Some workers risk their jobs if they flee disasters. Can unions help?

bicycle in floodingWith the well-accepted consensus that climate change will make extreme weather disasters more likely in Canada and around the world, and with the misery of Hurricane Florence in full view, it is time to consider the dilemma of those who must work despite evacuation orders and disaster.  A recent AFL-CIO blog (reposted to Portside) summarizes the problem:  “You can be fired for not showing up for work during a hurricane” (Sept. 13) . The blog relates the results of a survey conducted by Central Florida Jobs With Justice following Hurricane Irma in 2017, which found that more than half of survey respondents said they faced disciplinary action or termination if they failed to show up to work during the storm. Others weren’t paid if they if they didn’t report for work – making it an impossible choice between a normal, much-needed paycheque, or tending to their own and their family’s safety.  Following Hurricane Irma, a few employers instituted climate leave policies, and in June 2018,  the Miami-Dade Board of County Commissioners passed an ordinance  prohibiting employers from retaliating against employees who comply with evacuation orders during a state of emergency. But for most workers, evacuation is not an option. waffle house

A similar situation was reported in the latest newsletter from  Labor Network for Sustainability . The Central Labor Council in Miami conducted a survey and interviews, canvassing labor leaders and coalition partners from AFSCME Florida, IUOE and South Florida Building Trades, Unite HERE, United Teachers of Dade, and the Miami Climate Alliance of community, and environmental groups, to find out their concerns about climate change and health.   Answers reflected the difficulties of working in extreme heat in a surprising number of ways, and also asked the question: “Have extreme weather events like hurricanes, flooding, or high heat impacted your job on a day to day basis?”. Recurring responses included:  “Being required to work during a hurricane or bad weather” , and concerns for job security and losing wages, because of a  workplace being closed.  Other concerns: unsafe workplaces, being required to work excess hours without allowance for caring for one’s own home, and “Not having access to clean, safe drinking water.”

Similar concerns were reported in a December 2017 report  of a survey about the impacts of Hurricane Harvey in Texas, highlighted  in the WCR article “What happens to workers when wildfires and natural disasters hit?”  In that summary, we also featured the impacts on families after the wildfires near Fort McMurray in Alberta in 2016.  In the case of Alberta,  amendments to the  Alberta Employment Standards Code took effect in January 2018, providing new Personal and Family Responsibility Leave of up to 5 days of job protection per year for personal sickness or short-term care of an immediate family member, including attending to personal emergencies.

Until legislation makes such personal leaves universal,  consider the job and wage protection in the 2014-2019 Collective Agreement  between Canadian Union of Public Employees Local 3886 and Royal Roads University in Victoria B.C..

Article 31.8 states:

“a) Should the University, or an area of the University, be closed temporarily due to environmental conditions, utility disruptions, road conditions or other reasons beyond the control of the University, employees shall receive their regular salary (excluding shift differential and weekend premium) during the closure. The University may layoff employees in accordance with the terms of Article 16 if the closure is expected to be for greater than twenty (20)working days.

b) If an employee is called in to work during a temporary closure of the University they will be paid at Overtime rates as per Article 18.02. “

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