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The basic democratic principle of majority representation is the cornerstone of
the union movement. In all jurisdictions in Canada, when 50% plus one of the
eligible workers in a workplace willingly indicates their desire to have a
union, a union is certified.
In Saskatchewan, B.C., PEI, Quebec, New Brunswick and the federal jurisdiction, a union may simply turn in signed cards of the majority of workers and (upon verification of the cards) the union is certified. In Alberta, there is a mandatory Labour Relations Board supervised vote – regardless of the level of support indicated by the union. The problem with this approach is the time period between the application for certification and the actual vote. This provides employers with an ‘electioneering’ period in which to use their influence at work to try to make workers change their decision on unionizing. Employers can and do use their immense authority and power over employees to discourage unionization. Faced with employers’ animosity, many prospective union members are ‘convinced’ to rescind their support for the union. Recommendation number one: Alberta laws should be amended to eliminate this electioneering period. Allow automatic certification once majority support is proven – and hold votes only in those applications where majority support is legitimately in question. Strict employer neutrality during an organizing campaign is of crucial importance because of the economic dependence of employees on the good will of their employers. There should be no employer actions allowed that would interfere, direct, threaten, bribe, promise, or in any way attempt to influence an employee not to join a union. If there are illegal actions by employers, the Labour Relations Board should have the authority to grant automatic certification without evidence of majority support. This recognizes the irreparable damage that can be done by illegal employer actions during an organizing drive. No manner of financial penalties will discourage employers from these behaviors – some would just right off fines as the cost of remaining non-union. Recommendation number two: Alberta laws should be amended to provide the Labour Relations Board with the authority to provide real redress to workers and real punishment to employers for illegal actions during organizing drives. Allow automatic certification if employer actions have illegitimately undermined union organizing efforts. |