What An Employer May Not Do

You may find that the employer or others in management may try to influence your legally protected right to join a union through fear, coercion, and intimidation. Under Canadian law employers are prohibited from interfering with your right to select a union as your "collective bargaining representative." Among the things that they are NOT permitted to do are:

• They cannot promise any benefits to employees to stay out of the union.
• They cannot threaten the loss of jobs, income, benefits, or any other compensation you are now receiving if you do support the union.
• They cannot threaten to fire you, or fire you because you support the union.
• They cannot attend union meetings.
• They cannot treat you differently because they think you are supporting the union.
• They cannot transfer you because you are involved with the union.
• They cannot take work away from you because you are supporting the union.
• They cannot ask you about your opinion of the union.
• They cannot ask you whether you are supporting the union.
• They cannot ask you how you would vote if there were an election.
• They cannot ask you at the time you are hired whether or not you belong to a union.
• They cannot help you withdraw from union membership.
• They cannot tell you there will be a strike.
• They cannot tell you they will not deal with the union.

Unfair Labour Practices

If your employer uses threats or intimidation of any kind to influence your decision, the union will have the right to file unfair labour practices with the appropriate labour relations board.

The Canadian Labour Code:

"No employer or person acting on behalf of an employer shall refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person because the person…is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of a trade union or participates in the promotion, formation or administration of a trade union."

Manitoba Labour Relations Act:

"Every employer and every person acting on behalf of an employer who refuses to employ, or who discharges from employment, or who refuses to continue to employ, or who discriminates in regard to employment against, any person who

1. was or is a member of a union; or
2. has participated, or is participating in union activities; or
3. was or is involved in organizing a union…

unless he satisfies the board that he did not refuse to employ or discharge from employment or refuse to continue to employ or discriminate in regard to employment against the person because of any of the reasons set out in clauses (a) to (h), commits an unfair labour practice.”