Today’s Objectives• Why employees sometimes seek help from

unions• Identifying vulnerabilities• Proactive steps to increase chances some

employees might surface a union drive early• Options when faced with organizing• Recognizing impact effective leadership has on

employee engagement & remaining union-free

CBC Union Drive Documentary

Canadian LabourWatch AssociationInformed Employees Making Informed ChoicesOnly “balanced” site for employees wanting:

• information without pro-union, anti-mgmt bias• resources if they have no lawyer• tool to assist a lawyer in helping employees

FAQ’s for employeesDownload documents: cancel cards, decertification, file employee Unfair Labour Practices against a unionLinks to unionsResearch & educationwww.labourwatch.com

Union Density Rates – Canada vs USPublic and Private Sector Combined - 1960 to 2010 - (OECD Data; CDN 1997-2010 = StatCan)

2010 Private Sector (Not OECD data)

6.9% - US (Dept of Labor)

17.5% - Canada (StatCan)

Note: includes Members and non-Members(OECD Private vs Public breakout not available)

Union-Free Private Sector 82.4%

Unionized Private Sector 17.6%1,992,600

9,347,700

Unionized Public Sector 74.5%

Union-Free Public Sector 25.5%

Statistics Canada Labour Force Survey 2012

2,684,200

Total Workers – 14,941,100 Excludes self-employed

916,600

Unionization – Public and Private Breakout - 2012

1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011

20%

25%

30%

35%

40%

45%

50%

55%

60%

Data: Statistics Canada Labour Force Survey 2012

British Columbia

Quebec

Ontario

Alberta

Newfoundland& Labrador

Wo

rkfo

rce

%

Unionization Density Trend – 1981 to 2012

Unionization Interest – Union-free (2013)Q2. If you are not unionized now, would you be very interested, somewhat interested, somewhat not interested or not at all interested in being unionized in your current job? Base: Never and Formerly unionized (n=910)

Formerly Unionized (n=228)

Never Unionized (n=682)

Total (n=910)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

20%

19%

19%

79%

79%

79%

2%

2%

2%

Interested Not interested Don't know/refusal

Application for Card Cert vs. VoteJurisdiction Vote

SupportRecognition

No VoteTime to Vote Vote

HistoryCard FeeRequired

Shelf Life of a Union Card

Card Certification Available or Vote Granted ThresholdsFederal 35 - 50% 50% + 1 Not specified “Never” At least $5 6 months

Manitoba 40 - 65% 65% Within 7 days

1996 - 2000 No 12 months

Newfoundland & Labrador

40 - 65% - 1 Within 5 days 1993 - 2012 No 90 days 3 months

Nova Scotia (construction)

35 - 50% 50% + 1 Within 5 days

Never At least $2 3 months

Ontario (construction)

40 - 55% 55% + 1 Within 5-8 days

1995 - 2003 No 12 months

Prince Edward Island *

50% + 1 50% + 1 Not specified * Mgmt concerns raised = election

No 6 months

Quebec 35 - 50% 50% + 1 Not specified Never At least $2 12 months

Application for Vote vs. Card CertJurisdiction Vote

SupportTime to Vote Vote History Card Fee

RequiredShelf Life of a

Union Card

Guaranteed Certification VoteAlberta 40% “ASAP” 1988 - present At least $2 90 days

Saskatchewan 45% 3 days + 2008 - present No 3 months

Vote held – BUT might not count if Board certifies for employer Unfair Labour Practices

British Columbia 45 - 100% Within 10 days

1989 – 19932001 - present No 90 days

Nova Scotia (non-construction) 40 - 100% Within 5 days 1977 - present At least $2 3 months

Ontario(non-construction) 40 - 100% Within 5-8

days 1995 - present No 12 months

Why is Retail a Target?• Non-exportable business • Expansion of retailers in Canada • The domino effect in retail

– Unionize one store to get another– DC’s & call centres easier targets than stores

• Susceptibility of the retail sector– Open access, wages, seasonal layoffs, working

conditions & hours, scheduling

Today’s Organizing Strategies• Frustrated employees contact a union

– #1 source of organizing, too often a surprise• Technology

– YouTube, Facebook, Twitter, Blogs• “Salting”• Corporate Campaigns

– Websites, public protests, advertising, media

Visible Signs of Union Organizing• Union cards• Union leaflets• Union propaganda

Visible Signs of Union Organizing• Taking to Twitter with the hashtag #GoodJobsRev

to get the conversation started.

• Watch http://www.unifor.org for Unifor’s ‘National Good Jobs Summit’ where we will bring together all stakeholders to start a conversation about creating jobs with fair wages – jobs safe & secure.

OUR Sobeys

OUR Sobeys

OUR SobeysWe work hard to make our Sobeys successful, but we are not always treated with the respect we deserve. The company often chooses not to follow our employee handbook and the open door policy is broken. When we raise important concerns about our working conditions, they are swept under the rug and sometimes we even feel punished for standing up for our values. Scheduling is unpredictable and many employees do not get enough hours to make ends meet. Instead of recognizing our dedication and length of service, our hours are often cut and we’re still waiting for the pay increases we deserve.

OUR Sobeys

OUR Sobeys

Proactive Preparation• Training – esp front line supervisors/mgrs

• Recognizing covert organizing• Do’s & don’ts• How to respond: build confidence, role plays

• “5 Day Plans”• SWAT Teams• Communication track record & credibility• Overall paradigm shift re real employee wishes• Managing change

Proactive Preparation• Leadership training

– Get comfortable talking about unions• Review strategies to

– Mend relationships– Create new relationships

• Policy reviews– Review recent disciplines/terminations– Payroll issues

Responding to “Union Chatter” & Leafleting• Look for Quick Wins

– Break rooms, washrooms, schedule posting• Listen & Educate

– What does signing a card mean• External Research

– Research recent organizing efforts within industry

Responding to Card Certification Drives • Respond swiftly to rumours• Activity: Assume 1 card away from losing• What are the issues? Focus groups• Mgmt-led all employee meetings, open Q&A

Proactive Employer Strategies Leverage the near-death experienceFocus on both short & the long ballShort:

• Not enough cards signed for cert without a vote• Quick action can defeat expedited elections• Employee defeat of strike vote if certified• Employee rejection of collective agreement

Long:• Create environment ripe for decertification• Improved sales & profits, employee engagement

Strategic Proactive Considerations• Critically assess your leadership teams• “Dashboard” to monitor for problem locations• Prepare for Application for Certification

– Test time to get accurate & rated employee lists– On the shelf draft communications blessed by local

counsel in each operating province– Updated contact lists – all key internal & external

players – imagine 3 days application to vote . . .

Recognizing the Effect of Solid Leadership on Employees Engagement

What Do Leaders Do?• Relevant ops & HR policies & procedures• Execute the above . . . • Set expectations & manage performance• Motivate, activate & engage employees• Communicate & inform• Address workplace issues• Gain & keep TRUST of employees

Why is Trust so Important?

If they believe in you they will choose…

YOU!!

Current Reality• Law & system biased towards unionization

• Management responsibility to inform employees

• Employees have greater free speech & activity rights

• Majority of employees not pre-disposed to unionization

Employee Rights to Oppose Unionization Employees have rights to be union-free:

• Employees may refuse to sign union cards during organizing

• Issues of intimidation, coercion, undue influence, misinformation by organizers / fellow employees

• Employees may openly campaign against the union• Employees have greater free speech & action rights than

unions & CERTAINLY greater than employers• Employees may cancel union cards & try to file them in

time• More likely to do all of this if they know employer wants to

be union-free

Proactive Employer Strategies Employees KNOW where employer stands

– Most of employees don’t want to be unionized– They will tell you early on– They will resist– Maybe they can will find help

BUT – 80% opposed can all sign if relationship is blown– You can still recover in expedited elections– Focus on future decertification if not

Summary• Only 18% of private sector unionized, down from

30%• 83% of private sector workers union-free in spite of

biased labour codes & LRB / court decisions• 71% of public sector employees are unionized• 77 % of union-free Canadians don’t want to be

unionized• 27 - 33% of currently unionized don’t want to be

Some of them work for you – do they know where you stand?

Conclusions• Do you have the right team?

– HR– Legal– Consultants

• Clear union-free policies & training• If unionized, what is your plan?

Gotcha . . . & This Really Happened!!!

Contact InfoMike Sherrard – Sherrard Kuzz LLP

250 Yonge Street, Suite 3300Toronto, Ontario M5B 2L7

Phone: 1-416-603-6240

John Mortimer – Mortimer & Company2077 Nelson Street, Suite 1102Vancouver, BC V6G 2Y2

Phone: 1-604-720-0133