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
9-10
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.
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
Workforce Changes
Geographic Changes
Declining
Union
Membership
Industrial Changes
Union Targets for Membership Growth
Professional
Workers
Union
Organizing
Contingent and
Part-Time Workers
Low-Skill
Workers
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 governmentrelated jobs are also increasingly unionized
Public Sector Unions
No-Strike, Interest
Arbitration Model
Back to Work Legislation
Alternative
Ways to resolve
Impasses
for Public Sector
Employees
Designated or Controlled
Strike Model
Unrestricted
Right-to- Strike Model