Secret-ballot process should be kept

Hey there, time traveller!
This article was published 22/05/2024 (685 days ago), so information in it may no longer be current.

Manitoba has enjoyed eight years of mandatory secret-ballot vote for union certification which is a fair and democratic process.

Premier Wab Kinew promised to make unionization easier in Manitoba and he is taking one more step towards that objective with recent proposed amendments to the Labour Relations Act which will get rid of mandatory secret-ballot vote for union certification in Manitoba. The proposed amendments allow automatic certification if 50 per cent of the proposed bargaining unit sign union cards. The proposed threshold to trigger a secret ballot vote is 40 to 50 per cent of workers in a proposed bargaining unit signing union cards. If less than 40 per cent of workers sign cards, the application is dismissed.

Secret-ballot vote is a democratic right. Research demonstrates that the number of employees who ultimately vote for union certification is often much less than the number who originally signed union cards. The Manning Centre did a study on this issue and studied labour board data for the period 2009–2015 from five provinces (British Columbia, Alberta, Manitoba, Newfoundland and Labrador, and New Brunswick). After analyzing data from 1,057 union certification votes. It was observed that it’s quite common for “support” for joining a union to drop off once a secret ballot vote is held. It was concluded that it’s quite likely numerous groups of employees have been unionized in Canada without having a true backing from most workers.

A secret ballot ensures a worker can make a clear decision privately, without fear of intimidation. These reasons are why a secret ballot is used during general elections and most other situations. Conversely, the card check system means workers must share their opinions with outside or inside union organizers, sometimes in the presence of others and perhaps facing intimidation in the process.

It makes sense that most of us prefer to make these types of decisions in private without pressure, after giving thought to pros and cons of the issue. We vote by secret ballot in most situations. It is not clear why it should be different to certify a union. Workers deserve the opportunity to express their private view on certification through secret ballot vote.

In a card-check system union organizers use many methods to get signatures on cards. It can happen in social settings, at homes, schools and in the presence of co-workers. An employer whose workforce is targeted for unionization may not even know about it prior to certification. It may not have been made clear to everyone that a signature means support for certification. The process is open to undue pressure and coercion. Workers have the right to make informed decisions that will impact their careers, compensation, benefits and work environment.

You have to ask yourself; would you want to be in the presence of co-workers and be asked to sign a union card or would you like to listen to both sides of an issue and take the opportunity to cast a ballot in private as we do in most other situations?

By implementing these types of government policies, the implication is that a unionized workforce is a “better” workforce. This is not always the case. Merit Manitoba has 170 member companies representing 6,000 plus employees. Our members are key to building Manitoba. We strive to ensure that our members’ employees have the opportunity to work in their chosen trade without forced membership in a Building Trades Union. Merit members provide comprehensive benefits, have safe and innovative workplaces, and provide competitive pay. In Manitoba and across the country, open shop contractors represent 70 per cent of the construction industry.

The playing field is not level. Kinew and his government are making sure of that.

Yvette Milner is president of Merit Contractors Association of Manitoba, an industry association whose membership is exclusively open shop contractors in Manitoba.