Tuesday, November 20, 2007

UNIONS
WHAT IS A UNION?

A union allows employees to bargain for rights collectively in the workplace
Once a union has been voted in by a majority of workers, the union represents all the workers in the bargaining unit
All members of the bargaining unit must pay union dues
The union has a duty to represent all members of the bargaining unit
WHO CAN JOIN A UNION?
Every employee has a right to join a union
Managers and foremen can not join unions
You do not have be a Canadian citizen to join a union
CAN WE CREATE OUR OWN UNION?
While it is possible to form your own union, this approach can be complicated
It is generally time consuming and expensive
Generally, already existing unions have a great deal of resources and expertise
CAN I BE FIRED FOR FORMING A UNION?
The employer is not allowed to fire you as a result of union activities
If an employee is fired for supporting a union, the Ontario Labour Relations Board can order that employee to be re-instated
The employer is not allowed to fire you for asserting your rights under the Occupational Health and Safety Act, the Human Rights Code or the Employment Standards Act
CAN THE COMPANY CLOSE IF WE UNIONIZE?
The employer is not allowed to close because in order to avoid a unionized workplace
However, if an employer chooses to discontinue its operations in Ontario, rather than work with a union, they can not be forced to re-open
CAN MY EMPLOYER INTERFERE WITH A UNION DRIVE?
The employer is not allowed to: use threats, intimidation, promises, undue influence, harassment, or change of employment (hours, shifts, wage, overtime, etc.) to discourage workers from joining a union
If an employer has done any of the above things, the Ontario Labour Relations Board can certify the union without holding a vote
The employer can not threaten to close the company
WHAT CAN MY EMPLOYER DO?
The employer can state that they prefer to operate without a union
Remind employees of the benefits they already have
Tell the employees that it is their decision
If union is making inaccurate statements the employer can respond
WHAT ARE ANTI-UNION CAMPAIGNS?
An anti-union campaign or “boss campaign” is what the employer will do to prevent the employees from forming a union
It will likely include intimidation, undue influence, and other acts that are prohibited by law
It is inevitable and will pick up alongside a union campaign
The question to ask yourself is what does the employer seek to lose in the formation of a union and how do they benefit from the lack of a union

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