LW1210 – Labour Law in Canada

Stage 1 - Unions in Canada – a background

With

Paul Tilley

Overview

After you have read this chapter, you should be able to:1. Describe what a union is and explain why employees join

unions.

2. Discuss union membership in the world and in Canada.

3. Discuss Public Sector unionism

4. Explain the roles of the federal and provincial governments in labour relations.

5. Discuss the stages of the unionization process.

6. Discuss the impact of unions

Nature of Unions

Union

A formal association of workers that promotes the interests of its members through collective action.

Why Employees Unionize

They are dissatisfied with how they are treated by their employers.

They believe that unions can improve their work situations.

United Nations: Universal Declaration of Human Rights

Article 23 (4): Everyone has the right to form and to join trade unions for the protection of his [or her] interests.

http://www.un.org/en/documents/udhr/

Union Membership as a Percentage of the Workforce for Selected Countries Fig. 15-3

Unions in Canada

Union Movement Emphases: Focused on “bread-and-butter” economic issues—wages, benefits, job security,

and working conditions. Organized by kind of job and employer. Seek multi-year collective agreements on economic issues as “contracts.” Maintain competitive relations with management.

15–6

Rise of Institutionalized Collective Bargaining in the Private Sector

1944 Privy Council Order PC 1003: established a process to allow workers to

certify a union, once a union was certified the employer was

obligated to recognize the union, it also established grievance-arbitration

procedures which involves a mechanism for the resolution of grievances without resort to strike action;

banned strikes during the life of a collective agreement, banning sympathy or solidarity strikes

The Development of Canadian Labour Unions

1827-1870: small unions of crafts people emerged

1873: national labour organization formed - “Canadian Labour Union”

1886: Canadian Trades and Labour Congress (TLC)

1908: Canadian Federation of Labour (CFL)

1940: Canadian Congress of Labour (CCL)

1956: Canadian Labour Congress (CLC)

80% of all unionized workers (merger of CCL & TLC)

1985: United Auto Workers of Canada (UAWC)

Public Sector Unionization

Late 60s also saw the beginning of the unionization of the public sector.

Provincial: Quebec grants collective bargaining rights to public sector workers, 1965. Remaining provinces do likewise from 1968-1978.

Federal: Public Service Staff Relations Act, 1967

Restrictions on issues that can be negotiated - “Excluded are all matters respecting the organization of the public service, the assignment of duties, the classification of positions, and job evaluation” (Johnson, 2011: 369).

“estimated that public sector union membership increased from approximately 183,000 members in 1961 to 1.5 million members in 1981” (Rose, 2007: 185).

Trends in Union Membership

Unions are experiencing difficulties in attracting new members

Union membership as a percentage of the total workforce is declining (less than one-third)

Diversity in the workforce consists of non-traditional members of a union women, ethnic minorities

Employers are engaging in more anti-union activities, including more employee-friendly workplaces

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Unionism Today

Unions today emphasize

job security

gaining or maintaining benefits

Unions must co-operate with employers to ensure survival

of unions and companies

Perhaps unionism will increase to help young people avoid

being stuck in low-wage jobs

9-11

Labour Movement Today

Unionization rate: 29.7% (female workers: 31.1%, male workers: 28.2%)

“The highest unionization rates were in public sector industries”

In 2011, 74.7% of public sector workers were covered by a collective agreement, but only 17.5% of private sector workers.

“a wage premium exists, which, after controlling for employee and workplace characteristics, has been estimated at 7.7%”

The Growth of Social Programs

Old Age Pensions (1927)Blind Persons’ Allowance (1937)Unemployment Insurance (1941)Family Allowances (1944)Old Age Security (1951)Hospital Insurance (1957)Canada Pension Plan (1966)Canada Assistance Plan (1966)Guaranteed Income Supplement (1966)Medical Insurance (1968)U.I. expanded (1971)

The Legal Environment for Unions in Canada

1867: British North America Act

1900: Conciliation Act

1907: Industrial Disputes Investigation Act

1943: Privy Council Order 1003

The Canada Labour Code

Canada Industrial Relations Regulations of the Canada Labour Code

1982 Constitution (+ Charter of Rights and Freedoms)

Canadian Labour Code

Labour legislation for firms operating under parliamentary authority (federal jurisdiction according to the Constitution Act)

fair employment practices wages and work hours vacations and holidays maternity benefits and sick leave employee safety job and income security industrial relations regulations

Canada Industrial Relations Regulations

1. Right to join a trade union

2. Canada Labour Relations Board (certification procedures)

3. Acquisition or termination of bargaining rights

4. Bargaining and Agreement rules

5. Conciliation officer appointment

6. Conditions for legal strike or lockout

7. Methods to promote peace

Provincial Labour Legislation

Labour legislation for firms operating under provincial

authority

Similar to Canada Labour Code

Laws vary across provinces

Laws are frequently revised

Administering labour relations is

complex and time-consuming

Union Membership in Canada

Union Density

The proportion of paid workers who are union members and who have signed union membership cards.

A commonly used indicator of the strength and potential influence of the labour movement in a country.

Peaked at 39% in Canada in mid-1980s.

Though unionization in Canada is much higher than in the U.S., decline of unionization is a mounting concern among Canadian union organizers.

Industrial Relations in Canada

Fight for unions in Canada fraught with adversity going back to the 18th century

Employers strongly opposed to unions

Questionable anti-union tactics used to suppress union advancement

Banning public union meetings

Hiring strikebreakers and goons

Blacklisting

Firing employees

Putting union activists in jail. NO UNIO

NS!

Typical Division of HR Responsibilities: Labour Relations

Why Workers Organize

• Greater bargaining power

• Better terms and conditions of employment

• Higher salaries

• Improved benefits

• Increased job security based on seniority

• Grievance procedure to resolve disputes

• Assistance of union representatives

• Internal assistance: grievances

• External assistance: research and information

Factors Leading to Employee Unionization

Reasons for Union Membership Decline

Industrial Changes Industrial Changes

Geographic ChangesGeographic Changes Workforce ChangesWorkforce Changes

Declining Union

Membership

Declining Union

Membership

Union Targets for Membership Growth

ProfessionalWorkers

ProfessionalWorkers

Contingent andPart-Time Workers

Contingent andPart-Time Workers

Low-SkillWorkers

Low-SkillWorkers

Union Organizing

Union Organizing

Union Membership in Canada Public Sector Unionism

Most highly unionized segment of Canadian workforce

Three largest unions represent all public sector workers

Public Service Alliance of Canada PSCA (Federal employees)

National Union of Provincial Government Employees (NUPGE)

Canadian Union of Public Employees (CUPE)

Teachers, nurses, social workers, professors and others in government-related jobs are also increasingly unionized

Public Sector Unions

Alternative Ways to resolve

Impassesfor Public Sector

Employees

No-Strike, Interest Arbitration Model

Designated or Controlled Strike Model

Back to Work LegislationUnrestricted

Right-to- Strike Model