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It is illegal to terminate an employee for discussing or joining a union. It is your right under the
law to seek union representation. If you are terminated or disciplined the union will represent you
before the Labour Relations Board. The employer must honour the "statutory freeze period" where
your wages and benefits are maintained during collective bargaining.
Joining a union is a basic democratic right that is protected by law throughout Canada. Under federal and provincial
labour laws, workers have the right to join a union of their choice. It is your decision, and it is illegal for
your employer to try to interfere with it. Employers, like the union, are allowed to express their opinion about
an organizing drive, but they are not allowed to use "coercion, intimidation, threats, promises, or undue influence."
Join a Local of the Operating Engineers
The first step towards a better working life is the local's membership application. This card does not automatically
make you a union member. By signing the application (and paying a small fee in some provinces), you indicate that
you want the local to represent you in collective bargaining.
When enough people (the percentage varies according to provincial and/or federal law) where you work have signed up
with the local, the local can apply for certification with the provincial or federal labour board.
Certification
Once the required number of employees has signed authorization cards, the local will apply to the Provincial or
Federal Labour Board for certification. The board will notify your employer and set a date for a hearing. An official
notice will be posted in your workplace informing all employees of the application.
Your shop or employer may be certified by one of two methods: In most provinces, the Labour Board will examine the
membership applications and determine whether a majority desire union representation (the percentage varies from
province to province). If so, it will then certify the local as your union representative. In other provinces, the
Labour Board will, after examination of the membership applications, conduct an election among the employees. Once a
majority (50 percent plus 1) have voted for union representation, the Labour Board will certify the local as your
union representative. In some cases, the Labour Board may convene a hearing.
In either case, once the local is certified, your employer is required by law to negotiate in good faith to the
conclusion of a collective bargaining agreement.
The labour laws in Canada differ from province to province. For specifics on how the process works in your province,
we suggest you contact the Local Union in your province directly.
Did you know that almost one of every three Canadian workers belongs to a union?
According to Statistics Canada, roughly 3.6 million employees in the Canadian workforce were
union members. Here are some of the reasons.
Better Wages
Unionized workers generally earn more than non-union employees performing similar work. The average hourly wage in
Canada is about 29.80% higher for unionized employees compared to nonunion workers. (StatsCan figures; average
hourly wage for all Canadian employees). The gap is even larger for part-time employees, with unionized workers
making over 70% more than their non-union counterparts (a difference of $6.84 per hour).
Unions have been particularly effective in improving the earnings of their female members. According to StatsCan
Canadian women covered by a collective agreement earned an average of $5.15 per hour more than
non-union female employees in this country, representing a 41% difference in the average hourly rates.
Better Health Care, Pensions and Other Benefits
Union representation also means that you are more likely to have a dental and health care plan at your workplace,
coverage for sickness or accidents, and a pension plan to which your employer contributes.
For example, StatsCan reports that 83% of unionized employees are covered by either a pension plan or a group RRSP,
compared to just 33% of non-union workers. Unionized workers generally have better paid vacation leave than non-union
employees (84% compared to 65%). The same gap exists for health care benefits such as dental plan coverage (77% to 45%)
and supplemental health care plans (84% for unionized compared to 45% for non-union).
A Stronger Voice Through Collective Bargaining
An individual employee has little influence over what happens at the workplace and is subject to the arbitrary decisions
of his or her employer. Although there are labour laws governing such things as minimum wages, holidays and overtime,
these laws establish only minimum rights at a very basic level.
Belonging to a Union and being represented by a Union gives you rights that you do not have as an individual. Rather
than dealing with your employer individually concerning the terms and conditions of your employment, employees bargain
collectively as a group with the assistance of a Union business representative. The employer is legally obligated to
negotiate with your Union and cannot refuse to discuss the issues which are of concern to employees.
Job Security
One of the most important concerns for any employee in these
times of high unemployment and economic uncertainty is the right
to keep your job. A collective agreement prevents you from being
fired without just cause. In the event of layoffs due to lack of work,
most union contracts set out the rules under which layoffs or
reductions in the workforce can take place. This ensures fairness
to all employees and usually gives recognition to seniority based on
length of service.
A Right to Vote on Your Contract
Employees working under a collective agreement are entitled in law
to vote on the acceptance or rejection of any contract negotiated by
their union. A majority of employees must vote to
accept a tentative contract in order for
it to become effective. Therefore, the
ultimate decision as to the terms and
conditions of employment at the
workplace rests with employees
through a democratic process.
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