Unionized Jobs

Definitions Labour Relations Board: A department of government that administers trade union legislation. Collective Agreement: The employment contract that is negotiated by the union on the behalf of the employees. Bargaining in Good Faith: Both sides of negotiations must attempt to come to an agreement. Conciliation: Should the employer and union be unable to reach an agreement this is the process through which they find a neutral party to help make and agreement Duty of Fair Representation: The union's duty to fairly represent all employees in its bargaining unit.

Key Aspects History and Regulation of Unions: In the past individuals who organized unions were met with prosecution for the common-law crime of conspiracy. During World War One and the Depression (1930’s) were able to gain some grounds, and after a few incidents it became a right for employees, in all provinces, to form a union. During the Second World War the lone bargaining agent for all employees that were members of a union became the union they were a part of. This was so that individual deals could not be made between different employees and an employer. Within each province and territory, in order to regulate unions there is legislation that outlines the system for the official recognition or certification of unions. Unions can be formed by a single employee, multiple employees, or be a part of a nation wide union. However, all unions are a part of a central labour organization. Labour relations boards are in charge of the administration of trade unions and they regulate every step of unionization.

Key Aspects Organizing a Union: Under section 2(d) of the Charter of Rights, freedom of association, all employees have the freedom of choosing to join a union or not. In order to form a union there will often be something called a union drive. A union can apply to a labour relations board if 45% of employees sign up, 55 or 65% will result in the union automatically being certified without a vote. Should a vote occur the employees will decide if that union will infact be their sole bargaining agent. A union must negotiate a collective agreement when it becomes the bargaining agent for employees. Both employers and the union must bargain in good faith. Should they be unable to come to an agreement a neutral party must be sought out and a process called conciliation takes place. While a collective agreement is being negotiated neither a strike (the employees temporary refusal to work) or a lockout (the employer temporarily refusing to let employees into their place of work) can legally take place.

Key Aspects Collective Agreement and The Grievance Process: During a collective agreement many things will be discussed the basics of which include wages and overtime, employment benefits, vacations, leaves, seniority and job security. In order to join a union you must give up some of your individual negotiation right so, should an employee have complaints on how a collective agreement has been applied they must take it to the union. The union will in turn take it to the employer, this is called lodging a grievance. After a grievance is lodged the employer and the union will negotiate and attempt to resolve things. Should the union decide not to lodge a grievance the complaint that the union has breached the duty to fair representation can be brought to the labour relations board by the employee(s). Should negotiations not work the grievance can be taken to binding arbitration.

Examples in Law Lavigne v. Ontario Public Service Employees Union A community college teacher, by the name of Francis Edmund Mervyn Lavigne, opted to not be a part of a union. Lavigne was still, however, required to pay union dues. This was due to the fact that the union gave financial support to the NDP, disarmament, as well as several other causes. Lavigne believed his union should be able to use his union due for collective bargaining and administration of the collective agreement. The Supreme Court of Canada decided that, because of freedom of association (including freedom of compelled association) and the Charter of Rights and Freedoms not including a section on freedom from association, the union could spend its money how it wanted and if Lavigne decided not to join the union then he couldn’t complain about what they did with the union dues.

Questions 1. In Canada right now within many companies with unionized workforces, the union can require employees to pay union dues if they want to work in the organization. Should the union's right to enforce membership take precedent over a person's rights to employment? (right to work laws) 2. In the past unions were needed to protect the rights of workers who had no way of protecting themselves. In the last decade there has been a decline in unionized jobs, many believe this to be due to the fact that workplaces now have many regulations set in place to protect employees and that unions are less important than they once were. Are unions still needed in order to protect the rights of workers?

Citations Buckingham, D. E., Delaney, R. C., Thompson, L., Epp Buckingham, J. L., Marcott, C., & Manning, B. (1997). Learning about law. Toronto: McGraw-Hill Ryerson. Right-to-work-law. (n.d.). Retrieved January 14, 2016, from work_law Supreme Court Judgments. (n.d.). Retrieved January 14, 2016, from csc/en/item/774/index.do