By Marcus Bankuti | Eastern Door
After consultations aimed at gathering the community’s views on a planned revamp of Kahnawake’s labour landscape, the Kahnawake Labour Office (KLO) is turning its attention to meeting with the local construction industry.
The proposed Kahnawake Labour Code, which is being pursued according to the Community Decision Making and Review Process (CDMRP), aims to make workers safer and promote the competitiveness of local businesses, all while cementing the community’s jurisdiction over labour.
“We’re doing everything we can to ensure we have the best labour code we can, for Kahnawake, by Kahnawake,” said KLO director Jeff Morris.
Editor’s note from HR News Canada: Kahnawake is a Mohawk territory located on the south shore of the St. Lawrence River, approximately 15 kilometres southwest of Montreal. It is one of several Mohawk communities in Quebec and operates under its own governance structure separate from provincial and federal jurisdictions. The territory is home to approximately 8,000 residents.
That means hearing from everyone who will be impacted by the introduction of a new regulatory framework, especially workers and employers. While the construction industry is not the only one that will be impacted by the law, it is expected to be particularly affected given the slew of safety considerations at play on a construction site.
However, Morris emphasized that while change is inevitable with any kind of new regulatory law, local businesses need not fear the labour code proposal.
“We’re really looking at doing everything we can at KLO operationally to make sure businesses are going to succeed at being able to implement the regulations within the code,” he said. “That’s where these consultations will come in, so we can really get into the meat and potatoes, so to speak, of what’s going into the law itself.”
He believes the legislation will make things run smoother for everyone and could even make workers more productive.
“If you have a happier, safer workforce, there’s actual evidence that you’re going to do better from an economic perspective, and by extension, that also carries over into the business as well,” said Morris.
He said the drafters of the legislation are focused on ensuring local contractors are going to be able to compete effectively in the marketplace. Part of his job as a member of the technical drafting committee is to relay community concerns from the consultations so the legislation can respond to the community’s needs, he said.
While the code will be heavily focused on safety, many other areas will also be affected. Mohawk Self Insurance (MSI) will be reflected in the legislation, for instance, as well as how to deal with conflicts like allegations of wrongful dismissal. Even though Kahnawake’s jurisdiction over labour is established politically, these kinds of allegations are currently handled by the province through its commission for labour standards, equity, health, and workplace safety (CNESST).
The KLO wants to see that change, with the local Administrative Tribunal that is now in place hearing such disagreements instead.
“Something like that across the community right now is limited,” said Morris, even as the stage has been set for years for Kahnawake to assert its jurisdiction with its own labour code.
These efforts were stymied by the pandemic, but now the office is moving full steam ahead to try to bring a 15-year vision to fruition.
“It’s long overdue,” Morris said.
Joe Delaronde, serving as a communications consultant for the KLO, has sat in on consultations with the community, including the construction industry.
“Everybody knows something has to be done. The real trick is going to be making sure it’s a cooperative process,” said Delaronde.
That means listening to the challenges stakeholders face and responding to them.
“The devil will be in the details,” he said.
According to Delaronde, businesses have so far expressed openness in the discussions.
“I thought it was going to be banging on the table, but it was none of that, so it was promising on that basis, that’s for sure,” he said.
“Really what it’s about is just working together,” added Morris. “That’s really what we’re trying to do here, and that’s why we’re being so proactive, running as much community engagement as we can throughout the entire process.”
Construction industry consultation kiosks are planned for November 4 from 1 p.m. to 4 p.m. and December 4 from 11 a.m. to 3 p.m. at the Golden Age Club and November 18 from 6:30 p.m. to 8:30 p.m. at the KLO offices.
