6 of the Code prohibits an employer or anyone acting on its behalf from:
in or interfering with the formation, selection or administration of a union, or
contributing financial or other support to the union;
suspending, transferring, laying off or otherwise disciplining an employee because that
employee seeks to exercise his or her right to be a member of a union;
suspending, transferring, laying off, or otherwise disciplining an employee except for
proper cause during a union certification drive;
any condition in a contract of employment that attempts to restrain an employee from
exercising his or her rights under the Code; and,
a penalty or promising a benefit to force an employee to refrain from becoming, or
continuing to be, a member of a union.
an employer's actions are intended (even in part) to interfere with an employee's rights
under the Code, the employer is not prohibited from:
suspending, transferring, laying off or otherwise disciplining an employee for proper
any change in the operation of the business that is reasonably necessary for the proper
conduct of the business.
well, Section 8 of the Code gives all persons the freedom to express their views on any
matter, including matters relating to an employer, a trade union or the representation of
employees by a trade union, as long as they do not use intimidation or coercion.
Section 9 of the Code, it is an offence for anyone to use any kind of coercion or
intimidation that might have the effect of forcing someone either to join or not to join a
union or to quit a union. The language of this section is broad enough to prohibit
any such tactics by employers, unions, employees or anyone else.
union commits an unfair labour practice if it tries to organize employees at the
employer's place of business during working hours without the employer's consent.
This restriction, however, does not prevent employees from discussing the merits of
unionization and distributing union literature during the lunch hour or other work breaks.
dealing with their members, unions are required to apply the normally understood
principles of natural justice. They cannot engage in discriminatory practices
respecting union membership or discipline of union members. Union members cannot be
penalized for refusing to participate in an activity prohibited by the Code, such as an
illegal strike, for example.
What happens if someone is unfairly trying to persuade employees to either join a union
or not join a union?
Anyone who believes they have been the subject of this type of
unfair labour practice can make a complaint to the Board