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Once a majority of workers have elected to join a union, they have won only half
the battle. First contracts – especially with employers who have been
aggressively opposed to unionization – are notoriously difficult.
One of the most common problems is that employers simply refuse to bargain a collective agreement, despite stipulations in law that they do so. This is the problem most recently seen in Alberta during the Calgary Herald dispute. The employer simply refused to bargain in good faith with the newly certified union. The owner, Conrad Black, publicly stated that he would never sign a contract – thereby completely overriding the employees’ exercise of their democratic right to unionize. In all but three Canadian jurisdictions, this problem is addressed in an effective and straightforward way: the Labour Relations Board can, upon the request of either party in a first contract situation, impose compulsory binding arbitration to establish a collective agreement. Only Alberta, New Brunswick and Nova Scotia do not have such provisions in their labour codes. Recommendation number three: ensure that Alberta labour laws protect the rights of newly certified bargaining units. Amend the Alberta Labour Relations Code to provide the Labour Relations Board with the authority to impose compulsory interest arbitration to establish a first contract. Another major stumbling block to new collective agreements involves union security clauses. The principle is clear. Once certified, a union has the legal obligation to protect all workers within the bargaining unit. This is known as the duty of fair representation. Furthermore, all employees within the bargaining unit will benefit from the wage, benefit and working condition improvements negotiated in the union contract. Therefore, all those who benefit from union representation should be required to pay their share of union expenses. This form of union security – where workers who benefit from collective agreements must pay union dues even if they choose not to become union members – is known as the Rand Formula. It is mandatory in the federal jurisdiction, in B.C., Saskatchewan, Manitoba, Newfoundland, Ontario, Quebec and Saskatchewan. Recommendation number four: that a union security clause be mandatory in all Alberta collective agreements. The Alberta Labour Relations Code be amended to make the Rand Formula compulsory. |