Question

During the union certification process, which employer activity is prohibited, according to Canadian labour relations
legislation?

Answer 1

Answer:

An employer may communicate to an employee a statement of fact or opinion reasonably held with respect to an employer’s business.

An employer’s communication must not be intimidating or coercive.

Coercion is defined as any effort by an employer to invoke some form of force, threat or undue compulsion for the purpose of controlling or influencing an employee’s freedom to participate in union activities.

The employer’s right to communication does not extend to encouraging employees to take a certain course of action in relation to a union organizing drive, nor does it extend to an employer’s attempt to discover which employees signed membership cards.

Both the content and the communication methods used by the employer will typically be considered.