Canadian Labour Reporter

January 20, 2014

Canadian Labour Reporter is the trusted source of information for labour relations professionals. Published weekly, it features news, details on collective agreements and arbitration summaries to help you stay on top of the changing landscape.

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CANADIAN LABOUR REPORTER 7 Canadian HR Reporter, a Thomson Reuters business 2014 Continued from page 1 Photo: Geoff Robins (Reuters) this) could be a major turning point — especially for the near- defunct trade union movement in the private sector. George King, a labour and employment lawyer based in the heart of Canada's auto industry — Windsor, Ont. — said or- ganizing campaigns of this magnitude are rare and could be a tipping point. "Usually it's real or perceived unfair treatment by front- line supervisors that's the driving factor," King said. "You get a groundswell with employees who believe they're not being treated fairly…that's often a trigger for people deciding they need a third-party spokesperson on their behalf. It's usually one or two things, and it's usually not money. It's less and less about money every year that goes by." The WestJet case is unique because workers are owners too, as the airline boasts a lucrative share purchase plan for its staff. While the ownership issue is not a legal impediment (employ- ees who have shares in a company can still have a union), it would make for interesting collective bargaining should those workers certify, King added. For Toyota, consistency is a concern common for both em- ployees and management. The need to stay on par with the Big Three — Ford, General Motors and Chrysler — has both stayed and propelled certification in the past. Because a majority of conditions negotiated by unions at General Motors and Chrysler trickled down to Toyota, the company managed to stay union-free for so long — perhaps until now. "What we've done at the bargaining table before at GM and Chrysler always filtered through to the Toyota workers. So when we went through the economic downturn, Toyota workers took their hits just like everybody else. But the difference was that, for GM and Chrysler, we didn't have things imposed on us. We sat at the table and we were equal partners in finding a solu- tion," he said. "And that's what makes this much different — this is now people saying, 'We want to lead.'" On the other hand, Greig Mordue, Toyota's general manager of corporate planning, said the company has managed to keep compensation systems in line with competing auto makers. "Our commitment to employment security is impeccable — we've never had a layoff of a full-time team member. It's very difficult for anyone else to make a similar claim," he said, pointing to recent setbacks such as the 2008 recession and 2011 tsunami in Japan. "It's easy to say you're true to your values when you're on an up curve, but when you go through difficult times and you maintain your commitment, that's when you really prove your metal. And I think we've done that. We don't need a third party to tell us how to manage our company." David versus Goliath But the benefit of having a union transcends a one-dimen- sional relationship between workers and their bosses, ac- cording to Miranda. "Right now the relationship is between an individual and company. The relationship should be between the collective agreement and the company," he said. "There shouldn't be the individual having to fend for his or her self at every turn, hav- ing to fight a huge institution like this one — the bureaucracy that comes with it." CUPE has yet to set a date for WestJet's certification vote, while Unifor's vote at Toyota is slated for first quarter this year. With more than 7,000 employees at its Ontario plants, Toyota is an appealing target for unions. Despite failed attempts to unionize at the auto giant that date back more than two decades, Unifor said the timing has never been better for organizing efforts. Campaigns could be tipping point for labour

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