1. INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett

2. The Organizing Campaign C h a p t e r 5

3. Opening Vignette: McDonald’s union drive campaign Labour experts say tougher legislation for union certification in Ontario and Alberta will make organizing McDonald’s outlets more difficult than in other jurisdictions But organizing will likely be difficult, even in relatively union-friendly B.C. and Quebec; McDonald’s workers tend to be young, part-time, transient and in small operations, which hampers organizing Charlotte Yates, a professor of labour studies at McMaster University, said the campaign signals a new wave of organization; unions today recognize they need to tackle the service sector, where most new jobs are being created

4. Chapter 5 Objectives At the end of this chapter, you should be able to: –Explain why a collective bargaining relationship would be considered –Describe the steps in an organizing campaign –Understand what is required to apply for certification –Identify what factors must be addressed in a certification application –Identify two special situations involving organizing campaigns and certification applications

5. The Organizing Campaign Canadian labour legislation in all jurisdictions recognizes the right of most kinds of employees to freely choose to be a member of a trade union and to participate in the union’s lawful activities Many employees are first introduced to the idea of joining a union through an organizing campaign An organizing campaign is conducted by a union in a workplace to persuade employees to choose the union as their legal representative

6. The Organizing Campaign (cont’d) Factors Affecting Employee Support for a Union –What are the factors that ultimately determine whether employees will vote for or against having a union? –Researchers have identified many factors, although this research has not always distinguished between the different decision- making points that employees pass through in the organizing process

7. Factors Affecting Employee Support for a Union Different factors may be more or less important at different decision points. Research studies roughly fall into four categories: personal factors, workplace factors, economic factors, and societal factors Personal Factors –Parental attitudes or union activity If parents were active in unions or held positive attitudes toward unions, workers may be more likely to support a union

8. Factors Affecting Employee Support for a Union (cont’d) Socio-economic status –Low socio-economic status, low income, and minority group membership may make workers more likely to support a union Instrumentality –If a specific union is perceived as being able to achieve changes that the worker cannot achieve, the worker is more likely to support the union

9. Factors Affecting Employee Support for a Union Most studies acknowledge that dissatisfaction with workplace conditions is the most common reason employees consider joining a union –See Table 5-2 on next slide

10. Factors Affecting Employee Support for a Union

11. Factors beyond the organization and the individual that affect unionization decisions

12. Factors Affecting Employee Support for a Union General societal attitudes about unions influence individuals’ inclinations to support a union in their workplace

13. Steps in the Organizing Campaign A successful campaign results in the union being able to request recognition as the bargaining agent for the employees An organizing campaign can be initiated by either a union or by the employees Most employees who initiate an organizing campaign decide to contact an established union Organizing campaigns in the Canadian private sector all follow the pattern outlined on the next slide

14. Steps in the Organizing Campaign

15. The Information Meeting –The first formal step in an organizing campaign is to meet after working hours and off company property –Interested employees and a union representative discuss issues that generate interest in a union; also assess likelihood of a successful campaign –Identities of employees interested in unionization are kept secret from employer and from pro- employer workers –The fact that an information meeting is being held may also be kept secret

16. The Organizing Committee If the information meeting suggests an organizing campaign could be successful, an organizing committee will be created The committee usually consists of several employees and an experienced union organizer Committee members will contact other employees before or after work, on breaks, or at their homes, seeking a formal indication of support for the union A constant concern throughout the campaign is the possibility of unfair labour practices as outlined in labour law; such practices may affect the vote which in turn, may not reflect the employees’ true wishes

17. Steps in the Organizing Campaign The Application for Certification When the organizing committee believes it has sufficient membership support, the union files an Application for Certification with the appropriate labour relations board This form has three major components: –An indication of sufficient membership support –A description of the desired bargaining unit (the group of employees that will be represented in collective bargaining with the employer) –An indication of the employer and the trade union covered

18. Steps in the Organizing Campaign The Application for Certification: Sufficient Membership Support –The question of what constitutes sufficient support is one of the most contentious issues that labour relations boards and legislators have to deal with –The required level of support varies from jurisdiction to jurisdiction See Table 5-5 on the following slide

19. Steps in the Organizing Campaign

20. The Application for Certification: Sufficient Membership Support –A labour relations board may consider applications with less than the required level of support if the union can show that the employer committed an unfair labour practice

21. Steps in the Organizing Campaign The Application for Certification: Sufficient Membership Support –The board will attempt to assess the effect of the employer’s behaviour; the board then may: Allow the application to proceed Permit the union to attempt to collect further indications of support Deny the application Declare the union’s certification immediately

22. Steps in the Organizing Campaign The Application for Certification: Sufficient Membership Support –In some jurisdictions, if the level of support exceeds a specified amount, the union may receive automatic certification –If the level of support for certification exceeds the stated minimum but does not reach the level needed for automatic certification (in jurisdictions where this applies) the board will require an employee vote

23. Steps in the Organizing Campaign The Application for Certification: Sufficient Membership Support –The level of support required for certification applications to be made tends to fluctuate with the philosophy of the party in power –This threshold is extremely important in determining whether organizing campaigns succeed or fail – The timeliness of the application may also affect a board’s assessment

24. Steps in the Organizing Campaign The Application for Certification: Appropriate Bargaining Unit –Every certification application must contain a description of the bargaining unit the union seeks to represent; this generally consists of descriptions of the jobs that will or will not be represented by the union

25. Steps in the Organizing Campaign The Application for Certification: Appropriate Bargaining Unit –Two purposes for this bargaining unit description: Labour relations board can match employee signatures with job descriptions The board can assess whether the proposed unit is appropriate

26. Steps in the Organizing Campaign The Application for Certification: Appropriate Bargaining Unit –Considerations a board will address in determining whether a bargaining unit is appropriate: Size and location of the bargaining unit Managerial and non-managerial employees Definition of an employee –The principle underlying all of these considerations is community of interest – there should be enough relevant characteristics in common among the applicants to make the union a cohesive and representative unit

27. Steps in the Organizing Campaign The Application for Certification: Appropriate Bargaining Unit –Size and location – The union wishes to represent as many employees as possible because of union dues and because of increased power –However, there are practical difficulties associated with administering a bargaining unit that is too large or too dispersed –A labour relations board tries to ensure a relative balance of bargaining power between the employer and the union

28. Steps in the Organizing Campaign The Application for Certification: Appropriate Bargaining Unit –Managerial and Non-Managerial Employees – Who is eligible to be in the bargaining unit? –A general policy in legislation is that bargaining units should not include both managerial and non- managerial employees –However, it is sometimes very difficult to determine who is a manager –Employees who perform work involving administrative support to top managers are usually excluded from the bargaining unit. These are known as exempt employees

29. Steps in the Organizing Campaign The Application for Certification: Appropriate Bargaining Unit –Defining an “Employee” An “employee” is generally defined in legislation as someone who works on a regular basis for an employer in a dependent relationship An employee is also someone who performs his or her work under the direction and control of the employer

30. Steps in the Organizing Campaign –Defining an employee (cont’d) The size of the bargaining unit may be eroded if employers replace full-time permanent workers with temporary or part-time ones An employer might also eliminate positions entirely and have the work performed by workers employed by another, non-union, company – known as outsourcing Labour relations boards generally hold that if a worker has an ongoing dependent relationship with an organization, the worker should be considered an employee and included in the bargaining unit

31. Steps in the Organizing Campaign –Defining an employee (cont’d) Labour relations boards and legislators are strict about enforcing the definition of “employee” in order to prevent employers from escaping their responsibilities under the collective agreement by reducing the bargaining unit A board will not reject an application for certification simply because the application contains a bargaining unit description that the board considers inappropriate; the board will usually contact the union and suggest alterations

32. Steps in the Organizing Campaign –Defining an “Employer” The applicant is required to indicate which employer the application covers; not every labour code defines “employer,” and this has caused problems Criteria a labour relations board will consider when determining who is the employer: –Where does the authority for hiring lie? –What part of the business is accountable for establishing and monitoring work conditions? –Who exercises control over day-to-day work and production?

33. Steps in the Organizing Campaign –Defining an “Employer” (cont’d) When an owner or corporation conducts business through multiple corporate entities that share resources, a labour relations board may declare all of the entities to be a single employer or common employer

34. Steps in the Organizing Campaign The Application for Certification: Defining a “Trade Union” –The final component in a certification application is an indication that it comes from a bona fide trade union –Under most labour codes, a bona fide union: Was established free of employer interference Is run on democratic principles

35. Steps in the Organizing Campaign Most Canadian labour legislation does not recognize an employees’ association that is dominated or influenced by an employer – known as a company union; the result of such arrangements is known as a sweetheart agreement

36. Steps in the Organizing Campaign The Construction Industry Canadian labour legislation recognizes that conditions for organizing in the construction industry differ from other industries Each project or work site is considered to be a workplace and a separate certification must be obtained for each project and for each unionized trade working on the project

37. Steps in the Organizing Campaign A construction employer who wins a contract stipulating that unionized workers will be employed, will contact the appropriate union and request that the union provide the appropriate unionized employees

38. Steps in the Organizing Campaign Voluntary Recognition –Most Canadian labour law permits an employer to recognize the union’s right to act as the exclusive bargaining agent without official recognition from a labour relations board –This acceptance is known as voluntary recognition

39. Steps in the Organizing Campaign The employer accepts the union as the employees’ bargaining agent without any representation vote or other formalization of the union’s existence Labour law in several provinces allows a board to grant certification if a voluntary recognition agreement has been in effect for several years –See Table 5-6 on the next slide for Voluntary Recognition statistics

40. Voluntary Recognition in Canada

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