History of Unionization

Pre-unionization

• Workers had few rights as the employer made all the rules during pre-unionization
• It was illegal to quit or refuse job offers and to bargain collectively or form a union
• Yellow dog contracts were not barred
• The employment relationship primarily involved employers and employees
• Governments and associations were rarely involved
• Laws generally empowered employers when invoked
• Working conditions were poor with no working hour restrictions, no minimum pay, child labour, and no assistance in case of injury or death
• Many "surplus children" emigrated to Canada to work as farm labour and were usually sent by humanitarian organizations
• Most of these children came from impoverished families or were abandoned, and they ranged in age, though mostly older kids (8+), younger children were not uncommon (e.g. 4-5)
• Children were recruited through advertisements in local papers
• Phossy jaw was common in match factories

The Movement to Unionization (1900-1920)

• Craft unionism/New model unionism (late 1800s) involved membership based on trade or craft.
• Examples of craft unionism included typesetters, tailors, shoemakers, and shipwrights
• Many craft unions were formed from the guild tradition and rooted in the apprenticeship system
• Craft unions sought to minimize wage competition
• Workers outside the craft were excluded, leading to a split in the labour movement
• Craft unions operated illegally until 1872

The Birth of Unionism

• The nine-hour movement and the Trade Union Act of 1872, inspired by similar movements in the UK and sought to reduce the workday for Canadian workers
• Sparked by workers in Hamilton and spread to elsewhere in Canada, and was highly contested
• While gains were limited and the goal largely failed, it influenced Sir John A. Macdonald to introduce the Trade Union Act (1872)
• Reacting specifically to the arrest and prosecution of 24 leaders associated with the Toronto printers strike (as political strategy)
• The formation of unions was legalized, but the right to strike remained illegal

The American Federation of Labor (AFL) and the Trades and Labour Congress (TLC)

• The AFL formed out of the craft tradition in the US (1886) by Samuel Gompers and operated with the following guiding principles: exclusive jurisdiction ("one union per craft"), business unionism(focusing on servicing members), and political nonpartisanship
• The TLC was formed out of the defunct Canadian Labour Union (formed in 1873), and largely composed of AFL affiliates, but broader as the Knights of Labor were affiliated

The Knights of Labor

• Founded in Philadelphia (1869), initially as a secret society
• Believed in representing skilled and unskilled labour
• Opposed strikes
• Sought to establish cooperative businesses operates by union members which contrasted with the AFL's business unionism approach

The Struggle to Form Unions in the Early 1900s

• Characterized by large strikes, a deepening divide in the labour movement, rapid economic development, and World War 1 (1914-1918)

The Berlin Convention (1902)

• The Trades and Labour Congress (TLC) ejected unions that did not share the AFL's vision, which caused a deep divide in the labour movement
• The Industrial Disputes Investigation Act (IDIA) established a "cooling off" period by requiring conciliation prior to a strike or lock-out

The Winnipeg General Strike (1919)

• A highly solidaristic strike by over 30,000 workers from different occupations supporting the metal and building trades
• Built on momentum to build class solidarity through "One Big Union"
• Sympathy strikes spread to other big cities
• Led to prison sentences for many strike leaders

Building Solidarity through One Big Union (OBU)

• Founded in 1919, the OBU represented a subset of unionists who voted to separate from the TLC
• The new organization embraced guiding principles to achieve an ambitious social agenda. The principles focused on organizing all workers, embraced social movement unionism, and kept strong ties to the Socialist Party of Canada (SPC)
• Origins trace to the Knights of Labor and the Industrial Workers of the World (IWW)
• The union flourished briefly, but kept the momentum toward the expansion of industrial unionism and comprehensive rights to collective bargaining

Decline and Resurrection (1930s and 1940s)

• The foundation of the Canadian model is largely inspired by US legislation
• The National Labor Relations Act (Wagner Act) was introduced by American Senator Robert Wagner in 1935 and was influenced by the Great Depression (commenced in 1929)
• This law greatly influenced Canadian labour law and has been replicated in the provinces
• The Act created an independent agency to enforce rights to collective bargaining (National Labor Relations Board – NLRB)
• Employers were required to bargain with certified unions
• Unfair labour practices were restricted via the NRLB
• The NLRB gave the power to order remedies for employer violations (pay back, employee reinstatement)
• The doctrine of exclusivity (bargaining with one union) was enforced and collective bargaining was encouraged

Importing the Wagner Model to Canada

• The Wartime Labour Relation Regulation (P.C. 1003) (1944) replicated the Wagner Act federally, triggering the spread of Wagner-like legislation in Canada
• This included mechanisms for handling workplace disputes through collective agreements (grievance procedures) and conciliation procedures prior to strikes
• The Rand Formula followed based on Supreme Court Justice Ivan Rand's interpretation of an arbitration decision and required automatic due checkoffs for union and non-union employees
• Separation of the Congress of Industrial Organizations (CIO) from the AFL also played a big role in the formation of contemporary unionism
• Industrial unionism was embraced (organizing all workers in an industry), and the TLC followed the AFL's lead
• Industrial unionism flourished, and it formed in 1935 but split in 1938 to become a rival federation

Trends in Unionization (1950s and 1960s)

• Founded in response to a merger of the AFL and CIO in 1956, the Canadian Labour Congress (CLC) merged the industrial-based CCL and trade-based TLC and reflected compromises in social and business unionism. They embraced broad social reform agenda and links to newly formed the New Democratic Party and it was partially an outcome of McCarthyism in the United States
• The Public Service Staff Relations Act (PSSRA) (1967), initiated federally, marked a trend extending collective bargaining rights to the public sector, and public sector unions flourished

Trends in Unionization (1970s and 1980s)

• New pressures on collective bargaining arose due to wage and price controls like Trudeau's Anti-Inflation Board, which conflicted with rights to collectively bargain wages
• Free Trade Agreements exposed unionized workers to low-cost labour abroad
• Canadian unions exhibit nationalism, were more critical of linkages with American economy, and moved towards Canadian oriented unions
• Especially the Canadian Auto Workers (1985 split from the United Auto Workers)

Trends in Unionization (Increased Resistance in the 1990s)

• Changing structures of local and global markets, high inflation, and job loss
• Shifts towards public austerity in government policymaking, including privatization (Petro-Canada and Air Canada)
• Government interventions in collective bargaining, (back-to-work legislation)
• Increased collective protest against working conditions and shifts in public policy

Trends in Unionization (2000s and Beyond)

• Facing fundamental transformations in the economy
• Continued economic restructuring like loss of manufacturing jobs and policymakers continue to restrain public spending
• Rise of non-standard work, part-time, and independent contractors
• Gig work proliferated
• Collective protest continues
• Little shift away from neoliberal turn

Summary of Canadian Labour History

• Shifts in unionism occurred from craft-unionism, to industrial unionism, to public sector unionism, to union decline and a search for renewal
• Shifts in legislation occurred from discouraging collective bargaining, to encouraging it, to an outmoded model (less useful to workers + exhibits gaps in the workforce)
• Shifts in the structure of the economy occurred away from full-time and standard work, and a decline in manufacturing, to growth in service work and the digital economy
• Shifts in the structure of the economy is the key reason why union membership grows, but not in proportion to workforce

Collective Bargaining in Canada

• Union coverage rate is approximately 30.1 percent of Canadian employees
• Union density rate is 28.1 percent
• Coverage rate in public sector is more than four times that in the private sector
• Largest unions are the Canadian Union of Public Employees (CUPE), National Union of Public and General Employees (NUPGE), UNIFOR

A Snapshot of Canada's Unions

• Largest unions in Canada represent public sector employees:
• The Canadian Union of Public Employees (CUPE) and the National Union of Public and General Employees (NUPGE)
• Most unionized workers belong to local unions that operate like branches or divisions of a larger parent union
• Central union confederations provide representation at provincial or national level
• The Canadian Labour Congress (CLC) represents 69 percent of all Canadian union members

Explore the history of unionization. This quiz covers topics from pre-unionization conditions and 'yellow dog contracts' to the formation of the Canadian Labour Congress (CLC) and the impact of free trade agreements like NAFTA on unions.