Introduction

2019 ◽  
pp. 1-10
Author(s):  
Leah F. Vosko
Keyword(s):  
Bargaining Unit ◽  
Management Program ◽  
Collective Agreement ◽  
Agricultural Worker ◽  
Migration Management ◽  
Temporary Migrant ◽  
Migrant Work ◽  
Significant Phenomenon ◽  
Migration Experiences

This introductory chapter provides an overview of temporary migrant work. In the age of migration management, temporary migrant work is a significant phenomenon in many countries where relative labor shortages fuel demands for temporary migrant work programs (TMWPs) that provide comparatively low labor standards and wage levels. In this context, workers laboring transnationally in such programs are turning to unions for assistance in attempt to realize and retain access to rights. Yet even those engaged in highly regulated TMWPs permitting circularity—or repeated migration experiences involving one or more instances of emigration and return—confront significant obstacles tied to their deportability. This book tells the story of Mexican nationals participating in a subnational variant of Canada's model of migration management program, the Seasonal Agricultural Worker Program (SAWP). It explores how these workers organized to circumvent deportability, but despite achieving union certification, securing a collective agreement, and sustaining a bargaining unit, ultimately remained vulnerable to threats and acts of removal.

Deportability among Temporary Migrant Workers

2019 ◽  
pp. 11-41
Author(s):  
Leah F. Vosko
Keyword(s):  
Migrant Workers ◽  
Bargaining Unit ◽  
Collective Agreement ◽  
Agricultural Worker ◽  
Essential Condition ◽  
Work Program ◽  
Policy Paradigm ◽  
Migration Management ◽  
Temporary Migrant ◽  
Migrant Work

This chapter develops the argument that deportability, as it applies to participants in a temporary migrant work program (TMWP) permitting circularity, is an essential condition of possibility for migration management. Under this paradigm, TMWPs—such as the Seasonal Agricultural Worker Program (SAWP)—which are perceived to represent “best practices” by, for example, offering participants the prospect of return, simultaneously sustain this approach to governing migration and represent its limit, including in contexts in which unionization is permissible. The legal struggle of SAWP employees of Sidhu & Sons to unionize, secure a first collective agreement, and maintain bargaining unit strength gives substance to these claims. It reveals how deportability is lived among temporary migrant workers and the central modalities through which it functions. As such, these SAWP employees' experience provides rich empirical evidence for a grounded critique of migration management revealing that, despite its call for “regulated openness,” this global policy paradigm introduces new modes of control.

Getting Organized

2019 ◽  
pp. 42-64
Author(s):  
Leah F. Vosko
Keyword(s):  
Bargaining Unit ◽  
Collective Agreement ◽  
Agricultural Worker ◽  
Just Cause ◽  
Labour Relations ◽  
Legal Proceedings ◽  
Work Program ◽  
Temporary Migrant ◽  
Migrant Work

This chapter details the attempts of the union representing Seasonal Agricultural Worker Program (SAWP) employees at Sidhu & Sons to organize, gain certification, and secure a first collective agreement for a bargaining unit encompassing participants in a temporary migrant work program (TMWP) permitting circularity. Through an analysis of the legal proceedings surrounding United Food and Commercial Workers Union (UFCW) Local 1518's bid for certification, it explores SAWP employees' two important motivations for organizing: namely, to preempt termination without just cause prompting premature repatriation and to secure mechanisms for recall suitable to workers laboring transnationally. Local 1518, in seeking to represent SAWP employees, came up against tensions arising both from the Labour Relations Board's (LRB) understanding of its role of facilitating access to collective bargaining under the Labour Relations Code (LRC) and from limits posed by the parameters of the TMWP in play. Consequently, the unit obtained certification, but only on a restricted basis. At the same time, it introduced mechanisms aiming to limit termination without just cause prompting premature repatriation and offered novel provisions on recall and seniority.

Conclusion

2019 ◽  
pp. 110-120
Author(s):  
Leah F. Vosko
Keyword(s):  
Migrant Workers ◽  
Policy And Practice ◽  
Agricultural Worker ◽  
Work Program ◽  
Incremental Change ◽  
Migration Management ◽  
Legal Case ◽  
Temporary Migrant ◽  
Migrant Work

This concluding chapter reflects on the significance of the legal case of the Seasonal Agricultural Worker Program (SAWP) employeess at Sidhu & Sons for expanding understandings of the meaning of deportability and its applicability to temporary migrant work program (TMWP) participants laboring not only in Canada but also in other relatively high-income host states embracing migration management and the measures it prescribes. Obstacles to limiting deportability writ large will persist so long as migration management dominates paradigmatically. Nevertheless, in combination with the forward-looking organizing efforts already being undertaken by unions and worker centers, in areas where unionization is difficult to achieve partly because of the still-dominant Wagnerian-styled model of unionization, certain modest interventions in policy and practice hold promise in forging change and curbing deportability among temporary migrant workers. Because the foregoing case study focused on the SAWP, the alternatives outlined in this chapter primarily address this TMWP. Given, however, that the SAWP is often touted as a model of migration management, they seek to provide meaningful avenues toward incremental change in other TMWPs in Canada and elsewhere.

Maintaining a Bargaining Unit of Seasonal Agricultural Worker Program (Sawp) Employees

2019 ◽  
pp. 65-83
Author(s):  
Leah F. Vosko
Keyword(s):  
Migrant Workers ◽  
Bargaining Unit ◽  
Labor Rights ◽  
Collective Agreement ◽  
Labor Laws ◽  
Work Program ◽  
Temporary Migrant ◽  
Migrant Work ◽  
Conditions Of Work ◽  
Work And Employment

This chapter analyzes how threats and acts of blacklisting impeded the fair application of the collective agreement between UFCW Local 1518 and Sidhu & Sons. The detection and analysis of the blacklisting of bargaining unit members at Sidhu uncover important “truths” about the management of migration among temporary migrant workers with the prospect of return. Broadly, it demonstrates that institutionalized programs' mechanisms, promoted in the global policy discourse embracing migration management as a means of stemming the flow of “irregular migration,” can impede access to and the exercise of labor rights. More narrowly, it shows that SAWP's “best practices” are by no means neutral, but are instead consistent with the dynamics of global capitalism, producing a race to the bottom in conditions of work and employment. This model temporary migrant work program (TMWP) permits state officials to behave in unprincipled ways that can involve, among other things, defying collective agreement provisions by delegating key responsibilities related to readmission—such as recruitment, selection, and aspects of documentation—to those in the interior and posted abroad. It also illustrates vividly how a labor relations tribunal compelled to prioritize national, and thereby sending-state, sovereignty, can be inhibited in—and even prevented from—implementing and enforcing host-state labor laws under its oversight.

Disrupting Deportability

2019 ◽  
Author(s):  
Leah F Vosko
Keyword(s):  
Civil Rights ◽  
Migrant Workers ◽  
Labor Rights ◽  
Political Struggle ◽  
Agricultural Worker ◽  
Work Program ◽  
Collective Representation ◽  
Temporary Migrant ◽  
Migrant Work

This book highlights obstacles confronting temporary migrant workers in Canada seeking to exercise their labor rights. It explores the effects of deportability on Mexican nationals participating in Canada's Seasonal Agricultural Worker Program (SAWP). The book follows the decade-long legal and political struggle of a group of Mexican SAWP migrants in British Columbia to establish and maintain meaningful collective representation. The case study reveals how modalities of deportability—such as termination without cause, blacklisting, and attrition—destabilize legally authorized temporary migrant agricultural workers. Through this detailed exposé, the book concludes that despite the formal commitments to human, social, and civil rights to which migration management ostensibly aspires, the design and administration of this “model” temporary migrant work program produces conditions of deportability, making the threat possibility of removal ever-present.

Sustaining Bargaining Unit Strength

2019 ◽  
pp. 84-109
Author(s):  
Leah F. Vosko
Keyword(s):  
Bargaining Unit ◽  
Subsequent Growth ◽  
Labour Relations ◽  
Labor Practices ◽  
Temporary Migrant ◽  
Migrant Work ◽  
Work Programs

This chapter explores challenges to maintaining strong bargaining units posed by threats of attrition, either through formal decertification or by other means producing similar outcomes. It first documents trends in numerical attrition at Sidhu & Sons, in the context of Canada's introduction of other more highly deregulated temporary migrant work programs (TMWPs) operating in agriculture and those programs' subsequent growth. The size of the bargaining unit at Sidhu, comprised of SAWP employees exclusively, shrank after certain employees' attempt to decertify it, despite the fact that the Labour Relations Board (LRB) had refused to cancel its certification. Given the absence of an active attempt to decertify the bargaining unit, it is nevertheless difficult to determine how attrition continued at Sidhu. To demonstrate the how of this often subtle modality of deportability, the chapter then chronicles strategies fostering attrition in the bargaining unit encompassing SAWP employees at Floralia Plant Growers Ltd., which the union originally tried to draw into the foregoing complaint of unfair labor practices and coercion and intimidation directed at Sidhu.

scholarly journals The Legal In/Security of Temporary Migrant Agricultural Work: Case Studies from Canada and Australia

2013 ◽  
Vol 18 (2) ◽  
pp. 361
Author(s):  
Andrew Newman
Keyword(s):  
Case Studies ◽  
Migrant Worker ◽  
Employment Relationship ◽  
Collective Agreement ◽  
Labour Law ◽  
Agricultural Worker ◽  
Agricultural Work ◽  
Temporary Migrant ◽  
Unfair Dismissal ◽  
Employment Rights

Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid ‘migrant worker leave’, whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.

scholarly journals Migration Industries and the State: Guestwork Programs in East Asia

2018 ◽  
Vol 52 (2) ◽  
pp. 487-523 ◽  
Author(s):  
Kristin Surak
Keyword(s):  
Present Article ◽  
East Asian ◽  
Critical Role ◽  
International Mobility ◽  
Non Profit ◽  
For Profit ◽  
State Involvement ◽  
Gray Area ◽  
Temporary Migrant ◽  
Migrant Work

Studies of migration industries have demonstrated the critical role that border-spanning businesses play in international mobility. To date, most research has focused on meso-level entrepreneurial initiatives that operate in a legal gray area under a state that provides an environment for their growth or decline. Extending this work, the present article advances a taxonomy of the ways states partner with migration industries based on the nature of their relationship (formal or informal) and the type of actor involved (for-profit or non-profit). The analysis focuses on low-paid temporary migrant work programs — schemes that require substantial state involvement to function — and examines cases from the East Asian democracies with strong economies that have become net importers of migrants: Taiwan, Japan, and South Korea. The conclusion, incorporating cases beyond Asia, explicates the properties and limits of each arrangement based on the degree of formality and importance of profit.

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