What an employer cannot do during an organizing drive

Lucy Alessio
/June 09, 2022


What the employer cannot do during an organizing drive.

  1. The employer cannot in any way intimidate, coerce, threaten or use undue influence to encourage an employee not to join a union, or not to participate in union activities.
  2. The employer cannot threaten loss of jobs or lay-offs, to reduce or discontinue privileges, etc. if the union is certified.
  3. The employer cannot promise increased job security, improved terms and conditions of employment, grant additional benefits or preference, etc. if the union is not certified.
  4. Employees cannot be disciplined, threatened with discipline or otherwise treated improperly simply because the employee may be exercising the right to join a union and/or participate in lawful union activities.
  5. The employer cannot assign undesirable work to union supporters.
  6. The employer cannot exhibit favouritism to those employees who appear to be opposed to the union.
  7. The employer cannot ask employees at the time of hiring, or at anytime thereafter, whether they have signed a union card, or further, how they feel with respect to unionization.
  8. The employer cannot attempt to become involved in internal union affairs or attempt to infiltrate the union.
  9. The employer cannot make rules which have the effect of restricting employee involvement in union activities which are held outside of working hours.
  10. The employer cannot indicate that the employer will refuse to bargain with the union if it is certified, or otherwise refuse to recognize the union.


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