Unionization in Canada: Organizing, Labour Practices - Slideshow PDF

SESSION 3 Course: COMM 4BC3 Professor: Sean O’Brady Source: iheartradio https://www.iheartradio.ca/newstalk-1010/news/what-you-need-to-know- about-the-...

SESSION 3 Course: COMM 4BC3 Professor: Sean O’Brady Source: iheartradio https://www.iheartradio.ca/newstalk-1010/news/what-you-need-to-know- about-the-ontario-high-school-strike-on-wednesday-1.10334226 nstructive material from Emond Montgomery Publications was incorporated into this deck Canada’s Unionization Model 2 Two paths to have a bargaining unit recognized  Union certification  Government issued license entitling a union to represent employees from a bargaining unit  Voluntary recognition  Employer voluntarily recognizes a union without certification Canada’s unionization model Two features: 1. Majoritarianism  All-or-nothing model of freedom of association.  Requires majority support for unionization. 2. Exclusivity  Union becomes the exclusive legal representative. What happens during organizing campaigns?  Contact between workers and union  Initial contact, then deeper meeting  Discuss benefits of unions + organizing fundamentals  The organizing campaign commences  Goal #1 = signed membership cards  Usually involves some form of organizing committee  Committee generates an ‘issues program’  Inside organizers = fundamental to process  Next step = file an ‘application for certification’ Example: ‘Salting’ Union organizing campaigns  This ‘application for certification’ is received by the labour relations board  The labour board thereafter addresses various issues in assessing the application “The Ontario Labour Relations Board is an independent, adjudicative tribunal issuing decisions based upon the evidence presented and submissions made to it by the parties, and upon its “ interpretation and determination of the relevant legislation and jurisprudence. It plays a fundamental role in the labour relations regime in Ontario and encourages harmonious relations between employers, employees and trade unions by dealing with matters before it as expeditiously and as fairly as reasonably possible.” (OLRB website) Certification issues addressed by the labour relations board 1. Jurisdictional issues  Is the bargaining unit filing under the right federal or provincial law? 2. Trade union status  Is it a legitimate trade union?  i.e. not another association or company union Canada’s union organizing model: Certification issues addressed by the labour relations board 3. Timeliness of application  No limit in non-union settings, except for statutory bar after unsuccessful drive  Limits in unionized settings  Open period (e.g. ON = 3 months before termination of 3 year + 3 months for every extra year) 4. Employer status  E.g. lead employer versus temporary agency Canada’s union organizing model: Certification issues addressed by the labour relations board 5. Appropriateness of bargaining unit  To define the Golden fraction: # who want union / # eligible to decide  Common test = community of interest  Problem of related employers  E.g. Temporary agency employment  Size and undue fragmentation  E.g., 1 vs. 11 Tim Horton’s franchise Stores (OLRB, 1999) 6. Employee status  Dependent contractors?  E.g., taxis, truck drivers, app-based work (e.g. Foodora)  Managerial and confidential employee exclusion Source: https://www.thestar.com/opinion/star-columnists/201 8/01/24/why-tim-hortons-foul-play-gives-unions-a-big -assist.html Canada’s union organizing model: Certification issues addressed by the labour relations board 7. Union support Two paths to certification: 1. Card-check  One step process – certification is approved after threshold reached (over 50-60%)  Available federally, New Brunswick, Prince Edward Island, Quebec, and recently, B.C. 2. Mandatory certification vote  Two step process – once threshold of card-signing is reached (35-45%), a government initiated secret ballot takes place (requiring a majority) Unfair Labour Practices and the Right to Organize 13 Unfair labour practices Unfair labour practice: “An action undertaken by either the union or the employer that violates one or more articles in relevant labour legislation”  Restrictions on these actions are a fundamental pillar of labour legislation introduced in the 1940s and 1950s  Most employers resist unionization in some form or another  But some employers, such as H&M, remain explicitly neutral Unfair labour practices Two categories of employer conduct 1. Intimidation and coercion prohibition  Prohibition from punishing employees for supporting or joining an employee association  Especially economic threats (physical threats now uncommon)  Linked to anti-union animus  Retaliation can be inferred  E.g. Napora at Marv Jones Honda Cartoon by Zaharuk: http://www.union-art.com Unfair labour practices 2. Interference and domination prohibition  No attempts to install company unions or other alternatives to an independent union  No attempts to prevent union from functioning  Refusing to provide list of employees, bargaining directly with employees, refusing to collect union dues, screening out pro-union employees in hiring, etc.  Non-motive unfair labour practices are still illegal Unfair labour practices Employer expression rights 1. To bar union organizing activities during working hours 2. To limit organizing on private property 3. To express their views on unions and collective bargaining  E.g. captive audience meetings  Yet there is a fine line between expressing opinions and intimidation, which labour boards assess using an objective test  What would a reasonable person of normal intelligence think? Unfair labour practices Labour boards can introduce remedies (to return victims to their position before violation) Examples  Reinstatement of employees  Or even interim reinstatement  Remedial certification Source: https://blog.firstreference.com/wp-content/up  Other creative forms loads/2013/03/wrongful-dismissal-progressiv e-discipline.jpg  Union office in company, pro-union videos, second votes, etc. Thank you for your participation! 19