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Workplace random alcohol tests rejected by top court in Canada

Supreme Court says Irving pulp mill's random testing policy has 'severe' impact on privacy

CBC News

Posted: Jun 14, 2013 10:22 AM ET

Random tests overruled2:08

External Links

Supreme Court of Canada | CEP vs. Irving Pulp and Paper Ltd.

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The Supreme Court of Canada has overturned a company's right to impose mandatory, random alcohol testing on its unionized workers in a dangerous workplace.

In a 6-3 decision released on Friday, the court ruled the policy unilaterally adopted by Irving Pulp and Paper Ltd. in Saint John in 2006 for employees in safety sensitive positions is unreasonable.

The Supreme Court of Canada says random alcohol testing by an employer is only justified in certain circumstances. (Canadian Press/Adrian Wyld)

A dangerous workplace is not automatic justification for random testing, the court ruled in the case, which dealt narrowly with unionized workers and management's ability to balance privacy rights with the need for safety in dangerous workplaces.

The decision says dangerousness of a workplace only justifies testing particular employees in certain circumstances:

• Where there are reasonable grounds to believe an employee was impaired while on duty.
• Where an employee was directly involved in a workplace accident or significant incident.
• Where the employee returns to work after treatment for substance abuse.

"It has never, to my knowledge, been held to justify random testing, even in the case of 'highly safety sensitive' or 'inherently dangerous' workplaces like railways (Canadian National) and chemical plants (DuPont Canada Inc. and C.E.P., Loc. 28-0 (Re)(2002), 105 L.A.C. (4th) 399), or even in workplaces that pose a risk of explosion (ADM Agri-Industries), in the absence of a demonstrated problem with alcohol use in that workplace."

'In this case, the expected safety gains to the employer were found by the board to range from uncertain to minimal, while the impact on employee privacy was severe.'—Supreme Court of Canada

The case stems from a 2006 grievance filed by Local 30 of the Communications, Energy and Paperworkers Union of Canada (CEP), at the Irving mill.

"We respect the decision," Irving spokeswoman Mary Keith said in a brief emailed statement.

"We will be reviewing the decision and have no further comment at this time," she said.

"Our focus has and continues to be the safety of our co-workers and communities where we have operations."

Could affect Alberta Suncor case

David Coles, the national president of CEP, said the ruling is "very clear" and believes it will help resolve a similar dispute in Alberta.

Suncor Energy is trying to bring in a random drug and alcohol testing program for employees and contractors at its oilsands operations in Fort McMurray.

"As clear as it is written… if someone was to have random drug testing, they would have a fairly high bar to cross before they would be able to, I believe, get it past the judiciary because there just isn’t any evidence at all that it affects the outcome at work," said Coles.

"The fundamental issue here is there’s absolutely no evidence presented here or anywhere else that random drug testing increases the safety in any operation," he said.

"So it turns out to be nothing more than an invasion of ones' privacy with no net gain for the consequence of safety."

Coles said the union is opposed to anyone using any kind of alcohol or drug at work, but contends substance abuse is a societal issue that must be dealt with, not a workplace issue to be legislated.

"Stop spending so much money trying to beat on blue collar workers and get to the problem," he said. "You don't see random drug testing in downtown Toronto in the big white towers… And please don't tell me that the incidence of drug and alcohol abuse is any different in Fort McMurray than it is on Bay Street."

The Alberta Federation of Labour, which was an intervener in the Irving case, also believes the decision could influence the Suncor arbitration, said president Gil McGowan.

"Employers simply have to demonstrate there's a problem with drug abuse or alcohol abuse in the workplace before they can move ahead with these kind of arbitrary random drug testing regimes, but it's clear the employer didn't prove that and we would argue that they haven't been able to prove that in Suncor either. So we're very pleased with the decision."

The court found the Irving policy had been properly rejected by a labour arbitration board.

"In this case, the expected safety gains to the employer were found by the board to range from uncertain to minimal, while the impact on employee privacy was severe," the decision states.

Irving "exceeded the scope of its management rights under a collective agreement by imposing random alcohol testing in the absence of evidence of a workplace problem with alcohol use."

The court awarded "costs throughout" to CEP.

Daniel Leger, a lawyer representing the union, declined to discuss the amount involved, citing attorney-client privilege.

But he said the judgment will allow the union to recoup some of its legal costs in the seven-year dispute.

Broad implications

he decision from the top court could have broad implications. It is considered a national test case for how far an employer can go when it comes to a worker's right to privacy.

It attracted numerous interveners, including the Canadian Civil Liberties Association, the Canadian National Railway Company, Via Rail Canada, the Canadian Mining Association, and the Canadian Manufacturers and Exporters (CME), which describes itself as the largest industry and trade association.

Ian Howcroft, vice-president for the Ontario division of the CME, said it's "unfortunate" the Supreme Court did not uphold a company's right to do random testing.

But "it's encouraging the judgment did not close the door completely and companies may still be able to do some testing in certain circumstances," Howcroft said.

He maintains companies should have everything at their disposal to ensure the workplace is free of hazards.

Lawyer argues reasonable cause needed for testing

Irving Pulp and Paper Mill in Saint John had unilaterally adopted a policy of mandatory random alcohol testing for employees in safety-sensitive positions in 2006. (Flickr/Greg Hickman)

The Supreme Court heard arguments last December, but reserved its decision.

Fredericton-based lawyer David Mombourquette, who was representing the CEP, had argued a breathalyzer is an involuntary submission of bodily fluids and amounts to a high level of random personal intrusion.

Testing should only be permitted when there is reasonable cause, such as slurred speech or the smell of alcohol, he had said.

But the Irving company's lead counsel, Neil Finkelstein, had argued the policy is justified because the mill is full of hazardous chemicals, flammable substances, heavy rotating equipment, a 13,000-volt electrical system and a $350-million high-pressure boiler.

In addition, the mill had a history of drinking being a problem, he had said, citing eight documented incidents between 1991 and 2006, when the random testing policy was implemented.

In March of that year, millwright Perley Dey's name was randomly selected by a computer program to take a breathalyzer test.

Dey said he took the test because he was afraid of losing his job. The test showed a blood alcohol level of zero.

But Dey, who describes himself as a religious man who doesn't drink, said the test was humiliating and unfair.

An arbitration board allowed the grievance, ruling Irving had failed to establish a need for the policy. But a New Brunswick Court of Queen's Bench judge reversed that decision, which the union appealed.

The New Brunswick Court of Appeal dismissed the grievance in 2011, ruling the mill qualifies as an inherently dangerous workplace. The union appealed that decision to the Supreme Court of Canada.

President Clinton Announces Record Results at 2013 Clinton Global Initiative America Meeting

President Bill Clinton and NJ Governor Chris Christie Conclude the Meeting with a One-on-One Conversation

2014 CGI America meeting to convene in Denver, Colorado

CHICAGO – This year, CGI America attendees developed 74 new commitments valued at more than $1.6 billion, which aim to positively impact the lives of more than 2 million people in the United States. The two-day gathering attracted nearly 1,000 leaders of government, business, philanthropy, and NGOs dedicated to improving the nation’s long-term competitiveness. President Bill Clinton, Former U.S. Secretary of State Hillary Rodham Clinton, and Chelsea Clinton announced that, after three years in Chicago, the next CGI America meeting will convene in Denver in 2014. President Clinton and New Jersey Governor Chris Christie closed the meeting with a conversation on leadership, cooperation, and collaboration.

“Over the past few days, I’ve seen new partnerships formed and meaningful commitments made that will make a difference in the lives of more than 2 million people,” said President Clinton. “Thanks to these commitments, more than $1.4 billion of new capital will be invested in or loaned to small- and medium-sized enterprises, more than a quarter million people will have improved access to STEM education, and more than 1.2 million tons of greenhouse gasses will be avoided. The work of these dedicated leaders is a great example of what’s working and why collaboration is crucial for lasting success.”

“Over the years, there have been 2,600 concrete Commitments to Action at CGI,” said Former Secretary of State Hillary Rodham Clinton. “I traveled the world quite extensively, the last four years. One of the lessons I took away is that this model of partnerships and commitments is at the heart of what we need to do to meet the challenges of the twenty-first century.”

“CGI America participants have raised the bar by developing a record number of commitments before the meeting began, in addition to creating 50 other commitments and tangible action plans here on-site," said Chelsea Clinton. "Over the past two days, the collective dedication to creating the sorts of opportunities everyone in America deserves and our future needs is truly inspiring.”
Throughout the meeting, attendees generated Commitments to Action: new, specific, and measurable plans to address an economic challenge facing the United States. Some of the commitments announced today will help expand America’s advanced manufacturing sector, make Tennessee the first state to provide comprehensive transition services for all youth who “age out” of foster care, and launch an $11 million fund for healthy food enterprises in rural and urban communities.

When fully funded and implemented, these new CGI America commitments will ensure that:

• More than 10,000 jobs will be created or filled. Among these, nearly 1,500 are specifically indicated as clean/green jobs.
• More than $1.4 billion of new capital will be invested in or loaned to small- and medium-sized enterprises.
• More than 4,500 small- or medium-sized enterprises will receive non-monetary support, such as assistance developing business plans and pro bono consulting, technical training, and access to new markets.
• More than 250,000 people will have improved access to capital and financial services.
• More than 212,000 students will gain access to STEM education opportunities.
• More than 10,000 youth will gain access to mentoring.
• More than 10,000 teachers will be trained or gain new skills.
• More than $190 million of new capital will be invested in green initiatives.
• More than 1.2 million tons of greenhouse gasses will be avoided, mostly through building retrofits and energy efficiency efforts.

Bloomberg anchor Trish Regan hosted discussions for broadcast on Bloomberg TV on America’s energy security and getting capital off the sidelines, featuring Ellen Kullman, chair of the board and CEO of Dupont; Jim Rogers, chairman, president, and CEO of Duke Energy Corporation; Wesley Clark, chairman and CEO of Wesley K. Clark & Associates; Gary D. Cohn, president and COO of The Goldman Sachs Group, Inc.; Mark Cuban, entrepreneur; and Valerie Jarrett, senior advisor to the president, the White House.
In a session moderated by Ali Velshi, business anchor of Al Jazeera America, Houston Mayor Annise Parker, Jessica Jackley, venture partner at the Collaborative Fund, and Bill Simon, president and CEO of Walmart U.S., discussed what collaborations are required to ensure the country’s global competitiveness in the twentieth century.

For more information, including the full program, visit cgiamerica.org. Follow us on Twitter @ClintonGlobal and Facebook at facebook.com/clintonglobalinitiative for meeting news and highlights. The event hashtag is #CGIAmerica.

The following new commitments and progress reports were announced today:
Aligning Educational Pathways to Jobs & Careers

Commitment By: Business Roundtable
Partners: The Joyce Foundation; Lumina Foundation for Education, Inc.; Siemens AG; ACT Foundation
In 2013, the Business Roundtable committed to develop a summary of the U.S. job market to get a clearer picture of the current and potential role of industry-recognized certifications in order to address the skills gap. This summary will identify common elements among identified credentials, occupations and skills that are in-demand. The findings of the project will be utilized to inform the Business Roundtable’s action and advocacy efforts. A final report will be produced to advise the Business Roundtable’s future work on the creation of industry standards, in sectors where they do not exist, in order to address the skills mismatch. This work hopes to encourage industry leaders to take a leadership role in setting competency standards.

American DreamBuilder: The Women’s Business Creator
Commitment By: Freeport-McMoRan Copper & Gold Inc.
Partners: Thunderbird School of Global Management; Bluedrop Performance Learning; Fresh Start Women’s Foundation
In 2013, Freeport-McMoRan Copper & Gold, The Thunderbird School of Global Management, and BlueDrop Performance Learning committed to build off the success of their 2011 Commitment to Action that launched the DreamBuilder program in Latin America by bringing the program to the United States. The DreamBuilder program consists of 12 online business courses and a virtual support network that will be provided at no cost to at least 4,500 women in Arizona, Colorado, New Mexico, and Texas, giving these women the training and support they need to launch their own businesses.

Serving Our Female Vets/Military Families
Commitment By: Grace Institute
Partners: Rick Miners; Jeri Sedlar; Sheila Casey; Ariela Keysar; Eileen Lynch; Saundra Thomas; Eviction Intervention Services; Continuum Health Partners; OC61 Salon and Spa; Goldman, Sachs & Co.; Blue Star Families; General Belinda Pinckney; Women Veteran’s Interactive; Linear Media
In 2012, Grace Institute committed to tackling the issues of increasing homelessness and unemployment among female veterans. The Grace Institute aimed to enroll, train, and place in jobs 15 female veterans/female family members of veterans, who will be educated through the Grace Institute’s six-month, tuition-free job training program, offered support from Social Work staff, and provided access to numerous programs to aid in the transition to civilian life. The Grace Institute’s commitment to target specifically female veterans and military spouses and families has led to a significant increase in their representation within the program. The class that began in August 2012 admitted four female veterans and 16 military family members while the class that began in April 2013 includes four female veterans and 11 military family members. In total, 36 women have been admitted to the program to-date and five have been placed into employment.

Expanding Jobs to Build On
Commitment By: Consortium for Worker Education
Partners: The New York City Council; Kingsborough Community College Association, Inc.; City University of New York (CUNY); Nontraditional Employment for Women (NEW); South Bronx Overall Economic Development Corporation (SoBRO); East River Development Alliance; Henry Street Settlement; Brooklyn Workforce Innovations (BWI)
In 2011, The Consortium for Worker Education committed to scaling its Jobs to Build On (JtBO) program, which will place 1,250 New York City residents in full-time, living wage occupations – jobs paying $10.50 per hour with employee health benefits and $11.50 per hour without – and provide them with follow-up tracking and retention services for one year. CWE’s CGI Commitment to Action ran from July 1st, 2011 to June 20, 2012, during which a total of 3,076 individuals received workforce preparation, 1,482 individuals were placed in employment opportunities, and 922 entered training programs. Participants gained employment in nearly every industrial sector, including transportation, healthcare, travel and tourism, construction and building maintenance, administration, civil service, and the emerging green industries.

Engaging and Mentoring Youth Thru Culinary Arts
Commitment By: Emeril Lagasse Foundation
Partners: Liberty’s Kitchen, Inc.
In 2013, the Emeril Lagasse Foundation committed to investing in the expansion and scaling of Liberty’s Kitchen. Liberty’s Kitchen will relocate to a much larger space as part of the ReFresh Project in New Orleans, and as a result of increased operational space they will serve an additional 200 under resourced youth over two years in foodservice training and employment connections. As part of Liberty’s Kitchen social enterprise model, food prepared by trainees will provide an additional 4,000 healthy meals for school children in New Orleans.

National Database of Black Businesses
Commitment By: U.S. Black Chambers, Inc.
Partners: Dell Inc.; ESRI
In 2013, the U.S. Black Chambers, Inc. (USBC) committed to creating an online database of African-American businesses in the United States. The USBC seeks to include 10,000 businesses in the database within the next 12 months. With this commitment, USBC will leverage its membership of over 240,000 businesses and its strategic partnership with national organizations to become the repository for Black business statistics. This database will serve as a resource for corporations, business owners, consumers, and other stakeholders to make more informed business decisions.

EMPOWERHER: Reinventing and Restoring communities
Commitment By: Dress for Success
Partners: The Fortune Society; Grace Institute; Foodbank for New York; Sanctuary for Families; Phoenix House
In 2013, Dress for Success Worldwide committed to address the reintegration and reemployment needs of formerly incarcerated women by creating and implementing the EmPowerHER pilot program to provide a framework for the reentry and restoration of these women into their communities. By collaborating with reentry programs to broaden and deepen support networks and implementing the Going Places Network by Walmart and the Professional Women’s Group, EmPowerHER will provide a continuum of services to women at all phases of the journey and address the unique circumstances facing this population while they transition effectively into the workforce.

Creating Veteran-Owned Coops for Deep Energy Retrofits
Commitment By: Building Performance Contractors Association of NY State
Partners: Cooperative Development Institute; State of New York; Green Workers Cooperative Academy
In 2013, as a dual effort to provide sustainable career pathways for veterans and reduce energy waste in American homes, the Building Performance Contractors Association of New York State (BPCA) committed to developing a veteran-owned cooperative business to perform deep energy retrofits in New York. This pilot start-up will create 15 new jobs and complete 24 home retrofits in one year. Through the launch of this initial coop, BPCA will create the infrastructure, which will include operational resources for business development as well as training and mentor support, for a scalable and replicable model that can be used across other communities in the U.S.

Empowering Workers to Save and Invest in their Futures
Commitment By: EARN
Partners: SaveUp; Citigroup Inc.
In 2013, EARN committed to improving savings and wealth creation for low-income communities with incentive-based savings tools that will foster lifelong savings habits, skill building, and secure financial assets among low-wage workers. Through a new mobile-enabled online platform, EARN will open 10,000 new rewards savings accounts over the next three years for targeted individuals who have no previous history of savings but aspire to reach short- and long-term financial goals. This commitment is a part of a larger scaled expansion for EARN to help 1 million low-wage workers save $1 billion by the year 2022.

Preventing Summer Reading Loss with Mobile Technology
Commitment By: Kids Read Now
Partners: One Call Now; Leib and Barbara Lurie Foundation; City of Piqua; City of Vandalia; United Way of Troy, Ohio
In 2013, Kids Read Now committed to expanding a research-driven program to address summer reading loss for first- through third-graders in Southwest Ohio. Every Sunday night, the family will receive a phone call or text message via One Call Now communications technology, which the student responds to with the title of the book he or she read and how much he or she enjoyed the book of their choosing. When the data is received by Kids Read Now, the next book will be mailed. If the student continues to read every week, he or she can earn all nine books on their list. Students will be tested as they exit school in the spring and again as they enter school in the fall to measure summer learning loss. The short-term goal is for all children participating in the Kids Read Now program to enter the school year reading at grade level. The long-term outcome will be all participating children reading at grade level by the time they enter fourth grade. When brought to scale, this commitment will reach over 18,000 children in first through third grades by 2015.

Inspiring a New Generation of Entrepreneurs and Innovators
Commitment By: The National Center for Entrepreneurship and Innovation
Partners: Cognizant Technology Solutions Corporation; Make Media; New York Hall of Science; Maker Education Initiative
In 2013, the National Center for Entrepreneurship and Innovation (NCEI) committed to create an exhibition space near the National Mall in Washington, D.C., to celebrate entrepreneurship and innovation in America. The NCEI envisions this space opening by 2024 and reaching a significant share of the 30 million visitors who come to the Mall each year. Over the next three years, the NCEI will also conduct programs to reach 50,000 youth with in-person experiences that foster interest in entrepreneurship. Specifically, the NCEI will engage class trips to Washington, D.C., in a unique curriculum featuring design and 3D printing workshops as well as meetings with entrepreneurs. It will also begin convening a Young Makers on the Mall celebration every summer.

Appalachian Community Capital
Commitment By: Appalachian Regional Commission; Kentucky Highlands Investment Corporation; Deutsche Bank AG; Pathway Lending; Virginia Community Capital
Partners: Mary Reynolds Babcock Foundation, Inc.; Bank of America Corporation; Blue Moon Fund; State of Virginia; Mountain Association for Community Economic Development; Alternatives Federal Credit Union; Mountain BizWorks; The Progress Fund; Access to Capital for Entrepreneurs; Appalachian Development Corp; Appalachian Development Corp; Natural Capital Investment Fund
In 2013, the Appalachian Regional Commission, along with local Community Development Financial Institutions (CDFIs) and philanthropic and bank investors, committed to establish a new financial intermediary, Appalachia Community Capital, and help capitalize it with $42 million. Over the next 24 months, this new financial intermediary will leverage $233 million of private bank capital and help create 2,200 jobs throughout the Appalachian region. Appalachian Community Capital will significantly increase business lending in Appalachia by pooling the capital needs of its members, attracting investors at a larger scale, and providing a simplified vehicle for impact investors; dramatically reducing underwriting and servicing costs associated with investing in individual CDFIs. Additionally, the new institution will facilitate sharing of best practices between new and emerging Appalachian loan funds and bring new and needed financial products to the region. Ultimately, this capital will support growing loan demand in a variety of sectors including agriculture, energy, health care, and manufacturing.

Mobilizing STEM Professionals to Mentor Students
Commitment By: US2020
Partners: Hewlett-Packard Company; Tata Consultancy Services Ltd.; Cisco; Cognizant Technology Solutions Corporation; NCTAF
In 2013, US2020 and a wide range of partners committed to the launch of the US2020 City Competition, a contest through which cities and counties will develop and submit plans to significantly increase the number of local STEM professionals who mentor students. After selecting up to five winning cities, US2020 will give those cities additional resources to operationalize their plans as US2020 pilot cities and will publically recognize their efforts so as to encourage others to follow their lead. Additionally, US2020 and its partners will work nationally to match STEM professionals with mentoring opportunities via an online matching platform as part of a larger movement to greatly increase STEM mentorship across the country. These efforts will enable at least 5,000 STEM field professionals to mentor a minimum of 10,000 students and provide them with increased opportunities to develop the skills they will need to be the inventors and technologists of the future.

Mobilizing for 20,000 Excellent New STEM Teachers
Commitment By: Carnegie Corporation of New York
Partners: American Museum of Natural History; Ashoka Changemakers; Citizen Schools; Baltimore City Public Schools; Broad Institute of MIT and Harvard; Creative Commons; Google Inc.; The National Science Foundation; KIPP Houston; EnCorps; Good Corps; DSST Public Schools; DSST Public Schools; IDEA Public Schools, and many others.
In 2011, the Carnegie Corporation, along with a wide range of partners, committed to identifying and funding programs that focus on recruiting and training 20,000 new STEM teachers within three years, while supporting existing STEM educators. To do this, Carnegie and its partners planned to create a funding pool valued at a minimum of $20 million and invite relevant programs to apply. The commitment, now known as 100Kin10, has progressed significantly since its launch in 2011. After having exceeded the initial goal of $20 million by $4 million, the campaign launched a second fund that has raised $7.5 million to date, with a target goal of $20 million by June of 2013. In addition, the network has surpassed 130 partner organizations. As a result of the growing movement, over 7,000 STEM teachers have been recruited and trained, with thousands more supported and retained to date. Partners have committed to training more than 35,000 new teachers on the way to their goal of training 100,000 by 2021.

Joint Wind Power Development Project on Tribal Lands
Commitment By: Cheyenne River Sioux Tribe; Crow Creek Sioux Tribe; Yankton Sioux Tribe; Rosebud Sioux Tribe; Oglala Sioux Tribe
Partners: Arent Fox LLP; Herron Consulting LLC; Intertribal Council on Utility Policy; Rally; Liati Group LLC; Bush Foundation; Rockefeller Philanthropy Advisors
In 2013, five Sioux Tribes in South Dakota committed to the formation of the Oceti Sakowin Power Authority, a multi-tribal Power Authority, with the purpose of designating Tribally-owned land for a wind farm and transmission facilities. The Sioux Tribes committed to the creation of the Power Authority and the pre-development phase of a longer-term project to finance, develop, and operate a 1,000 megawatt utility-scale wind power and transmission system across the South Dakota Sioux Reservations. The creation of the Power Authority will uniquely allow the Sioux Tribes to own the wind and transmission assets and distribute the surplus revenue to its member Tribes.

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 About CGI America

The Clinton Global Initiative (CGI), an initiative of the Clinton Foundation, convenes global leaders to create and implement innovative solutions to the world’s most pressing challenges. Established in June 2011 by President Bill Clinton, the Clinton Global Initiative America (CGI America) addresses economic recovery in the United States. CGI America brings together leaders in business, government, and civil society to generate and implement commitments to create jobs, stimulate economic growth, foster innovation, and support workforce development in the United States. Since its first meeting, CGI America participants have made close to 300 commitments valued at nearly $15 billion when fully funded and implemented. To learn more, visit cgiamerica.org.
CGI also convenes an Annual Meeting, which brings together global leaders to take action and create positive social change, CGI University (CGI U), which brings together undergraduate and graduate students to address pressing challenges in their community or around the world, and, this year, CGI Latin America, which will bring together Latin American leaders to identify, harness, and strengthen ways to improve the livelihoods of people in Latin America and around the world. For more information, visit clintonglobalinitiative.org and follow us on Twitter @ClintonGlobal and Facebook at facebook.com/clintonglobalinitiative.

President Bill Clinton, Former Secretary of State Hillary Rodham Clinton, Chelsea Clinton Convene Nearly 1,000 Leaders from Business, Government, Philanthropy, and NGOs at CGI America Meeting

Commitments will improve economic and social mobility, infrastructure financing, disaster recovery, workforce development, and renewable energy

Chicago, IL – Today, President Bill Clinton, Former U.S. Secretary of State Hillary Rodham Clinton, and Clinton Foundation Board Member Chelsea Clinton opened the third meeting of Clinton Global Initiative America in Chicago, joined by nearly 1,000 business, government, and civil society leaders dedicated to boosting economic recovery and the long-term competitiveness of the United States.

Throughout the day, CGI America participants attended sessions, forged partnerships, and developed Commitments to Action – new, specific, and measurable plans to address a pressing challenge facing the U.S. economy. Commitments announced on the first day of the meeting will increase the resilience of Hurricane Sandy-affected communities, expand the role of design-based problem solving in engineering education, and develop digital badges for students and workers.

“It has been an eventful three years since we started CGI America. The economy is getting better, the unemployment rate is down, and optimism about our future is up. Around the world, interestingly enough, there are a lot of people who are trying to figure out how to grow their economies which will help us to grow ours, but we still have some rather staggering challenges,” said President Bill Clinton. “Unemployment is down, but underemployment is up. Credit card debt is down, but student debt is up. We know the private sector is growing, but wages remain flat. So, we've got things to be happy about and challenges to work on."

At the Opening Plenary session of the CGI America meeting, Former Secretary of State Hillary Rodham Clinton presented a three-part plan for her work at the Bill, Hillary & Chelsea Clinton Foundation. "It is a pleasure to be here in Chicago participating as a private citizen, as a co-host of CGI, and as a representative of what we are officially renaming the Bill, Hillary & Chelsea Clinton Foundation,” said Former U.S. Secretary of State Hillary Rodham Clinton. "I am thrilled to fully join this remarkable organization that Bill started a dozen years ago, and to call it home for the work I will be doing, some of which I will outline today, and we’ll have an exciting announcement tomorrow as well."

“This year’s meeting of CGI America has already proven to be energetic, dynamic and productive with the panels, working group sessions and most of all the progress reports and new commitments," said Chelsea Clinton. "Everyone I've talked to from mayors to educators to small business owners to investors are all optimistic about our country's future, particularly our young people, and are determined to ensure that we are making the investments we need to build the future we all want. I can't wait for tomorrow."

Former Secretary Clinton’s call to action was followed by the panel “American Dreams, American Realities: Achieving Economic and Social Mobility,” an assessment of the chronic challenges faced by underserved populations such as women, minorities, youth, and the millions who occupy the bottom third of the income bracket. President Clinton joined Hamdi Ulukaya, founder, president, and CEO of Chobani, Inc.; Eva Longoria, founder of the Eva Longoria Foundation; and Sara Martinez Tucker, chief executive officer of National Math + Science Initiative, and Laysha Ward, president, community relations, of Target Corporation as they explored the most effective ways to create a more inclusive economic recovery and ensure adequate opportunities for advancement.

Later in the day, leaders addressed the need for industries and communities to adjust to the realities of the new economy in “American Adaptability: People, Places, and Enterprise,” moderated by Chelsea Clinton. Edward Fenster, co-chief executive officer of Sunrun; Jim Gibbons, president and CEO of Goodwill Industries International, Inc., Janet Murguía, president and CEO of National Council of La Raza; and Scott Smith, mayor of Mesa, Ariz. discussed on how to increase Americans’ optimism about their economic prospects and better prepare them for future shocks.

In working sessions throughout the day, attendees addressed various issues tied to the nation’s economic future, such as empowering girls and women, improving health care, launching and scaling successful social enterprises, eradicating the digital divide, encouraging economic growth and innovation in rural communities, connecting veterans to economic and social support through technology, and preparing youth for the jobs of tomorrow.

The 2013 meeting of CGI America is sponsored by: J.B. & M.K. Pritzker Family Foundation; Allstate Insurance Company; American Federation of Teachers; APCO; Chevron; Diageo; ExxonMobil; Freeport-McMoRan Copper & Gold; The Joyce Foundation; MacArthur Foundation; Peter G. Peterson Foundation; and Toyota.

The full program, webcast schedule, and list of all CGI America commitments is available at cgiamerica.org. Follow us on Twitter @ClintonGlobal and Facebook at facebook.com/clintonglobalinitiative for meeting news and highlights. The event hashtag is #CGIAmerica.

The following new commitments were announced today:

Building Our 21st-Century Cities
Commitment By: Infrastructure Financing for Cities Task Force
In 2013, The Infrastructure Financing for Cities (IFC) Task Force committed to work together over the next year to advance efforts that better facilitate the investment of private and nontraditional sources of capital in public infrastructure projects in U.S. Cities, and to support member cities in their efforts to advance specific projects. In the next year, the Task Force will work on a set of mutually agreed upon principles to guide cities through their potential public-private partnerships. Private entities have also committed to work in partnership with the Task Force to create a roadmap detailing items that private partners may look for when considering a city partnership. Information gathered at IFC gatherings will be compiled into databases that mayors can tap into for best practice information. Additionally, each city will commit to advancing at least one job-creating project in their own city. With the launch of this Commitment to Action, four cities are prepared to announce their respective projects: Atlanta, Chicago, Louisville, and Redmond.

Designing Recovery: Envision the Future by Building it Now
Commitment By: St. Bernard Project
In 2013, the St. Bernard Project (SBP), along with its partners, committed to launching an open-sourced design competition to improve post-disaster recovery and housing in three communities still recovering from disaster: Joplin, Missouri, New Orleans, Louisiana, and Queens, New York. The top design for each location was used as a model for energy efficient and resilient home building. Competition designs were made available for access in the public domain to ensure other communities across the U.S. have access to them during future disaster recovery efforts. As part of SBP’s commitment, a groundbreaking on the first pilot house in Queens, New York was held to coincide with the one year anniversary of Superstorm Sandy.

Empowering Five Post-Sandy Communities via Solar Energy
Commitment By: Global Green USA
In 2013, Global Green USA committed to install model grid-tied, back up solar energy systems at five or more community centers in New York and New Jersey neighborhoods devastated by Hurricane Sandy. The first, full-scale “Solar for Sandy” installation, utilizing lead funding from IKEA, will be installed at the Red Hook Community Center and Pool. Global Green's “Solar for Sandy” will serve as a model for the resilient rebuilding of devastated communities by providing ongoing savings in energy bills, as well as back-up electricity through batteries that deliver power even when the electricity grid goes down.

Digital Badges: Unlocking Two Million Better Futures
Commitment By: MacArthur Foundation; Mozilla Corporation; Humanities Research Institute, University of California
In 2013, the John D. and Catherine T. MacArthur Foundation, Mozilla, and HASTAC committed to providing the information, technical assistance, and support needed to enable employers, institutions of higher learning, school districts, and other organizations to begin using digital badges as a method of recognition and assessment for university admittance, credentialing, and employer hiring and promotion. Over the three years of this commitment, these new badging opportunities will re-imagine how employers and educational institutions assess and recognize what a person knows and can do, creating new paths to college and career advancement for 1 million students and 1 million workers.

Fostering Design Innovation & Digital Manufacturing
Commitment By: University of California, Berkeley; Paul and Stacey Jacobs Foundation
In 2013, UC Berkeley's College of Engineering, with generous funding from the Paul and Stacy Jacobs Foundation, committed to establishing the new Jacobs Institute for Design Innovation at UC Berkeley's College of Engineering. The Jacobs Institute will greatly expand the role of design in engineering education at all levels and empower young engineers to design innovative solutions to society's biggest challenges. Launching in 2014, once fully operational, the Institute expects to reach 1,500 undergraduate and graduate students per year by 2017. Through the Jacobs Institute for Design Innovation, students will address considerations, including technological innovation, societal issues such as privacy, and the development of new business models to provide market viability.

The following progress reports were announced today:

Inversiones: A Small Business Investment Initiative
Commitment By: National Association for Latino Community Asset Builders
In 2012, The National Association for Latino Community Asset Builders committed to support the creation and expansion of 1,500 small businesses in predominately Latino communities, catalyzing the creation of 4,000 jobs. This commitment, in partnership with the Valley Economic Development Center, Acción Texas, Inc., Chicanos Por La Causa, and a national network of non-profits, will expand the availability of culturally and linguistically relevant services that open access to markets, strengthen competitiveness, and increase the flow of small business lending. Over a three-year period, the commitment will provide small business development services to 5,000 owners and entrepreneurs, complete $50 million in small business lending, and secure $15 million in financing for economic development projects.

Doubling of Make an Impact Program
Commitment By: Center for Climate and Energy Solutions (C2ES)
In 2012, the Center for Climate and Energy Solutions (C2ES) committed to the expansion of the Make it Right program, a unique employee-focused energy efficiency program to educate and empower individuals to understand and reduce their personal carbon footprint. The program has far surpassed its goal to engage individuals to make personal pledges to reduce carbon by 2,722 tons, with participants to date pledging to reduce more than 27,000 tons of carbon this year. In addition, the program is on track to achieve the second goal of engaging 16,000 individuals, having reached more than 12,000 since the commitment was made.

Changing Youth Perceptions of STEM Through Creative Writing
Commitment By: Time Warner Cable Inc. and 826 National
In 2012, Time Warner Cable and its partners, 826 National and the Coalition for Science Afterschool, committed to launch a pilot of a STEM-based creative writing workshop in Los Angeles, New York City and San Francisco, engaging 90 students in science themed creative writing classes, which will serve as a springboard to explore STEM subjects for students that otherwise may not ever be exposed to them. The result was a four-week STEM and Creative Writing pilot program conducted in the summer of 2012 at 826 National chapters in Los Angeles and New York, where more than 60 kids engaged in hands on learning around a range of fun and inquiry-based topics including the science behind ice cream and deep space exploration. It also produced two student-authored STEM themed publications, Don’t Forget a Rocket (826LA) and The Ballerina and The Hurricane (826NYC). With such encouraging results, the project will continue beyond the time frame of the completed commitment. Additional hands-on science and creative writing lessons will be created in the coming months and several workshops will be conducted at non-826 youth organizations to ensure that these workshops can be conducted effectively in alternate settings.

Entrepreneurial Green Jobs for Low-Income Young Adults
Commitment By: YouthBuild USA
In 2012, YouthBuild USA committed to expand its Green Business Initiative to create 100 green jobs for low-income young adults, and to give YouthBuild affiliates an opportunity to manage a revenue-generating business. Specifically, up to 20 affiliates would sub-license Advance Energy Panel (AEP) technology from YouthBuild USA (the national organization) to develop an auxiliary business that will manufacture and install AEPs in their respective communities. Fall River EcoSolutions (FRES) took orders, manufactured and installed AEPs, and provided employment to two YouthBuild graduates and one general manager through October 2012 as part of demonstrating concept and determining next steps to meeting commitment. FRES established key relationships with a for-profit licensee of AEPs, extended FRES's license with Windo-Therm for a ten year period, and marketed and built product awareness with a number of individual and business customers, including many affordable housing apartment owners.

The Portland Retrofit Collaborative (Clean Energy Works Oregon)
Commitment By: Clean Energy Works Oregon
Leveraging the state of Washington's EEAST legislation (HB 2626), the Portland Retrofit Collaborative committed in 2009 to build upon the group of partners from the ongoing 500-home residential retrofit pilot and expand it so as to promote greater investment in the scaling-up of building efficiency projects – in particular, residential and small business retrofits – and to drive long-term market transformation. This commitment aimed to demonstrate at community-scale how diverse partnerships and state-of-the-art financial tools can catalyze residential and small business retrofit development, build new markets, provide new opportunities for underserved populations, and yield significant benefits from the reduction of carbon.

Investing in Early Childhood Education Innovations
Commitment By: J.B. Pritzker and M.K. Pritzker Foundation; Goldman Sachs Group
In 2012, the Pritzker Children's Initiative committed to the launch, leadership, and support of a new Early Childhood Innovation Accelerator. This Accelerator is the first hybrid investment vehicle dedicated to advancing private sector innovations that accelerate the availability of quality public and private early childhood education systems for vulnerable and disadvantaged children nationwide. Specifically, these commitment goals will be addressed through three strategic types of investments made through the Accelerator: Capital Market Innovations; Enterprise and Venture Innovations; and Market Building. Through these efforts, investments through the Accelerator aim to reach 500,000 infants, toddlers, and their families over 10 years.

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About CGI America
The Clinton Global Initiative (CGI), an initiative of the Clinton Foundation, convenes global leaders to create and implement innovative solutions to the world’s most pressing challenges. Established in June 2011 by President Bill Clinton, the Clinton Global Initiative America (CGI America) addresses economic recovery in the United States. CGI America brings together leaders in business, government, and civil society to generate and implement commitments to create jobs, stimulate economic growth, foster innovation, and support workforce development in the United States. Since its first meeting, CGI America participants have made more 200 commitments valued at $13.4 billion when fully funded and implemented. To learn more, visit cgiamerica.org.

CGI also convenes an Annual Meeting, which brings together global leaders to take action and create positive social change, CGI University (CGI U), which brings together undergraduate and graduate students to address pressing challenges in their community or around the world, and, this year, CGI Latin America, which will bring together Latin American leaders to identify, harness, and strengthen ways to improve the livelihoods of people in Latin America and around the world. For more information, visit clintonglobalinitiative.org and follow us on Twitter @ClintonGlobal and Facebook at facebook.com/clintonglobalinitiative.

CLINTON FOUNDATION AND NEXT GENERATION LAUNCH
“TOO SMALL TO FAIL” CHILDREN’S INITIATIVE

Hillary Rodham Clinton announces new partnership to provide parents and businesses with cutting-edge research on how to improve the lives of children ages zero to five

Watch the video at www.toosmall.org
On Twitter: @2smalltofail
On Facebook: https://www.facebook.com/2smalltofail

New York, NY; San Francisco, CA – Former Secretary of State Hillary Rodham Clinton and the Bill, Hillary & Chelsea Clinton Foundation are partnering with Next Generation, a non-partisan strategic policy and communications organization, to launch “Too Small To Fail,” a new initiative to improve the health and well-being of children ages zero to five. Too Small to Fail will promote scientific research about early childhood development with the goal of reaching as many American parents and business leaders as possible and motivating them to act.

"One of the best investments we can make as a nation is to give our kids the ingredients they need to develop in the first five years of life,” Secretary Clinton said. "We will help bring together the tools that will give children the chance to succeed by the time they’re five, so that when those kids get to school, they’re able to compete, they are more able to pursue their own dreams. That’s what excites me about Too Small to Fail.”

Click here to watch the Too Small to Fail video.

To provide American parents with the resources they need to help their children succeed, Too Small to Fail will work to:

• Promote important new research on the science of children’s brain development and on the impact of early nutrition and health on childhood development;
• Launch a personal action campaign aimed at encouraging parents and caregivers to take simple actions proven to improve learning and health;
• Launch a private sector action campaign designed to secure business commitments that will improve conditions for families; and
• Convene childhood development experts, parents, private sector leaders, and other stakeholders in a major, national discussion that helps further advance understanding of the science of early childhood development.

“It’s economically irresponsible to think we can continue to thrive as a nation with a generation of kids who aren’t prepared to enter an increasingly competitive global economy,” said Jim Steyer, Chair of the Board and co-founder of Next Generation. “I am thrilled that Secretary Clinton, who began her work on behalf of America’s kids so long ago, is joining with Next Generation to help us create a better world for the next generation of Americans.”

“Too Small to Fail will seek out and promote evidence-based, measurable actions parents can take—such as talking to their toddlers to increase their vocabulary, and pregnant moms taking prenatal vitamins to support their babies’ health,” said Ann O’Leary, Vice President and Director of the Children & Families Program at Next Generation. “The Initiative will also pinpoint actions that business leaders can take, like managing work schedules so parents can spend time with their young children, and providing education and information to consumers about the importance of early learning and early health.”

“New scientific research gives us insight into what we can do to help kids learn and grow more effectively; new behavioral research gives us an understanding of what motivates people to act; and new technology allows us to reach millions of parents and caregivers,” said Maura Pally, Executive Director of the Office of Hillary Rodham Clinton at the Clinton Foundation. “Too Small to Fail will bring these tools to bear.”

Interested parents, community and business leaders, and individuals who visit www.toosmall.org can join the Initiative and receive updates on the latest research and actions they can take to improve the health and educational prospects of children. The initiative will also utilize broadcast, print, and social media to reach parents, caregivers and business leaders across the country.

Too Small to Fail was originally conceived of and developed by Next Generation (www.thenextgeneration.org). Initial support was provided by the TomKat Charitable Trust, the W.K. Kellogg Foundation, and the Ford Foundation. Too Small to Fail has also formed a partnership with Parents Magazine (http://www.parents.com/parents-magazine/), the premier publication focused on sharing the science of childhood development with new parents and mothers.

Sign up for updates at www.toosmall.org
On Twitter: @2smalltofail
On Facebook: https://www.facebook.com/2smalltofail

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About Next Generation
Next Generation promotes solutions to two of the biggest challenges confronting the next generation of Americans: The risk of dangerous climate change, and the threat of diminished prospects for children and families. Through the use of non-partisan research, policy development, and strategic communications, we identify strategies that help deploy clean, advanced energy technologies; we also work to ensure a level playing field from which today’s kids can build a brighter future.

Learn more at www.thenextgeneration.org, www.facebook.com/thenextgeneration.org and on Twitter @nextgen_USA.

About the Bill, Hillary & Chelsea Clinton Foundation
The Bill, Hillary & Chelsea Clinton Foundation works to improve global health, strengthen economies, promote health and wellness, and protect the environment by fostering partnerships among governments, businesses, nongovernmental organizations, and private citizens—leveraging their expertise, resources, and passions—to turn good intentions into measurable results.

Learn more at http://www.clintonfoundation.org, and on Twitter @ClintonFdn