The Employer is Alwaysthe Last to Know
[exceprt from Businesto Business, by by Cyril Abbass]
When employees opt for a union, employersalways ask why me? Because:
- you have probably not been paying attentionto your Employee's complaints;
- Tough Red - is really just that "tough"and nobody wants to work with him;
- you are not paying enough;
- there is safety in numbers and yourattitude towards Employee participation and suggestions has been frighteningand your high handed dismissal policy makes people fearful for the safetyof their jobs;
- Unions are here to stay.
- believe it or not, some people likethe friendship and fraternity associated with belonging to a big Union;with its own hall, bowling league and burial fund.
In short a lot of Employers run the typeof operation that literally cries out for unionization.
Today the Ontario Labour Relations Act,as well as similar acts in each of the other nine provinces along withPart V of the Canada Labour Code provides the legislative framework forcollective bargaining.
The laws state that:
- every person is free to join a TradeUnion of his own choice but cannot be forced to join a Trade Union by intimidationor coercion.
- where the Trade Union signs up as members,45% to 55% of the employees in a plant or bargaining unit, there will bea secret ballot vote to determine if the majority of the employees wantthat Trade Union to represent them in bargaining with their employer asto the terms and conditions of their employment and their rate of pay.
- where the Trade Union signs up as members,55% or more of the Employees, then it will be certified as the bargainingagent of all the Employees in the plant or bargaining unit without a secretballot vote being held.
- the Employer must bargain with the TradeUnion once it is certified and must make every reasonable effort to reachan agreement.
The main point of the legislation is thatit is the Employees who are given the right to join together and bargainwith the Employer as a group concerning the terms and conditions of theiremployment.
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