The federal government this week announced it is agreeing to union requests to re-examine whether hours-of-work rules at grain elevators should be more restrictive during planting and harvest seasons.
Already, the battle lines have been drawn after the government informally told both grain industry and union officials that a commission of inquiry will be appointed on the issue.
An elevator company spokesperson said any move to reduce hours of work during spring and fall would mean higher costs for the companies and less service for farmers.
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“We will be opposing this,” said Ed Guest of the Western Grain Elevators Association in Winnipeg. “Anything that changed would be a cost on the backs of producers.”
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Hugh Wagner, general secretary of the Grain Services Union, said from Regina that it would force grain companies to live by the same labor law other employers have, without exemptions. If the union won its case, grain companies would be forced to hire more staff.
The union is not advocating a reduction in service to farmers, he said. “As far as we’re concerned, the facilities can run 24 hours a day, seven days a week and we would have no objection. Just staff them properly.”
To sort out the arguments, labor minister Lawrence MacAulay was expected to announce this week that Vancouver lawyer Stephen Kelleher will head an industrial inquiry commission to look at the issue. He will have to report to the minister by Nov. 30.
There likely will be public hearings.
Since 1980, the Canada Labor Code has given grain companies an exemption from standard hours of work rules during planting and harvest. For 10 weeks in spring and fall, the companies can extend the standard work week for elevator managers and assistant managers to 48 hours from 40 hours.
The work week can be extended to 60 hours during those 20 weeks, with overtime after 48 hours paid in time off.
The GSU has argued for years that the government should change the labor law to preserve the 40-hour week throughout the year.
John Pearson, vice-president of Alberta Wheat Pool, disagrees.
“The arrangement we have is working,” he said. “I’m not sure why it is an issue now. It would impose an extra cost on the industry.”
Wagner said if changes in the law led to affected workers claiming overtime equal to 10 percent of their annual hours, the union estimates it would cost the grain companies just 25 cents per tonne of their handle.
“We just don’t think it would be a major cost,” he said.
Guest said he thought the hours of work are more an issue for union leaders than for elevator agents who see themselves as serving the local community. Long hours during planting and harvest are averaged out by lighter workloads at other times.
