Reservists Job Protection Superthread

[Redeye]

I hope that no legislation like this goes through, because I'm always torn about whether to disclose that I'm in the Reserve to potential employers.  The potential for discrimination is huge, and there seems to be a lot of evidence of this happening to American reservists.  A voluntary program, providing reservists with support in negotiating with their employers regarding their intent to take call outs, as the CFLC does, is a better situation I think - because it doesn't risk this discrimination as much (although I suspect many employers on a small scale will still potentially avoid reservists - I'm sure the individual who hired me in a very large corporation will himself never hire another one, because I'm always having to fend off allegations of not being committed to that - my primary employment - in favour of being in the Reserve.

 

[Rick Delaney 1]

I think that it's a sad day in this country when we even have to ask for this kind of legislation.It just shows how little some companies think of the sacrifices made by our people in uniform.I personally would like to see the names of these companies broadcast so the public could choose if they want to do business with them or not As for the possibility of future discrimination against the reserves,aren't the now being discriminated against  by not being afforded the same rights as someone taking Parental/Maternity leave.Most pregnancies are also voluntary.

 

[Haggis]

All things considered, Reserve job protection legislation is only going to impact on about 23,000 Canadians.  That's a mere pittance compared to the several million potentially affected by maternity and parental job protection legislation.  Taking time off from work to begin or raise a family is far more socially and politically acceptable that taking time off to fight a mostly unpopular war.

In the big scheme of things:  "So what?"

To echo what Redeye said, I'd rather have time off granted by an employer because he wanted to, knowing the value of what Reservists do for Canada and the skills they bring to the job, than having him give time off because he had to.

Now, as others have said, if an employer is given certain "incentives" (bonuses, tax breaks, first right of refusal on contracts etc.) to give time off, then that's great.  Particularly if those incentives result in positive discrimination for the Reservist (i.e preferential hiring, recognition of military qualifcations etc.)

 

[Greymatters]

This is an issue that should be addressed in all business and management courses across the country.  However, it would be unrealistic to expect the academic world, which is traditionally anti-military (except at military colleges of course), to include material that supports benefits for the military and its members at the expense of the business owner. 

 

[Maybee]

All good posts here so far. I am researching this for my day job as well as personal interest.
Unlike some posters I have not been able to find any solid evidence from the US experience (with the exception of one credible anecdote) about hiring discrimination.
If anyone knows where I can find it I would be interested in seeing it. Would a visit with a provincial human rights commission not also resolve the hiring thing in the same way it aids those who are discriminated on some other basis?

 

[Haggis]

Would a visit with a provincial human rights commission not also resolve the hiring thing in the same way it aids those who are discriminated on some other basis?

No.  The Canadian Human Rights Act identifies eleven prohibited grounds: race, national or ethic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, and conviction for which a pardon has been granted upon which a complaint of discrimination can be laid.

Being a Reservist is not one of the "prohibited 11" so a provincial human rights tribunal wouldn't' even look at this.

 

[Maybee]

Yeah. Roger that. Anyways I found a pair of articles that described the difficulties facing the US NG and Reserve elements. Plus a government report.  Basically well worded legislation that provides some sort of incentive to the employer seems to be the solution. That and as much predictability as possible for the reservist and their employer.

 

[The_Falcon]

While searching for specific info about military leave with the Ontario government (since thats who I technically work for now), I came across, http://www.ontla.on.ca/bills/bills-files/38_Parliament/Session2/b226_e.htm  It died on the order paper, when the legislature was disolved for the election however.  It would be great if this got picked up once the new government comes in.

 

[armyvern]

Well this just in ...

Pic was taken approx 1 hour ago of myself and Premiere Ghiz of PEI during the provincial ceremonies to welcome home memebers of the PEIR & 721 Comm Sqn from operations on TF1-07.

I am pleased to say that part of the Premiere's speech included the statement that the PEI Legislature is introducing legislation that will secure and protect CF Res F members jobs in the province while they work-up and deploy on international operations.
He certainly got one huge cheer for that from the boys & girls who just came home!!

+1 to PEI.

 

[The Bread Guy]

8) shot Vern - thanks for sharing.

For what it's worth, here's the latest on job protection for Reservists, from the Minister of Human Resources & Social Development - in spite of media coverage saying "Canada wants to protect jobs of Reservists," I'm not exactly reading that in the news release (highlights mine - maybe the third highlighted bit commits a bit) .....

Canada's New Government stands up for the Canadian Reserve Force
Minister Blackburn engages in national dialogue towards reintegration strategy
Sep 28, 2007 13:00 ET

MONCTON, NEW BRUNSWICK--(Marketire - Sept. 28, 2007) - The Honourable Jean-Pierre Blackburn, Minister of Labour and Minister of the Economic Development Agency of Canada for the Regions of Quebec, visited New Brunswick today to continue Canada's New Government's dialogue to ensure that reservists are successfully reintegrated into the Canadian work force.

"Canada's New Government is committed to doing everything possible to ensure that the men and women of the Canadian Reserve Force who serve our country are well supported when they return to civilian working life. They deserve it," said Minister Blackburn.

There are over 33,000 reservists living in hundreds of communities across Canada. Approximately 2,500 of these reservists are on active duty at any given time, and many are students. However, those who are employed in full-time jobs elsewhere comprise the largest segment of the Canadian Reserve Force.

Minister Blackburn addressed members of the Gagetown Canadian Forces Base as part of his national dialogue tour with stakeholders. Later in the day, Minister Blackburn attended a press conference at the Hildegard Fire Station in order to recognize the City of Moncton for its exceptional support to members of the Canadian Reserve Force.

Canadian Reserve Force personnel play a vital role in protecting Canada's interests at home and abroad. Reservists have been called upon frequently to contribute to international peace, stability and human security throughout the world. They have also come to the aid of Canadians in times of crisis, such as the Winnipeg and Saguenay floods, and the Ice Storm of 1998. In doing so, reservists take time away from not only their jobs and careers but also from their families and friends.

"Let's do everything we can to ensure that no one who wears our military uniform should ever have to go directly from the front line to the unemployment line," added Minister Blackburn.

Canada's New Government is engaging in a dialogue to hear the perspectives of other jurisdictions and interested stakeholders before moving forward on implementing a strategy to ensure that reservists reintegrate into the Canadian work force successfully.

This news release is available in alternative formats upon request.

 

[Greymatters]

I am pleased to say that part of the Premiere's speech included the statement that the PEI Legislature is introducing legislation that will secure and protect CF Res F members jobs in the province while they work-up and deploy on international operations.

Good to hear.  Whats the total now: Nova Scotia, PEI, Saskatchewan, Manitoba... did I miss any?  This will get the fatcats here in BC off their butts and doing something...

 

[tomahawk6]

A big step in the right direction.

 

[The_Falcon]

Good to hear.  Whats the total now: Nova Scotia, PEI, Saskatchewan, Manitoba... did I miss any?  This will get the fatcats here in BC off their butts and doing something...

And hopefully here in Ontario, whoever forms the next government introduces a government bill as opposed to a private members bill.

 

[Garett]

http://www.parl.gc.ca/legisinfo/index.asp?Language=E&List=toc&query=5262&Session=15
http://www.hrsdc.gc.ca/en/corporate/newsroom/speeches/blackburnjp/070925.shtml

Heard about this on the news today, looks like this might come through.  Comments?

 

[The_Falcon]

Watch and shoot, I'll believe it when it gets royal assent and is proclaimed into law.

 

[Haggis]

Watch and shoot, I'll believe it when it gets royal assent and is proclaimed into law.

So what?  There are no penalties in this law for employers who choose to ignore it.  There are also no incentives to reward those who choose to comply.  It's a toothless paper tiger. 

 

[Blackadder1916]

S what?  There are no penalties in this law for employers who choose to ignore it.  There are also no incentives to reward those who choose to comply.  It's a toothless paper tiger. 

While this particular bill does have not specific incentives/disincentives listed, its purpose is not to establish a new and separate act to deal with reservists.  Rather the bill's aim is to make amendments to three existing codes:
The Canada Labour Code ,
The Public Service Labour Relations Act
The Department of Public Works and Government Services Act.

In the case of the Canada Labour Code, the new section dealing with "Leave for Reservists" would be placed within that section of the code concerning vacations etc., in fact immediately preceding the division concerning Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave.  Thus the provisions of the Canada Labour Code, including already existing offences and sanctions against those who do not follow it, would apply.

 

[The_Falcon]

While this particular bill does have not specific incentives/disincentives listed, its purpose is not to establish a new and separate act to deal with reservists.  Rather the bill's aim is to make amendments to three existing codes:
The Canada Labour Code ,
The Public Service Labour Relations Act
The Department of Public Works and Government Services Act.

In the case of the Canada Labour Code, the new section dealing with "Leave for Reservists" would be placed within that section of the code concerning vacations etc., in fact immediately preceding the division concerning Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave.  Thus the provisions of the Canada Labour Code, including already existing offences and sanctions against those who do not follow it, would apply.

So does that mean you would only get this protection if you happen to work for an employer who fell under the jurisdiction of one of those acts, and if not your screwed until your own provincial government creates their own reserve job protection measures?

 

[Haggis]

While this particular bill does have not specific incentives/disincentives listed, its purpose is not to establish a new and separate act to deal with reservists.  Rather the bill's aim is to make amendments to three existing codes:
The Canada Labour Code ,
The Public Service Labour Relations Act
The Department of Public Works and Government Services Act.

In the case of the Canada Labour Code, the new section dealing with "Leave for Reservists" would be placed within that section of the code concerning vacations etc., in fact immediately preceding the division concerning Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave.  Thus the provisions of the Canada Labour Code, including already existing offences and sanctions against those who do not follow it, would apply.

Seen.  Therfore it would fall under Part III of the Canada Labour Code. If so, if the penalties levied are those listed under s. 256(1), that's pretty inconsequential to a large, federally regulated employer, such as those described under s. 167 of the Canada Labour Code.

The majority of these employers are likely already Reservist friendly through the efforts of their members and the CFLC.  We need a law that will "target" the smaller, provincially regulated employers who employ the lion's share of Reservists.  This falls under provincial purview and efforts are being made independantly in several provinces to implement similar protections.  This is where incentives are going to be more productive than penalties in gaining compliance (although penalties are still necessary).

 

[Blackadder1916]

The majority of these employers are likely already Reservist friendly through the efforts of their members and the CFLC.  We need a law that will "target" the smaller, provincially regulated employers who employ the lion's share of Reservists.   This falls under provincial purview and efforts are being made independantly in several provinces to implement similar protections.  This is where incentives are going to be more productive than penalties in gaining compliance (although penalties are still necessary).

That may be so, but changes to many provincial labour codes were often preceded by similiar federal legislation.  Of note is the proposed admendment to The Department of Public Works and Government Services Act

4. The Department of Public Works and Government Services Act is amended by adding the following after section 22:

22.1 (1) In this section, "reserve force" means the component of the Canadian Forces that is referred to in subsection 15(3) of the National Defence Act.

(2) In every contract for the supply of goods or services entered into under section 20, there shall be inserted an express condition that the supplier of the goods or services under the contract shall grant a leave of absence, on the terms and conditions set out in Division VI.1 of Part III of the Canada Labour Code, to any of its employees who is an officer or non-commissioned member of the reserve force and, for that purpose, "employee" in Division VI.1 is to be read as a reference to a person employed by the supplier.

There's an incentive there.  If you want to do business with the federal government, allow Reservists to serve.