What the Employer Cannot Do

Unifor is presenting an exciting opportunity for positive changes in your workplace. We’ve engaged in discussions with many of you regarding the need for improved employment conditions and a stronger voice in the workplace. It’s evident that many of you share these concerns, and we believe it’s time to take collective action.

One significant concern we’d like to address, is the fear of potential employer retaliation or negative consequences for engaging in union-related activities.

It is important to know that all workers in Canada are protected by provincial and federal labour laws while engaging in union activities.

Coercion, Interference and Legal Protection:

It is illegal for employers to interfere with or retaliate against employees engaging in lawful union activities, including signing union cards or discussing unionization with colleagues during paid and un-paid breaks.

Workers with concerns about potential retaliation may seek advice from a Union representative. If there is evidence of threats or coercion by the company during a union drive, the union must be informed, to address it immediately.

When Do Employer’s Statements Cross the Line?

Employers enter dangerous waters whenever they make a link between unionization and job security. Obviously, a direct threat to cut wages or benefits, lay-off employees, close a workplace or transfer work because a union was introduced would be unlawful.

Employer Expression Rights:

Employers are not prohibited from campaigning against unionization so long as they do not utilize threats, coercion or intimidation. For example, they can prohibit some aspects of union organizing during working hours when the employees should be performing their jobs. They can enforce property rights to exclude non-employee organizers from entering employer property.

What Employers Can’t Do!

• 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.
• Threaten loss of jobs or lay-offs, to reduce or discontinue privileges, etc, if the union is certified.
• Promise job security, improved terms and conditions of employment, grant additional benefits or preferences, etc. if the union is not certified.
• Discipline, threaten to discipline or otherwise treat improperly any employee exercising their right to join a union and/or participate in lawful union activities.
• Assign undesirable work to union supporters.
  Exhibit favouritism to employees who appear to be opposed to the union.
• Ask employees at the time of hiring, or at any time thereafter, whether they have signed a union card, or further, how they feel with respect to unionization.
• Attempt to get involved in internal union affairs or to infiltrate the union.
• Make rules that have the effect of restricting employee involvement in union activities held outside of working hours.
• Indicate that the employer will refuse to bargain with the union if it is
• certified, or otherwise refuse to recognize the union.
• State that a strike or lock out would be inevitable if the union is certified.