Questions and Answers about organizing your workplace

Many employees know they and their co-workers would be better off with union protection, but are unsure about how to bring a union into their workplace. Below you'll find some Frequently Asked Questions, geared to the news industry in Ontario.

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Q: How hard is it to form a union?

A: It's relatively simple. If you and some of your co-workers want to form a union, we begin signing union cards. If a majority of employees signs up, the union then applies to the Ontario Labour Relations Board for “certification”. The labour board then conducts a vote, and if most of those voting agree that they want a union, the board will certify the union as the employees' representative. This means that the company is legally obliged to recognize the union and bargain with it.

Q: Is union organizing done without the company knowing?

A: Usually yes, particularly at the initial stages. While it is illegal for any company to fire or penalize an employee who wants to form a union, most employees feel more comfortable if union organizing is done without the company's knowledge. The company, of course, will find out if the organizing drive is successful, since the labour board will then order a vote.

Q: Will the company ever find out who has signed a card?

A: No. When cards are submitted to the Labour Board, an official of the Board checks the signatures against a company-provided sample of employee signatures in order to verify that the union has legitimately signed up most employees. The company will find out how many employees signed, but will never know exactly who. That information is not released by the Labour Board. After certification, of course, the leaders of the newly unionized group will be elected the company will know who they are, but by that time it is too late for the company to stop a union drive.

Q: Is a company allowed to threaten or intimidate employees if it wants to stop unionization?

A: No, this is illegal, and in our experience, most companies are sophisticated enough not to resort to intimidation. However company lawyers will advise managers to make statements that spark fears about strikes or tough bargaining by the employer.

Q: Can I discuss the pros and cons of a union while at work?

A: Yes. Employers cannot prohibit you from discussing the union provided the conversation is within the usual range of social interaction that is allowed in the workplace. However discussion about the union, or signing union cards, cannot interfere with anyone getting their work done.

Q: Can an individual department be unionized or does the whole company have to be organized at one time?

A: In the news industry, unlike most others, the Labour Board will allow certification of a union representing only one department — for example, the newsroom of a newspaper or the advertising department. We have found that at smaller papers and magazines, these one-department bargaining units can have their weaknesses because they are so small in numbers. For this reason, we usually prefer to organize an entire newspaper at once, particularly when it is a small one. If you think there is support for a union in only one department, the best thing is to discuss it with us and we can help advise you on the best strategy.

Q: Who makes the decisions in SONG?

A: SONG is run by its members. Bargaining units (in other words, each workplace) elect their own officers and manage their own affairs in accordance with SONG's bylaws and the constitution of our parent union, the Communications, Energy and Paperworkers Union of Canada (CEP). Under the bylaws, elections must be held once a year. The executive of SONG, consisting of elected officers from each workplace plus seven officers elected at large, make decisions on financial and policy matters.

Within CEP, a convention is held every two years, to which SONG elects delegates. The convention sets the national union's policies and priorities.

Q: What does it cost to belong to SONG?

A: Union dues are 1.52% of gross salary, and are taken by payroll deduction, like CPP premiums. Union dues are not paid by new members until the your elected bargaining representatives have negotiated a contract with the company and the staff have approved that contract in a majority vote. Union dues are tax deductible.

Q: Where do the union dues go?

A: SONG is a non-profit organization that receives money only from its members. The biggest expenditures are the salaries of SONG's office staff and professional employees, who ensure that contracts are negotiated professionally and that grievances are pursued. We also spend a lot of money on grievance arbitration — the legal process for solving disputes over contract interpretation. (For example, if a member is fired unjustly, he or she has access to arbitration, often including the services of a lawyer, with all costs paid by the union.) The union also spends money sending some members on educational courses, and for affiliation fees to the CEP and the Ontario Federation of Labour. Some of the fees to CEP go into the national strike fund for emergencies, and SONG also maintains its own local strike fund to supplement national strike benefits.

Q: Does the company have to bargain fairly?

A: Yes. Even hard-nosed companies must comply with the law. Ontario labour law requires a company to bargain in good faith and make all reasonable efforts to reach a contract. The Ontario Labour Relations Board enforces that. A company that bargains unreasonably is subject to binding arbitration by an independent adjudicator to settle a first union contract.

Q: Are strikes common?

A: No. The great majority of contracts are achieved through dispute-free negotiation. But if the members at a particular workplace are not willing to accept an inferior settlement they can decide to take a strike vote. A strike vote raises the stakes in negotiations, and contracts are often settled after a strike vote but before a strike is begun. No strike can occur without a majority vote by secret ballot, and only the bargaining team of elected employee representatives may actually call the strike.

Q: What will be in our contract?

A: That depends on what the members want, and what we can negotiate with the company. The members at your workplace will determine their own priorities, and negotiations will reflect those priorities. Members have the right to ratify any settlement that is reached, by secret ballot vote. However, it is fair to say that most newly organized groups negotiate contracts that are similar to those negotiated in similar-sized unionized publications.

Q: Are some employees not eligible to be unionized?

A: Any full-time or part time employee is eligible. However, labour laws exclude from unionization anyone who exercises managerial authority, including for example, the authority to hire and fire. Often we have disagreements with companies over who is managerial and the labour board has to decide. We usually argue that anyone who wants to be protected by a union should have that right. Freelancers are also not eligible for unionization because they are not employees; however, someone who is dependent on one company for the bulk of their income and who has little in the way of independence may be eligible. The best way to answer these complicated questions is to discuss with us your own particular circumstances.

Q: What about “contract” and “freelance” employees?

A: All “contract” employees are recognized by Ontario labour law as part of the bargaining unit covered by the union. All SONG union contracts allow the company to hire “temporary contract” employees to cover maternity leaves and other short term coverage situations. However all other “contracts” are recognized as permanent employees. Any contract employee can sign a union card and cast a ballot in the union certification vote.

“Freelance” is often another word for “not on the payroll.” The Ontario Labour Relations Board has ruled that “freelancers” are actually permanent employees if they work extensive hours (full time or nearly full time) and are under the managerial control of the company. These “full-time freelancers” can sign a union card and cast a ballot in the union certification vote.

Q: Can SONG protect incompetent employees?

A: No. SONG will not protect any member who is incompetent or guilty of gross misconduct. But in a unionized environment, a company cannot simply fire someone without having adequate grounds and being able to prove its case that firing is justified. If an employee believes he or she has been treated unfairly, the employee has a right to union representation; if the union believes a case can be made, we will pursue it.

Q: Why should I join a union if my boss is treating me OK?

A: For a lot of reasons. To start with, your boss today may not be your boss tomorrow. Without a union contract, you have no guarantee that your wages and working conditions will not be undercut by a new boss — or for that matter, by a new owner.

A union can provide dignity in the workplace by ensuring that the employee-employer relationship is not controlled by just one party. Individual employees standing alone have little or no power of persuasion over wealthy and sometimes ruthless publishers. The only strength employees can hope to enjoy is the strength they lend each other.

And if your boss genuinely likes you now, he or she will respect your right to choose a union. This choice will not damage a positive relationship.

Q: Where do I get more information?

A: Give us a call, or an e-mail.