CTA wants separate labour law for truck drivers; Asks for o-o status to be codified

OTTAWA – There should be separate labour standards law for truck drivers since the industry doesn’t follow the conventional operational practices of the average workweek, says the Canadian Trucking Alliance (CTA).

This week, the trucking lobby group made the recommendation for a separate section of the Canada Labour Code Part III dealing exclusively with truck drivers, during its appearance before the Commission on the Review of Federal Labour Standards in Halifax.

Drivers a Class of Their Own: CTA wants it in writing

The trucking industry is very different from the factory or shop floor for which the current law was designed, argues the CTA. “Trucking does not fit into the standard definition of an industrial establishment — no standard work week or fixed method of payment,” said David Bradley, CEO of the Alliance.

The review commission — touted as the first comprehensive examination of labour standards since the original legislation was enacted in 1965 — was created to produce recommendations for legislative changes to modernize federal labour standards and re-evaluate issues such as compensation methods, overtime triggers, vacation and holiday pay to ensure they are relevant in the 21st century.

The CTA’s top three recommendations, as highlighted in a press release, are as follows:

— That the federal government create a separate law for truck drivers, distinct from the general provisions of Part III, to recognize and accommodate the underpinnings of labour standards in the trucking industry.

— That the distinction between drivers and owner-operators, leased operators, independent contractors be maintained; certain guidelines should be set out which, if followed, would guarantee parties that their selection of independent contractor status will be respected.

— That the overtime thresholds for employee drivers should remain as they currently are — 45 or 60 hours per week, depending on the driving task; that the overtime rate should remain at time-and-a-half, but the distinction between the drivers who get overtime at 45 and those who get overtime at 60 hours be clarified, with language that is easy to understand for both employer and employee.

“Any changes to the CLC Part III will have a substantial impact on all federally regulated trucking operations,” Bradley said. “Therefore, while changes may be needed, they should focus on bringing clarity and certainty to labour standards, without impairing industry and driver productivity.”