Volume 2, Issue 1

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Employer’s Lawyer Advises Use of Memo to Send Employees to LabourWatch

John Mortimer
President, Canadian LabourWatch Association

Late last fall the Newfoundland and Labrador Labour Relations Board ruled against a union claim of management interference in an employee decertification application.

Employees used a mixture of LabourWatch and phone calls to the Board to understand the process for decertification.

Counsel for management commented: “this was not the usual employee application – they were not foundering around – they had everything right".

A vote, 5 days after the June Application, was sealed for four months pending a hearing on the union’s claim of "management intimidation and coercion”. A month later a decision ordered that the vote be counted - 91% of employees voted 62% in favour of decertification.

As in the Saskatchewan case (covered in our June 2001 Newsletter – available on our site) LabourWatch was not directly named or challenged by the union.

The lead Applicant employee had worked on the decertification for a number of months. It is our understanding that he was key to the original certification a number of years earlier.

The Construction General Labourers, Rock and Tunnel Workers Local 1208 advised the employee in writing, a couple of months prior to filing the Application, that his continued actions would lead to his removal from the union which, in our country, would cost him his job.

Several times at the hearing union counsel said that the union was within its rights to remove the 2 employees who worked for decertification.

Membership Up 9 in First Year to 15 Associations

Webmaster, Canadian LabourWatch Association

The idea of LabourWatch began with 1 Association encouraging us – CRFA – Canadian Restaurant and Foodservices Association. By the time we went live there were 5 more. We have diversified into a range of sectors of the economy including construction, oilwell drilling and retail. Please welcome our latest members:

  • BCTIA – British Columbia Technology Industry Association
  • CFIB – Canadian Federation of Independent Business

You will find the full list of Members on our site. Our 2002 goal is to grow by at least 10 new Member Associations.

We thank everyone for their support and ask that you keep connecting us with other Associations you meet, know or partner with so that we continue to grow.

New Law Firm Joins

John Mortimer
President, Canadian LabourWatch Association

We are pleased to welcome Miller Thomson to the team of supporting firms. Victor Leginsky and Paul Devine of the Vancouver office will be helping us with the Federal jurisdiction.

Victor recently joined Miller Thomson from another Vancouver firm and has years of Federal experience while Paul is a former Vice Chair of the BCLRB and the head of the department.

Full list of firms is now available on our site.

Thanks to all of them without whom we could not operate.


About LabourWatch - Informed Employees, Informed Choices

LabourWatch advances employee rights in labour relations. We provide resources on unionization to help employees make informed choices. The Canadian LabourWatch Association is a federally-incorporated, non-profit founded in 2000. LabourWatch's membership includes law firms and industry associations across Canada that provide financial and voluntary professional support for the organization's activities. LabourWatch encourages employers, particularly, to use the website in consultation with a labour lawyer.

Canadian LabourWatch Association
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Canadian LabourWatch Association
Suite 205, 125A -1030 Denman Street
Vancouver, BC V6G 2M6

A Federal Non-Profit Corporation