Changes coming to union certification process for federally regulated employers

May 17, 2015 - by: Daniel Mayer 0 COMMENTS

by Daniel Mayer

On June 16, important changes regarding union certification and decertification for federally regulated employers in Canada will come into effect. The federally regulated sector includes interprovincial and international transportation companies, airlines, railways, banks, and employees who work for the federal government. read more…

Expedited union elections: The Canadian experience

April 20, 2014 - by: Brian Smeenk 0 COMMENTS

By Brian P. Smeenk

Many Canadian provinces have in recent years transitioned to an expedited union certification vote system. Votes typically take place within five or 10 business days of a union application.

From the perspective of Canadian employers, this is better than the previous “card check” system that was in place in most jurisdictions and is still in place in some (such as the federal sector). But this does not mean that the expedited vote system in Canada is satisfactory. read more…

Employees Fired for Facebook Postings

November 15, 2010 - by: Maria Giagilitsis 1 COMMENTS

By Maria Giagilitsis

It’s becoming more and more clear that an employee’s use of social networking websites such as Facebook, Twitter, and MySpace may lead to justifiable discipline by an employer. On October 22, 2010, the British Columbia Labour Relations Board released its decision in West Coast Mazda (d.b.a. West Coast Detail & Accessory Centre) and UFCW Local 1518, in which it dismissed the union’s unfair labor practice complaint and agreed that the employer’s decision to terminate two employees for their Facebook postings during certification was appropriate.

Facebook postings
The facts and timeline in this case are critical: The union applied for certification on August 26; the employer received notice of this application on August 27; and the union was certified one week later on September 8, 2010. There were three key individuals involved in this case: one employee who was a key inside organizer with four years’ service; a second employee who was also a union supporter with two years’ service; and a third employee, the manager, with over four years’ service. All three individuals were “friends” on Facebook.

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For First Time, 22,000 Mounties Can Begin Organizing in 2010

April 21, 2009 - by: Sara Parchello 0 COMMENTS

By Sara Parchello

The face of unionization in Canada is changing. Although it’s declining in the private sector, it’s increasing in the public sector. A few recent decisions by Canadian courts show this trend.

The most recent is a decision involving the Royal Canadian Mounted Police (commonly known as the “Mounties”). On April 6, 2009, the Ontario Superior Court gave the Mounties the right to unionize.

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More Bad News for Wal-Mart in Canada

January 06, 2009 - by: Dominique Launay 0 COMMENTS

by Dominique Launay

Five weeks ago, we told you about an unfair labor practice complaint against Wal-Mart in Saskatchewan, arising out of its closure of a store in Jonquiere, Quebec. Well, it seems that Saskatchewan isn’t the only province in which Wal-Mart is being dealt blows. The Quebec Labor Relations Board  has also recently ruled against Wal-Mart.

In 2005, Wal-Mart received two applications for certification from the United Food and Commercial Workers, Local 486. One was for the main store in Gatineau, Quebec. The other was for the auto center next door. These didn’t end up being normal applications for certification and ended up with considerable debate before the Quebec Labor Relations Board.

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Quebec closing may have ramifications in Saskatchewan – Wal-Mart revisited

December 02, 2008 - by: Karen Sargeant 0 COMMENTS

by Karen Sargeant

As many of you will know from earlier blog entries, Wal-Mart’s entry into Canada has been rife with union complaints. Beginning in the 1990s when employees at a Windsor, Ontario, store were automatically certified under relatively new certification provisions, employees and unions have filed numerous unfair labor practice complaints. The most recent of these complaints to be dealt with comes out of Saskatchewan.

What’s interesting about the development in Saskatchewan is that it involves a store in another province — Quebec.

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Wal-Mart gets its first union contract

August 26, 2008 - by: Brian Smeenk 0 COMMENTS

by Brian P. Smeenk

Wal-Mart, which has until now apparently been union-free, has had a union contract imposed on it in Quebec. The contract covers an auto center, Tire & Lube Express, which is part of a store in Gatineau, near the Ontario border. The small group of about eight employees apparently received union certification three years ago.

Under Quebec’s Labour Code, an employer may have a union contract imposed on it by an arbitrator if it is unable to reach a collective agreement with the certified union. The normal bargaining process must first have failed.

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