Employees Challenge a Union’s Fraudulent Unionization After Discovering A Host of Illegalities — ALL Ignored by the Federal Labour Board (the CIRB)!
In the two-step mandatory unionization model, unions get in after they submit a threshold number of signed union cards and then only if they win a majority in a secret ballot vote. In the federal system, a worker’s right to a vote was removed by a government pandering to unions, and replaced with an easier one-step card check unionization process.
Now the Union is only required to submit a bare majority of signed cards, along with a required $5 fee, to become get in – NO VOTE. The process of card check unionization, skips the secret ballot vote. It is supposed to include some safeguards and procedural compliance in order to protect the integrity of this no vote system and thus protect worker’s freedom of association against bullying tactics and fraudulent misconduct by a union.
In this case, the QCCC union is alleged, according to filings by employees, to have completely abused the one step card check process. The union sidestepped various legal requirements to win a majority of signed cards so that it could successfully unionize federally regulated rail workers. Union organizers are alleged to have not only submitted forged cards, but to also have told employees that as card signers they did not need to also pay the $5 fee. But it is required by law to be personally paid by a worker as a fundamental part of the process.
A probationary employee was threatened by the union with termination if he didn’t support the union by signing a card.
The Board learned from a handful of employees about these serious incidents of union misconduct. One employee discussed his belief that the card held by the Board had been forged, and that there were others, only to be told by a Board Officer that he really just had “buyer’s remorse”.
The Board appeared disinterested and aloof when speaking with these employees who not only made serious allegations but asked for direction on how to deal with what the Union had done. Shockingly, the Board did not take it upon itself to conduct a further investigation to substantiate the allegations of forgery and misconduct and ultimately, allowed the union’s corruption to form a new unionized group of workers Federally across Canada.
The Board Order that handed all of these employees over to the union was completely silent about what the Board learned firsthand from employees. According to arguments filed by the employees, the Board white-washed fraud and intimidation to push through a unionization order without a hearing, reasons, or even mentioning the issues raised by employees. Where is the democracy for employees?
These employees have found representation and deserve to be heard — especially after their concerns fell on the Board’s deaf ears.
UNION BACKS DOWN ON BOGUS LEGAL CHALLENGES – 94% VOTE TO DECERTIFY
A Manitoba Tim Horton’s employee applied to decertify a union on behalf of 28 out of 34 employees. A vote was held, but the ballot box was sealed upon the union’s request. Manitoba’s outrageously union-slanted legislation entitles the union to see all employee names and signatures when employees file to get rid of a union. But employees and employers do not get to see union cards when unions apply to unionize employees. In Manitoba unions get to organize behind a veil of secrecy while employees must get rid of them in public. If that’s not enough, the union can delay a ballot count by throwing up bogus allegations and demand a Hearing and force every card signer to testify about how, when and where each decertification supporter signed up. This can never happen to a union. These employees fought to get the ballots counted against a well-funded union. In the end the union gave up when the employees showed up with a lawyer ready to help employees testify under this terrible pro-union leader scheme. Thanks for the generous support that enabled the employee to prepare her case. When the vote was counted the union lost: 94% to 6 % (29 to 2)!!!
UNION FAILS TO TERMINATE IKEA EMPLOYEES
35 IKEA employees exercised their legal right to work during a Teamsters strike in Richmond BC. The Teamsters put them on trial, expelled them from union Membership. This led to 17 months of union bullying and legal tactics trying to get them fired. In the end the BC Labour Board refused and then BC’s highest profile Arbitrator Vince Ready ordered an end to the strike. In doing so he said the 35 got to keep their jobs and never had to join the union again. The employees incurred huge legal fees protecting themselves.
Thanks to all who donated to this successful campaign.
CANADA’S WORST LABOUR BOARD OVERTURNED
For decades many lawyers across Canada have privately called the Federal Labour Board Canada’s worst. In 2013 CIBC employees in Sudbury filed an Application to get rid of the Steelworkers Union from their bank branches. AFTER their Application was filed, the union filed cancellations signed by a very small number of these employees. Incredibly the Board ruled that on a union drive such cancellations of support MUST be filed BEFORE the union applies to unionize a workplace without a vote. But on a decertification application the Board ruled what NO OTHER BOARD in Canada has ever ruled. Cancellations can be filed afterwards – they do not have to be filed before like on a union application. The employees challenged this outrageous ruling. On Appeal the Labour Board reversed itself in a very harsh ruling. Now these employees are union-free.
Thanks to all who donated to this successful campaign.
Another Union Scam to Get in Without a Vote in Quebec
Unions use all sorts of tactics to get union cards signed and apply to unionize employees. It is well known that unions even use lies to get union cards signed. Labour Boards allow some but not all such union tactics. In Quebec, unions can unionize workers by simply having them sign a membership card – without a secret vote run properly by the (Labour Code). This Quebec law increases the temptation for union organizers to mislead employees. In Grande-Baie, Quebec, Rio Tinto Alcan employees are fighting misleading Unifor union card signing tactics. Employees say union organizers mentioned to them the union would get 50% + 1 cards signed by the employees and then intended to apply to unionize ALL Plant workers. Having only obtained the majority of the maintenance workers’ signatures, the union turned around (did an about-face) to ask for the unionization of the Maintenance employees only, therefore isolating them from the other plant employees. This change in orientation on their part was done Without going to each card signer and asking permission to do so.
Since the construction of Rio Tinto Alcan’s Grande-Baie plant in 1980, union organizers are at their third attempt to unionize employees. In 1998, the union didn’t obtain the majority of memberships required. In 2003, a Plant Employee Committee had obtained the authorization to conduct a secret ballot (vote) and the result was the rejection of the Union. Today, Unifor returns to the attack and, in order to infiltrate the plant, has asked to unionize only the maintenance employees because it doesn’t have the majority of employee memberships in the plant.
The Labour Code says employees should have the free choice to join a union and they should be able to make an informed choice. The employees’ choice was vitiated when the union changed the Bargaining Unit it intends to represent without permission and without consulting the concerned employees. An Employee Committee is currently attempting to intervene before the Labour Tribunal to contest this way of doing things and to obtain a secret ballot to verify Maintenance employees’ wish in having a Union or not.
Thanks to all who donated to this successful campaign.
WDI-6
Quebec law allows unions to use only cards to unionize employees without a secret ballot vote from all employees. Unions organize in secret. Sometimes they get signed cards for the smallest number of employees they can and they don’t tell other employees what is going on. The employees from whom the union drive was hidden are shocked to find out they are now unionized. Both Canada’s and Quebec’s Charters of Rights and Freedoms guarantees the right to associate with a union or not. Secret union drives on cards should be a Charter violation. A group of unionized Quebec workers from whom a union and the Quebec law hid from are challenging their forced association with the union that organized in secret.
Thanks to all who donated to this successful campaign.
