Some fines are reported to be as high as $10,000 – even though the union’s own constitution says fines are “not to exceed $1,000.” The Canadian LabourWatch Association is unaware of any Canadian court upholding a union fine for working during a strike where a union member has appeared in court with a lawyer.
Can union fine members?
As a union member, you are bound by the union’s constitution and bylaws, which in most unions provide that members who work during a lawfully-called strike can be fined. Such fines can be expensive and may be collectable in state court.
Can a union fine its members for crossing the picket line?
A claimant may state that he/she has elected not to cross a picket line because of possible disciplinary action by his/her union. This may include a fine, suspension, or expulsion from the union as established by the union by-laws. It is not uncommon for union by-laws to include such disciplinary provisions.
Can a union discipline a member?
Thus, a union member is free to resign from union membership at any time and cannot be disciplined by the union for post-resignation conduct, even if its constitution or bylaws purport to restrict the member’s right to resign.
Can the union fine you if you work during the strike?
In a unionized workplace, it is your legal right to strike, and you cannot be penalized by your employer for participating in a lawful strike or picket line. When a strike is over, you have the right to return to your job.
What a union is not allowed to do?
Unions are not allowed to do the following: threaten or coerce employees to gain support for the union. refuse to process a grievance because the employee has criticized union officials or is not a member of the union. use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.
Can union members refuse to strike?
Your rights when another union pickets
You have the right to refuse to cross a legal picket line without fear of discipline.
What if your union does not fight for you?
If a union fails to represent a worker due to prejudice, or hostility, the union can be charged. The idea of failure to represent includes failing to properly investigate a grievance, process a grievance, or in some cases, even to arbitrate a grievance.
What happens if a union worker crosses the picket line?
Union members can be disciplined by their union for crossing a picket line but unions may not discipline members if refusing to cross a picket line clearly violates the no-strike clause of the contract the covers the member in question. National Labor Relations Act Section 7 codified at 29 U.S.C. §157.
Do you have to strike if your union strikes?
You don’t have to strike
Andrew added: “It should always be your own decision to take part in any industrial action that has been called for. Legally nobody can force you to do so. While union members may lawfully attempt to persuade you (known as picketing), you can rightfully refuse.”
Can your boss fire you for talking to a union?
Can you be fired for joining a union? Your employer can speak to you about the union, but under the law they are not allowed to threaten, coerce, discriminate, make promises, impose a penalty, or do anything that stops you from making a free decision on union representation.
Can you get kicked out of the union?
Expulsion for a conduct reason
A trade union can expel you for conduct that it finds unacceptable. But a trade union may not expel you for the following conduct: current or former membership of a trade union. current or former employment.
Can an employer kick out a union?
The employer can notify the union—within a reasonable time before the CBA expires—that it plans to withdraw its recognition of the union when the contract ends. This is called anticipatory withdrawal.
How do I fire a union employee in Canada?
An employer must provide an employee with at least two weeks written notice of their intention to terminate the employment of an employee. In lieu of written notice, the employer must pay two weeks wages at the regular rate to the employee.
Can an employee be terminated if they participate in a union strike Why?
The mere participation of a worker in lawful strike shall not constitute sufficient ground for the termination of his employment even if a replacement has been hired by the employer during such lawful strike.
Does everyone in a union have to strike?
If you work in the private sector, definitely. It doesn’t matter if you are part of a labor union or not. For government workers, though, it depends. The National Labor Relations Act of 1935 enshrined the right to strike into law.
What are 4 cons of being in a union?
What Are the Disadvantages of Labor Unions?
- Labor unions can discount worker education and experience.
- Labor unions require ongoing dues and may require initiation fees.
- Labor unions may participate in activities that workers disagree upon.
- Labor unions discourage individuality.
What power does a union have?
Union members work together to negotiate and enforce a contract with management that guarantees the things you care about like decent raises, affordable health care, safer workplaces, job security and a stable schedule. There is a union for every type of career.
Do I have to tell my boss I’m in a union?
You have a legal right to join a trade union and you don’t need to tell your employer that you are a union member. If you’re facing a grievance or disciplinary process you are entitled to be accompanied by a trade union representative. It’s entirely up to you, and only you.
How much notice does a union have to give before a strike?
It may then ask its members to vote by post – called a ballot to strike – on whether they wish to strike or not. Unions have to give a minimum of 14 days notice to a workplace where they are planning industrial action.
Are strikes illegal in Canada?
In what is being hailed as a “game-changer” in Canadian labour relations, a majority of the Supreme Court of Canada held that the right to strike is constitutionally protected under the freedom of association in s. 2(d) of the Canadian Charter of Rights and Freedoms.