2. EMPLOYMENT AND TRAINING

This section of a SEPA records provisions concerning the employment and training of members of Aboriginal communities.

General Employment Provisions

SEPAs use a number of methods to encourage higher levels of Aboriginal participation in a mining project. Some assure that qualified members of the Aboriginal community will be able to find jobs. Others set employment quotasQuota: the share that is due from, due to, or allocated to a person or group. that must be met. If there are not enough qualified people to fill those quotas, however, that creates a problem. (See Module 4, “Measuring the Delivery of Benefits,” p. 4-23.)

Neither of these methods may do much for Aboriginal employment without additional provisions to train people for the jobs.

Identification of Employment Opportunities and Labour Supply

The number and type of workers required by a mine will change dramatically over its life. What sort of worker will be in demand, how many are needed, by when, and how many qualified people are already available – all this information is critical to the mine and to the community. SEPAs usually outline how both the demand for and the supply of labour will be collected and reported.

Labour Force Development Plan

This subsection outlines the commitment of the parties to develop a plan (or “human resources strategy”) to equip people with the skills needed upstreamUpstream: the actual mining operations owned and controlled by a mining company. and downstreamDownstream: downstream business refer to suppliers of products and services such as exploration, production, processing, product development, technical services, marketing and sales that supply the mine but are not owned by the mine. from the mine. Such a plan might include

• the job opportunities that a mine is expected to create at different stages and locations.
• the labour poolLabour Pool: the source of trained people from which workers can be hired. of local people whose age and ability is suitable for these jobs.
• The barriers that may keep people from training or applying for jobs, or from retaining these jobs.
• The investments needed to get local people ready, willing, and able to qualify for training and entry level positions.
• The training and apprenticeship programs necessary to prepare people for these jobs.
• The cost of implementing this plan and sources of funding to implement it.

Employment Related Community Outreach

This subsection explains how information about employment opportunities will be communicated to the community.

Recruitment and Hiring

This subsection has provisions to make it easier to attract Aboriginal candidates to jobs at a mine. Personal development and motivation programs will help people to find direction in their lives and make use of their talents. They then will be more likely to take advantage of training programs and job opportunities that arise.

Employment Preferences

The provisions in this subsection would explain when the company must fill positions first and foremost with local and Aboriginal people. Often the company will agree to make “best efforts” to hire Aboriginal people to certain jobs. The stronger the commitment between the two parties, the more likely these “best efforts” will bring good results.

Often SEPAs include a quota for the percentage of employees that will be Aboriginal. This may seem like a good way to ensure that local communities capture employment benefits from a mine. However, as the Luts’el K’e Dene discovered (see *Case Study #1: NWT Diamond Mines, p. Intro-10), you also have to specify which Aboriginal people you mean. For example, the Diavik mine has been averaging 33% Aboriginal employment annually – but only 1% of the workers are Lutsel K’e Dene. Because of this experience, they have recommended that the SEPA’s employment quotas be changed to specify what portion of the quota will come from each of the four Aboriginal communities.

With or without quotas, a community must have members available who can do the work these positions require. If it cannot supply enough workers, it may be difficult to discern who is responsible for poor results – the company, the community, or the community’s members.

On-the-Job and Other Training

Generally, training is essential if Aboriginal people are to fill positions in a mining project. Therefore the SEPA should include commitments by the mining company to develop and implement Aboriginal training programs. The SEPA must also stipulate funding for the training, from the company and/or from government.

It is also advisable to stipulate the linkage between successful training and actual employment. The Ekati Mine IBA (see *Case Study #1: NWT Diamond Mines, p. Intro-10) overlooked that linkage. Community members could get training, but BHP Billiton was not required to hire them. Make sure that your agreementAgreement: any explicit, signed document that is negotiated and includes mutual concessions or limitations placed on both sides. Examples are Negotiation AgreementsNegotiation Agreement: an early agreement in the mining process, likely to occur in the Exploration StageExploration Stage: the whole range of activity from searching for and developing mineralMineral: A naturally-occurring, homogeneous substance that has a definite chemical composition and (usually) a crystalline structure. deposits., which would outline the basis of the relationship between the Aboriginal group and the mining company and how the relationship will evolve if the mine moves forward. , Exploration Cooperation Benefit Agreements, Socio-Economic Participation Agreements. stipulates that individuals who graduate from a training program will still find positions open for which they are now qualified to apply.³

Contracting and Subcontracting

SEPAs may require that contractors and subcontractors have the same obligations to employ and train local Aboriginal people as the mining company does.

Apprenticeship Programs

Most SEPAs specify apprenticeships as well as job opportunities for local Aboriginal people.

Educational and Scholarship Programs

SEPAs may commit the company to fund scholarships for Aboriginal students. The scholarships will help them undertake post-secondary studies in fields related to the mining industry.

Employee Evaluation and Advancement

This subsection concerns procedures for evaluating the skills of employees. It also states that programs will be set up to help people upgrade and qualify for higher positions.

In March 2006 a skills development centre opened at the Voisey’s Bay mine (*Case Study #4, p. Intro-39). The centre helps workers improve their personal and work skills.

The Lutsel K’e Dene struggled to get their members trained for work at Ekati mine, and to get and keep them employed there.⁴ Far fewer members than expected have found long-term work there. (See *Case Study #1: NWT Diamond Mines, p. Intro-10.) Learning from this experience, they and other Aboriginal communities made sure that the Diavik Mine SEPA addressed employment and training more specifically. Diavik’s developer, Rio Tinto, launched the Aboriginal Leadership Development Program in 2005. It has increased the number of Aboriginal people working at Diavik’s supervisory and management level.

Labour Relations and Discipline

Mining operations often involve labour unions. It is important to ensure the terms of the SEPA are not contrary to agreements between the mining company and unions. Often a company will try to make the provisions of the SEPA part of the union collective agreement.

Work Rotations and Vacations

Mine workers at fly-in mining operations are often expected to work two weeks on and two weeks off. If the community is nearby, the work rotation may be four days on four days off. These days most companies are sensitive to how work rotation may affect traditional Aboriginal pursuits, such as hunting and trapping. Companies often attempt to accommodate these needs with vacations and leaves of absence.

Transportation

This subsection details how the mining company will provide transportation to the mine and back from local communities or points of hire.

In their Exploration Cooperation Benefits AgreementExploration Cooperation Benefits Agreement: an agreement struck between an Aboriginal group and a mining company which outlines benefits that each party may realize during the Exploration Stage (see *Case Study #5: Keno Hill Silver District, p. Intro-45) NaCho Nyäk Dun and Alexco handle transportation to and from the mine site with a contract. Alexco contracts NaCho Nyäk Dun Development Corporation to transport local workers between Mayo and Elsa with a 15-passenger bus. This service may be expanded to meet charter aircraft and more. As the Keno Hill project grows, additional transportation service may be arranged to other towns. In this way, a growing business has been realized in the area, as well as a service to the mine.

Work Site Conditions - Accommodation, Food, and Recreation

Some SEPAs may include provisions about work site conditions to help Aboriginal individuals feel more welcome. Traditional food may be served. Aboriginal employees may be provided with a freezer and kitchen in which to store and prepare their food.

Counselling and Employee Support

Aboriginal employees may not be used to separation from family for long periods of time. Such working conditions can be difficult for them. As well, addictions and other problems often keep them from holding their jobs over time. Counselling and employee support systems can help deal with such issues.

The Employment and Training section of the Raglan Agreement (*Case Study #2: Raglan Mine, p. Intro-21) provides for personal and career counselling and support systems for trainees.

Language of Work

The SEPA may stipulate which language(s) will be used on the mine site. Translators or language training may also be provided.

Cross-Cultural Issues

Unfortunately, racism is often experienced at mine sites. This is often cited as one of the reasons that Aboriginal people quit their jobs. The company may decide to provide cross-cultural training to reduce these difficulties. Cross-cultural training can teach non-Aboriginal employees about Aboriginal culture. It can also teach Aboriginal people about the non-Aboriginal culture they are dealing with.

To ensure good relations between people at the Voisey’s Bay Mine (see *Case Study #4, p. Intro-39), all employees must take training in cross cultural awareness as well as in gender sensitivity.

Restrictions on Employees

These provisions bar certain things from the mine site, like alcohol, drugs, and firearms. The Voisey’s Bay site is alcohol- and drug-free.

Employment Committee

Often SEPAs set up a committee of company and community representatives to deal with employment opportunities and issues. Local community members and mine management may bring to the committee many of the matters mentioned above for resolution. Sometimes this work is left to an Implementation CommitteeImplementationImplementation: the carrying out or execution of an agreement, decision, or plan. Committee: the group responsible for putting a decision, plan, or contract into effect..

Aboriginal Employment Coordinator

This may be a full-time or part-time position. The SEPA should stipulate where the coordinator will be housed and how the position will be funded. The coordinator makes sure that the mine’s many employment and training programs run smoothly together. This position is key to the capture of employment benefits for members of the Aboriginal community.

At the Voisey’s Bay Mine (see *Case Study #4, p. Intro- 39), the Training and Employment Coordinator of the Labrador Inuit Association (LIA) worked with contractors to ensure qualified LIA members got and kept jobs at the Anaktalak Bay site. The coordinator sits  on referral committees for two of the largest employers, Torngait Services Incorporated and IKC-Borealis. Her presence on the hiring committees has translated into more employment for LIA members.

Evaluation of Aboriginal Employment

Most companies these days explain their employment and contracting targets and achievements in an annual report. At minimum, there should be a periodic review of Aboriginal employment.