Canadian HR Reporter

CANADIAN HR REPORTER May 30, 2016 NEWS 9 a spokesperson for the Ontario Ministry of Labour. Eighty-eight per cent of constr uction workers are male, according to OPSEU. By implementing card-check in all industries, it would be just as easy for a woman to join a union as it is for employees in male-dominated workplaces, said omas. OPSEU is currently examining its legal options with respect to what it calls the pro-male bias of the Ontario Labour Relations Act. Ultimately, bringing card-check back to industries across the prov- ince would significantly improve the quality of work for all employ- ees, said omas. "e problem with the manda- tory representation vote system boils down to one thing, and that's employer interference," he said. "During the time between the announcement of the vote and the vote itself, the employer has ample opportunity to influence the work- ers' decision. Employers have been known to use coercion and intimi- dation during votes to prevent em- ployees from unionizing." Because card-check continues to be used throughout Ontario in the construction industry, it would be relatively simple to re- instate the practice in other sec- tors, said omas. "There is no need to change the way it works. e only change needed is the legislation to make it legal across the workforce." However, in implementing card-check on a provincial basis, changes could be made to update the system to recognize techno- logical advances, he said. And allowing employees to sign their cards electronically would further simplify the process. Ultimately, the change would be beneficial for employers as well as workers, said omas. "On the one hand, employers would no longer have an oppor- tunity to interfere in employee choice as to whether or not to be unionized. On the other hand, employers would be spared the disruption caused by workplace votes." Undue pressure by unions However, accusations of undue pressure have also been levelled against unions, said John Hyde, a partner at Toronto's Levitt & Grosman. "If an employer can get certified simply by the signing of a card, all it takes is for the union or a union sympathizer to put undue pressure on an individual to sign a card," he said. "ere's already too much misrepresentation in this process." e card-based system of certi- fication gives too much advantage to unions, he said "It's a systemic advantage," he said. "Organizations could secure a 50-plus-one-per-cent threshold for automatic certification with- out the employer even knowing about it and all they have to do is convince employees to sign mem- bership cards. Often, they subject employees to intimidation or co- ercion both on and off the job site." e construction industry is an entirely different animal, said Hyde, and it should not be used as a template for the reintroduction of card-check in other industries. "People move often from em- ployer to employer, so you look at who's employed as of the ap- plication date as having a right to be involved in the vote. You're looking at an employee group that is very transient. It's a differ- ent animal." Ultimately, the very nature of card-check goes against the democratic values unions extol, he said. "The bottom line is it's un- democratic. You think about these unions and their constitu- tions. ey talk about 'essential democratic participation.' Why would unions now say, 'We don't want the democratic process,' i.e. a vote system? How can unions legitimately support card-check, which is absolutely prima facie undemocratic? Card-check is, by its very nature, inconsistent with those democratic values." System under review e card-based system of certifi- cation is currently under review in Ontario, said Deline. "The Ministry of Labour is currently conducting a review of Ontario's system of employment and labour standards to consider reforms that reflect the realities of modern economy," she said. "Card-based certification is one of the many issues being exam- ined in the review." The Changing Workplaces Review is considering how the Labour Relations Act, 1995 and the Employment Standards Act, 2000 could be amended to best protect workers while still sup- porting businesses in a changing economy. It is being led by two special advisors: Michael Mitch- ell — formerly of Sack Goldblatt Mitchell — and John Murray — a former justice of the Ontario Su- perior Court. ey conducted public consul- tations in 2015, travelling to 12 locations in the province to listen to public testimony and receive written input from organizations and individuals. The review is much needed, said omas. "On a broader level, labour laws in general need to be strength- ened," he said. "Unions are the key to creating an economy based on shared prosperity." Card check 'absolutely prima facie undemocratic' OPSEU < pg. 1 e card-based system of certification is currently under review in Ontario.

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