January 7, 2011 - Government of Newfoundland and Labrador
January 7, 2011 - Government of Newfoundland and Labrador
January 7, 2011 - Government of Newfoundland and Labrador
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Protecting the Labour Rights <strong>of</strong> <strong>Newfoundl<strong>and</strong></strong>ers <strong>and</strong> <strong>Labrador</strong>ians in a Globalized World<br />
<br />
While the Labour Relations Board could order a certification vote previous to this<br />
change in legislation even if the union had a clear majority <strong>of</strong> 50% +1 <strong>of</strong> the workers in a<br />
particular workplace “signed up”, many certifications were successful without boardordered<br />
votes based on union card evidence.<br />
The erosion <strong>of</strong> this right to join a union has resulted in fewer certifications in the<br />
province. In addition, there is little doubt that the requirement <strong>of</strong> a vote has allowed for<br />
considerable employer interference in the certification process. And this <strong>of</strong>ten results in<br />
many labour-management relationships getting <strong>of</strong>f to a very bad start. Our Federation<br />
contends that this was exactly the case in Voisey’s Bay.<br />
Ironically, when we elect governments we only have to vote once. A single vote<br />
in an election <strong>and</strong> our choice is made. But when it comes to exercising the right to have<br />
union representation in your workplace, workers in our province are required to vote<br />
twice before their views are accepted, once when they sign a union card <strong>and</strong> again in a<br />
representation vote. Indeed, this is considerably more onerous <strong>and</strong> stringent than voting<br />
in current municipal elections. In the past two elections, citizens <strong>of</strong> St. John’s have been<br />
able to elect their municipal government through a mail-in ballot – not unlike the<br />
requirement to sign a union card except in the case <strong>of</strong> a union card it requires the<br />
signature <strong>of</strong> the new member <strong>and</strong> the signature <strong>of</strong> a witness. No such requirement is<br />
needed in the mail-in ballot used to determine the election <strong>of</strong> our municipal government<br />
or even in general elections when voters participate in mail-in ballots. Instead the<br />
success <strong>of</strong> such voting systems is largely left up to the honour system.<br />
Representation votes are now required in about half the jurisdictions across the<br />
country. The other jurisdictions, including federally, recognize the signing <strong>of</strong> cards as a<br />
legitimate vote for a union.<br />
The labour movement believes having to declare your choice twice is really about<br />
giving employers the opportunity to change workers’ minds. This is <strong>of</strong>ten achieved<br />
through threats <strong>and</strong> intimidation.<br />
<strong>Newfoundl<strong>and</strong></strong> <strong>and</strong> <strong>Labrador</strong> Federation <strong>of</strong> Labour Page 34