Question

Please respond to each of the following case scenarios. Your perspective is that of a Supervisor or as an observer evaluating the supervisor’s decision in each of the scenarios unless otherwise advised. Ensure that you identify the specific prohibited grounds if you find that there is the basis for a Human Rights complaint. Also, make sure that you address the relevant issues in each case and provide an explanation, as needed. Limit your response for each scenario, to about 150 words per scenario, but if you need more words for some scenarios, then go ahead.

1. RayForm Company, located in St. Catharines Ontario, was faced with a unionizing drive by the Communications, Energy and Paper Workers Union (CEP) targeting employees at the entire location. In a meeting with all employees, before the certification vote, the President of RayForm said: “It is difficult to think of “trying out” a union. Once a union is certified, it is very difficult for employees to undo that decision. Check with the Labour Relations Board or check the law out for yourself and you’ll find how difficult it is.”

Some employees felt that the President seemed to be intimidating the employees. Comment on the words of the President. Briefly describe a company’s rights and limitations, while a union certification voting is pending. Can the Company say they do not want the Union? Explain.

Answer 1

As per the guidelines of National Labor Relations Act (NLRA), if there is the voting for the formation of the Union in the given organization, no act, statement or any initiative should be taken by the management that can be considered as demoralizing to the employee to initiate the formation of the union in the organization.

If we look at the statement given by the President, there is a hint or caution given by him to the employees about the possible fallouts of forming the union and it can be seen as the initiatives taken by the  President to intimidate the employees to rethink the formation of union which can be treated as against  NLRA guidelines.

The formation of the union has to be done as per the guidelines of NLRA and no organization can oppose the formation of a union