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 Association
Informed Employees Making Informed Choices
Only “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 employees
Download documents: cancel cards, decertification, file employee
Unfair Labour Practices against a union
Links to unions
Research & education
www.labourwatch.com
Union Density Rates – Canada vs US
Public 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)
Unionization – Public and Private Breakout - 2012
Union-Free
Public Sector
25.5%
Unionized
Private Sector
17.6%
916,600
1,992,600
Unionized
Public Sector
74.5%
2,684,200
Union-Free
Private Sector
82.4%
9,347,700
Total Workers – 14,941,100
Excludes self-employed
Statistics Canada Labour Force Survey 2012
Unionization Density Trend – 1981 to 2012
60%
Workforce %
Newfoundland
& Labrador
55%
50%
45%
British
Columbia
40%
Quebec
35%
Ontario 30%
25%
Alberta
Data: Statistics Canada Labour Force Survey 2012
20%
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)
Interested
Not interested
Total (n=910)
19%
79%
2%
Never Unionized (n=682)
19%
79%
2%
Formerly Unionized (n=228)
20%
79%
2%
0%
20%
40%
60%
80%
100%
Application for Card Cert vs. Vote
Jurisdiction
Vote
Support
Recognition
No Vote
Time to Vote
Vote
History
Card Fee
Required
Shelf Life of a
Union Card
Card Certification Available or Vote Granted Thresholds
Federal
35 - 50%
50% + 1
Not specified
“Never”
At least $5
6 months
Manitoba
40 - 65%
65%
Within 7
days
1996 - 2000
No
12 months
1993 - 2012
No
90 days
Newfoundland 40 - 65%
Within 5 days
& Labrador
-1
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 Cert
Jurisdiction
Vote
Support
Time to Vote
Vote History
Card Fee
Required
Shelf Life of a
Union Card
Guaranteed Certification Vote
Alberta
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 – 1993
2001 - 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 Sobeys
We 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 experience
Focus on both short & the long ball
Short:
•
•
•
•
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 Info
Mike Sherrard – Sherrard Kuzz LLP
250 Yonge Street, Suite 3300
Toronto, Ontario M5B 2L7
Phone: 1-416-603-6240
John Mortimer – Mortimer & Company
2077 Nelson Street, Suite 1102
Vancouver, BC V6G 2Y2
Phone: 1-604-720-0133