What to do when a union comes calling

Employers have to be careful what they say and do during union organizing to avoid charges of unfair labour practice
By John Lewis
|Canadian Employment Law Today

The issue of union organizing can be an area fraught with legal minefields and can generate panic and over-reaction among many non-union employers. Whether an employer is covered by provincial or federal labour laws, unions usually acquire the right to represent a group of employees by either:

• demonstrating it has majority support of employees in the proposed bargaining unit by submitting membership evidence in the form of membership cards signed by employees; and/or

• obtaining a majority of the ballots cast in favour of the union in a secret ballot vote conducted by the labour board.