Non-union representation and employer intent: how Canadian courts and labour boards determine the legal status of non-union plans

摘要

Non-union employee associations are neither banned nor protected in Canada. Issues arise when the employer's intent, or the effect of these associations, thwarts unions or deprives employees of their right to unionize. Thirty Canadian cases are examined involving: (i) employee associations applying for union status; (ii) non-union associations colliding with union organizing campaigns and (iii) the Supreme Court case favouring a non-union plan for the national police over unionization.