Introduction

Canadian labour legislation uniformly promotes collective bargaining through a voluntarily selected bargaining agent.

Perhaps as a result, the right to join a trade union has been freely exercised in Canada with the total proportion of the work force organized by a trade union coming close to 30%. Even taking into account the fact that a large number of organized employees work in the public sector, the levels of unionization in the private sector still exceed unionization levels in the U.S.

Despite the protections offered to unions, there is nothing unlawful about an employer stating a desire to be non-union, or doing all that is lawful to avoid becoming unionized.

In fact, most employers would agree that unionization brings few advantages. Once a union is certified, an employer must deal exclusively with the union and not the individual employee; the employment relationship now consists of three parties instead of two. Furthermore, unionization gives employees the right to engage in a lawful strike, a lever with obvious implications for the employer and its desire for uninterrupted production. Finally, unionized employers are required to participate in the compulsory arbitration of disputes during the currency of the collective agreement.

Reasons Why Employees Join Unions

The biggest mistake made by most employers is that they fail to pay attention to the reasons why employees may want a trade union, until the union has begun an organizing campaign. In the context of unionization, an ounce of prevention is even more important when there may be no cure.

Canadian employees are no different than American employees when it comes to the reasons why they seek out a union to represent them: for one reason or another the employees' needs, real or perceived, are not being met. Among the most prevalent employee needs expressed are:

• Interest in increased levels of compensation
• Desire for better benefits, including health, life, disability, retirement, as well as ancillary benefits such as sick pay, vacations, holidays, etc..
• Uniform, consistent and non-discriminatory treatment by supervisors and managers.
• Opportunities for advancement.
• Stability in employment and protection against reductions in the workforce.
• A safe working environment.
• Opportunities for training and additional responsibility.
• Increased bargaining leverage in addressing complaints and concerns with the employer.
• Greater sensitivity to the concerns of the work force by management.

Union organizers are adept at tailoring their promises to the needs that the employees have expressed they wish to have met. Notably, while Canadian employers are precluded from making promises to their employees during an organizing campaign, no such prohibitions are placed upon trade unions. Therefore, as a practical matter, there are no checks or balances placed on the promises that a union may make during an organizing campaign, unless those promises are absolutely false.

Preventative Steps

As noted above, it is best to take steps to prevent unionization long before a union organizer arrives. It is therefore prudent to conduct an audit of all wages and benefits, rules and procedures, and company policies annually. In conducting this review, the employer should evaluate the following:

• Wages paid by the employer, and the wages and benefits of other employers in the industry
• Insurance plans and other benefits provided by the employer, and the insurance plans and other benefits provided by other employers in the industry
• The use or existence of an "open door" policy
• Policies that address payment for time not worked, or for premium time, such as paid or unpaid vacations, public holidays, sick leave, and personal leave
• How complaints and grievances are handled in the workplace
• Hours of work and overtime policies.
• Safety policies and safety complaints in the workplace
• Charitable contributions made to third parties and employee organizations
• Company rules, including rules relating to:
• Restrictions on distribution of written material by employees
• Restrictions on third party solicitation of employees
• Absenteeism and tardiness
• Reporting illnesses and absences
• Penalties for falsifying records
• Disciplinary policies and grounds for termination of employment

Aside from compensation, employees seek union representation because of the nature and quality of their interaction with their first line supervisor. It is therefore critical that supervisors are taught to respect the employees they work with. Supervisors can not act arbitrarily or capriciously, and must be properly trained for the tasks expected of them.

Employee Communication

Effective employer-employee communication is essential. If an employer can not effectively communicate with their employees, they will be unable to respond to their employees' concerns. Inconsistent, unfair, abusive and arbitrary supervision pose the most common complaints leading to union organization in the workplace. Therefore, the individual responsible for hearing employee complaints must also be able to act fairly and objectively in response.

Some common methods of ensuring effective employee communication include holding regular group meetings to discuss workplace issues; organizing social activities, publishing newsletters, and providing employees with information on the health and success of the organization.

A trade union is often invited into a workplace by a disenchanted employee who wants to "get even" with the employer. Employees who are disenchanted often tend to be employees who are marginal performers or who have discipline issues. The marginal employee, the discipline problem or the employee who resents the employer, for whatever reason, should be dealt with fairly, consistently and without delay. If the behaviour does not change, the employer must carefully consider whether such employees should be discharged. It is always an error for the employer to take no action at all when the result may be to unintentionally invite a union into the workplace.