Grievance Handling

The parties agree to expediate the handling of grievance where the outcome of the grievance may affect the ability of an employee hired under the temporary foreign workers program to maintain their status under that program or their ability to remain in Canada. In order to achieve this, the parties shall:

Attempt to advance matters through steps 1-3 of the grievance process as quickly as possible.

After step 3, immediately determine which arbitrators are ready and available to hear the matter within thirty (30) days of the submission to arbitrations and to issue an oral award where possible, or a written decision where necessary or required by either party within a further fifteen (15) days of the conclusion of the hearing.

UFCW 401, JBS Food Canada

In the event of the termination of a non-probationary foreign worker, who has received a long-term letter of support from the Employer for the Provincial Nominee Program the Employer agrees to an expediated arbitration hearing. The Employer will continue to process all necessary paperwork required for the employee to remain in Manitoba until such time as the arbitrator’s award is received. The Employer and the Union will jointly request that the arbitrator appointed be prepared to hear the case and submit an award within sixty (60) calendar days of their appointment.

In the event of the termination of a non-probationary foreign worker, who has received a long-term letter of support from the Employer for the Provincial Nominee Program the Employer agrees to an expediated arbitration hearing. The Employer will continue to process all necessary paperwork required for the employee to remain in Manitoba until such time as the arbitrator’s award is received. The Employer and the Union will jointly request that the arbitrator appointed be prepared to hear the case and submit an award within sixty (60) calendar days of their appointment.

UFCW 832, Hylife Foods

Employer-provided Health Coverage

The Employer will make arrangement with a local physician to ensure health care is available. If Medical attention is required prior to receiving provincial health care cards, the physician can bill the Employer directly. The Employer can seek reimbursement from provincial health authorities (Employer will continue the practice of assisting with the reimbursement process and prescription drugs). It will be made clear to the employee that they have the right to see any physician they choose and not be obligated to see the one provided by the Employer.

UFCW 401, JBS Food Canada

Assist the TFWs to obtain Alberta Health Care coverage. (Discuss) Provide the TFWs with, and pay for, private health insurance while the TFW’s wait for Alberta Health Care coverage. If required, obtain or prepay for medical services allowing for deductions off employees’ cheque for the medical services.

UFCW 401, Trochu Meat Processors Ltd.

Employer to ensure information regarding deductions (CPP, EI, Union Dues, etc.) is explained

The Employer will ensure that information is presented and explained in reference to all deductions (taxes, CPP, EI, Union dues, etc.), rates of pay progression(s) and immigration requirements prior to the employment contract being signed by the worker.

UFCW 401, JBS Food Canada

Explain to the TFWs all deductions (Taxes, CPP, EI, Union Dues, etc.), rates of pay progression and immigration requirements prior to the employment contract being signed by the worker.

UFCW 401, Trochu Meat Processors Ltd.

No article in temporary worker employment contract will be contrary to the CBA

The employment contract will not have any language that is contrary or changes anything in the Collective Bargaining Agreement.

UFCW 401, JBS Food Canada

Employer to support workers with English equivalency

As per our agreement the Union and the Company will supervise the E.S.L instructors to set up, implement, and continue with nominee programs.

1. The Union Training Center will be used whenever possible to provide initial orientation and training here. Although at times it may not be possible.
2. The Company will be responsible for the payment of wages benefits and any other costs associated with running these educational seminars.
3. The education material will be mutually agreed to and will be at the Company’s expense.
4. The issue of transportation will be mutually agreed to and will be at the Company’s expense.
5. The Company shall provide, at their cost, the educational facilities needed outside of the UFCW Local Union Training Room for when the training room is not available.

The scheduling of instructional time will be in accordance to the Collective Agreement. Any other issues not addressed will be negotiated and agreed to.

UFCW 401, Olymel

Assess the TFW’s language proficiency and, if necessary, provide ESL education (in conjunction with AINP requirements)

UFCW 401, Trochu Meat Processors Ltd.

The Employer will provide English program (where necessary) ensuring that it complies with the requirements of the nominee program. The English program will be provided without costs to the Employees.

UFCW 401, JBS Food Canada

TFWP to supplement, not replace domestic workers

In order for the Company to continue operations effectively, Olymel S.E.C./L.P. is committed to build on its’ international recruitment success through employment of Temporary Foreign Workers (TFW) as a supplement to domestic hiring.

UFCW 401, Olymel

If the government stops, changes, reforms, or modifies the Temporary Foreign Worker Program this program will be open for review. The understanding is that the Temporary Foreign Worker Program is to supplement domestic hiring not replace it.

UFCW 401, JBS Food Canada

Employer and Union Collaboration for LMIA

The Employer may request additional Labour Market Impact Assessment (LMIA) in the future, the Union will not unreasonably withhold their support.

UFCW 401, JBS Food Canada

Employer to provide housing arrangements

Housing will be arranged and have access to public transportation. The lease of no longer than six (6) months will be in the company’s name, and following that, Olymel will pay the rent to the property company and deduct the rent from the cheque of the employee bi-weekly. The housing will be fully furnished. At the end of the six (6) months lease, affected workers will have the opportunity to renew the lease, or go their separate ways. The rent per individual will fall within government guidelines. Rent includes utilities with the exception of cable and telephone.

UFCW 401, Olymel

Arrange for initial affordable housing for TFW’s (with rent that falls within government guidelines and includes utilities except for cable and telephone).

UFCW 401, Trochu Meat Processors Ltd.

Employer to provide for translation of CBA and translation assistance

The Employer agrees to support in kind the translation of the Collective Bargaining Agreement into Filipino and any other language that is the first language for fifty (50) workers or more.

The Employer agrees to provide translators whenever required by foreign workers at the plant which may be accomplished by a designated employee.

UFCW 832, Hylife Foods