The Organizing Manual

A Workbook to Assist Staff, Activists and Inside Committees with the Realities of Organizing a Union

Introduction

Some of the materials provided in this workbook are taken from previous CUPE Organizer Training Workshops, ONA Staff Organizing Manual, the CEP Organizing Model: A Union Organizer’s Guide, and finally, from the varied and rich experiences of CUPE Organizers across Canada.

This document is not intended as a comprehensive legal guide to each province’s Labour Relations Act or Code, but a manual to assist Organizers in working with Committees to organize unorganized workplaces and to work with members in workplace campaigns.

There are no organizing secrets; we know it is labour intensive and often unglamorous work. For those who love organizing, it presents an opportunity to watch individuals and groups become empowered through the simple act of exercising their right to join a union of their choice and participate in its activities.

Why ORGANIZE?

Organizing is an essential part of what CUPE does
We organize because what we want for ourselves, we want for all.
We organize to strengthen our existing membership.
We organize because we care about the services we provide to the public.
We organize to increase the power we have in the communities we live in.
We organize because workers are better off organized than unorganized, and when they are organized, they are better off with CUPE.

Who ORGANIZES?

Organizing in CUPE is done at many levels, by many different people.
Some staff in CUPE are full-time organizers. All National Representatives may be called on at some time or another to participate in organizing drives.
Our elected officials often assist in organizing campaigns.
Many of our activists and members are excellent organizers. Often members participate in organizing campaigns on a voluntary basis. Sometimes they are released from their jobs to assist on a drive.
The Inside Committee, a group of pro-union workers from the workplaces that are being organized, is the crucial link in organizing. A strong committee is essential to the success of any organizing drive.

An Ideal Organizer

Is someone whom people like and trust
Enjoys being with many different people
Is a friendly, thoughtful listener, with lots of patience
Has good communication skills
Is someone who doesn’t take differences of opinion personally
Is someone who knows CUPE and is eager to help others unionize
Wants to learn more about planning strategically
Has experience and enjoys working as part of a group
Is self-motivated but willing to take direction
Is a well-organized person
Is willing and able to work unusual hours
Is optimistic about life in general and unions in particular!

Roles

As mentioned earlier, organizing in CUPE involves many different people at many levels.

CUPE Organizers and Staff:

Understand the relevant legislation relating to organizing.
Give clear direction, guidance and support to the Inside Committee and Member Organizers.
Assist in structuring the campaign.
Educate the Inside Committee about CUPE and the certification process.
Produce or approve the materials used in the campaign.
Maintain regular contact with the Inside Committee.
Assure confidentiality.
Prepare the application for certification and Labour Board forms.
Are ultimately responsible for deciding to extend or close down the campaign.

Inside Committee:

Leads the drive at the workplace by talking to co-workers to gain their support for the union.
Collects information, such as employee lists, work schedules, addresses and home phone numbers.
Helps to identify issues at the workplace.
Identifies and recruits potential members for the Inside Committee.
Encourages co-workers to sign membership cards.
Reports any problems immediately to the CUPE Organizer.

The List: Mapping the Workplace

The List:

A CUPE Organizer will be working with the people on the inside organizing committee to put together a list of workers who are eligible to be part of the new bargaining unit. Generally, this list will include all full time, part time, casual, contract and probationary employees excluding management.

This list of names is known as “The List”. The union needs a complete record of jobs and the number of people eligible in order to figure out what percentage of people have signed cards or support CUPE.

Putting together a map of the layout of physical space where people work is one way of making sure that we haven’t overlooked anyone for The List.

A CUPE organizer will make the decision about who belongs in or out of the proposed new bargaining unit. In some campaigns you will have enough information on hand. In other situations, you may ask an inside committee member or an organizer to help with the necessary research.

When making The List of employees, you should be checking it twice (at least!). You have to be sure to include everyone who belongs in the bargaining unit. You also have to be sure to exclude those employees who do not belong in the union.

If a job belongs in the bargaining unit, CUPE will count the number of people in the job as part of the total number of members for the prospective unit.

This is the key to deciding how many employees you need to sign up.

If you define the unit too narrowly and the Labour Board includes jobs that you didn’t, you may not have signed up enough members to be certified.

Ultimately it is the Labour Board who decides which jobs belong in or out of the new unit. Our job is to anticipate the Board’s thinking, so that we aren’t “organizing in the dark”.

Deciding on the description or “scope” of the bargaining unit must be done before an organizing campaign even begins.

Not included in the bargaining unit

People whose jobs include hiring, discipline and firing are clearly management and are not included in a union.

The duties of some jobs aren’t always that clearly cut. These factors help decide if a person is part of management.

Does the person: Hire? Fire? Discharge? Transfer? Lay Off? Make “effective recommendations?” Write performance reviews? Sign Evaluations? Discipline? Interview for Promotion? Promote? Reward (merit pay, perks)? Give Time Off? Recall?

Jobs where people make independent policy and budgetary decisions for the employer are excluded from the union as well as staff who handle labour relations matters. Jobs where a person regularly uses confidential information about other employees also will not be in a union. An example of this type of job would be someone who may type a letter of discipline, or prepare bargaining proposals.

Another reason for being clear about whose management is that the law says management can’t help in an organizing campaign. If you accept help from a friendly person in a management job you could put the entire campaign at risk.

“Community of Interest”:

The fundamental question the Labour Board uses to decide who belongs in a new unit can be summarized by asking: “Do employees in the group have enough in common to bargain well together without causing their employer serious problems?” The Labour Boards have tended to broadly define community of interest and we should assume that a bargaining unit that includes all employees (excluding management) would be ordered by the Board.

The Labour Board normally names the municipality as the geographic area the bargaining unit covers. If the employer has similar services or operations within the same city or region, you may need to include those employees in the bargaining unit. The scope of the bargaining unit should be determined before any card signing begins.

Part-Time Employees:

If an employee works less than 24 hours a week they are considered part-time. This means that people who work full-time daily hours but for only part of the year (often called “temporaries” or “contract workers” or “seasonals”) are counted as full-time employees.

The decision about whether to aim for a single unit of both full-time and part-time employees or to try another route is a strategic, tactical and practical one. A CUPE Organizer will make this decision in consultation with the inside committee.

When collecting names before a campaign begins it’s important to include the part-time, temporary and casual workers so that CUPE has as much information as possible about the workplace.

The List: Finding Names

Think of how/when/where you might find names of workers who belong in the potential bargaining units.

Hints about Lists:

Shift Schedule Forms
Work Assignment Sheets
Telephone List and Directories
Health and Safety Committee Lists
Vacation Sheets
Call-In Lists
Memo Routing Sheets
Birthday Lists
Social Committee Contracts
Coffee Club Reminders
Lottery Pools
Sports Pools
Avon Reps
Charity & Fund Raising Lists
Workplace Sports Teams
Minutes of Staff Meetings
Group Photographs…
Plain Brown Envelopes…

The Inside Committee

An inside committee is a group of pro-union workers from the workplace you are organizing. The inside committee is crucial to the success of all organizing drives.

The inside committee leads the drive to gain the support of the majority of the workers for the union. They do this by collecting information about the workplace:

Lists of names, addresses and phone numbers
Information about management
Information about why people need a union
Current problems
Talking to their co-workers about
What issues are important to them?
Joining the committee
Signing membership cards

The Committee should be representative, inclusive, trustworthy and have good work records and include men, women, racial groups, young people, older workers, language groups, different shifts, job classifications, full-time and part-time, long-time employees and new hires.

Ideally, we have at least one committee member for every 10 workers. In large workplaces you will have an inside committee for each department, building or floor.

Planning a Campaign

Most experienced organizers say that every workplace has three types of employees - one group are union supporters, one group will be anti-union, and one group have not yet made up their minds. The organizing drive should focus on the last group and attempt to convince them that CUPE is right for them. Experienced organizers also will tell you that it is rare to have 100% support in any campaign. Often we spend too much time on the vocal anti-union group trying to change their minds about unions. This can backfire on us and make us look anti-democratic. Workers have the right not to support a union as well as to support one. Remember after a successful campaign the entire workplace will become unionized – those who supported the union as well as those who opposed it.

Each organizing drive needs the following:

People – The Organizer and the Inside Committee.
Issues – things that are important at the workplace.
A strategy – a plan about how and when to let others know about the union and get cards signed.
Record Keeping – names addresses, phone numbers, number of supporters etc.
Vote day strategy – if a vote is needed how to make sure we win.
Celebrate and Evaluate - talk to people after the campaign is over – what did you do well, what could be done better – thank people for their hard work – win or lose.

The Inside Committee and the CUPE Organizer:

The Inside Committee should meet regularly with the Organizer.

Committee members will rely on the Organizer for information about how unions work. The CUPE Organizer should be prepared to give people a copy of CUPE’s Constitution and materials about CUPE structure, advise them about average dues per month in comparable CUPE job classifications, and explain how collective agreements work. As well the Organizer should keep a list of suggestions about what to include in the first set of contract proposals.

The Inside Committee will probably want to expand the group as the campaign progresses.

The Organizer can help the Committee divide up the work, and suggest different people to do certain tasks, such as arranging a meeting place or

delivering a CUPE report to someone who’s asked for it. The Committee will form the basis of the new union, and from the start the Organizer can help build confidence and leadership.

Identifying Issues:

Part of the planning process is deciding on which workplace issues are the most important from the point of view of the campaign. (Some issues such as a supervisor’s rotten personality, may be important, but doesn’t make a good campaign issue.)

The Committee and Organizer may consider the following:

Which issues involve the most people?
Which issue does CUPE have a proven track record on?
Which are priorities for CUPE already?
Are there issues the union cannot do anything about?

Once two or three issues have been selected the Organizer and committee can determine how to respond to these issues. CUPE may have videos and materials already prepared or materials, flyers and leaflets may need to be produced. There may be an upcoming CUPE educational, workshop or event that the Committee members may be invited to attend.

Planning: Overall Strategy:

Deciding on the overall strategy is the responsibility of the CUPE Organizer. The role of the Inside Committee is to assist. Planning must take into account workplace issues and the relationships between people. One approach is to make an “inventory” of problems the organizing campaign must face and an inventory of things that can work to the advantage of the campaign. The Organizer may ask inside committee members or organizers to spend some time talking to people in the potential unit, and to make a list. Usually the beginning of a campaign produces quick results and many card signers. The middle of a campaign may see card support slow down as people become more difficult to locate and it becomes more difficult to convince them to sign cards. Though every campaign is unique, an experienced Organizer and enthusiastic inside committee members will be able to suggest strategies to overcome some of these inevitable road blocks.

Keeping Records, Keeping Count:

One of the most important jobs of a union organizer and committee members is keeping confidential records. In every campaign the ability to assure confidentiality is essential. Labour laws are designed to protect individual’s right to sign membership cards and vote confidentially and to protect workers from threats and harassment from the employer.

While the committee and Organizer will know who has signed membership cards, individual names should NEVER be disclosed without the permission of that card signer. Usually strong union supporters will become committee members themselves and feel comfortable in talking to others about why they signed a card.

The committee needs a system for assigning members to approach specific people or groups of people, and also a system for collecting the signed cards. One person, usually the CUPE organizer or the committee coordinator, will keep signed cards and will be the record keeper.

That person must keep track of every employee, every potential union member, through a very confidential system that shows whether they’ve signed a union card or whether they’re likely to.

There are many ways to keep lists: by work area, by job titles, by name of committee member assigned to a group, or by shift. When you begin to create a list of contacts it is usually a good opportunity to ask committee members who they feel most comfortable with and who they would like to approach. This way allows the committee to become familiar with the social relationship at the workplace and gives the committee members the opportunity to practice talking about CUPE with the people they are most comfortable with before they approach coworkers they do no know well.

What’s important is that there be a system to follow what’s happening and that it includes a way of evaluating the degree of support from the people who haven’t yet signed cards.

A common system records four different levels of support for the union: Strong yes, maybe yes, maybe no, strong no. Others use a simple, yes, no, or maybe system. Anyone who has worked on an election campaign will be familiar with this system.

Larger campaigns require more sophisticated methods of looking after the list. There are several electronic list maintenance systems available.

Whichever system is chosen should be compatible with the filing requirement of the particular Labour Relations Board, so as not to duplicate work, especially when it come to submitting the list of card signers with the application for certification.

Usually committees choose to keep the number of people who’ve signed in secret. Whatever the decision about numbers, the names of people who’ve signed cards must be kept absolutely confidential.

Vote Day Strategy:

Certain Provincial Labour laws require a mandatory vote, regardless of the level of card support you have. Other provinces give the opportunity for a vote if a minimum level of card support is achieved. Either way, the best strategy is to assure that everyone knows that a vote is or may be required. One of the very few advantages the union has during an organizing drive is the control over when we make application to the Labour Board for a vote. If the vote day is a fixed number of days from when the application is made we pick the best possible vote day then count backwards and make the application so it falls on our preferred day. Remember if you can select the day and vote hours, pay attention to the following:

Shift changes
Pay days
Part time scheduling

Ideally we choose a day and time which suits the majority of our supporters. Usually we try to stay away from Monday or Friday votes as well as the day before or after a Statutory Holiday.

While all Labour Laws require the employer to post details of the application and information about the vote prominently at the work place we must accept responsibility for contacting our supporters to ensure that they are aware of the vote date, time and location. Phone trees, mailings and home visits are all common tactics used before the vote.

We also need to ensure that each supporter who is not scheduled to work that day is aware of the need to cast a ballot. Car pools, taxi chits, childcare may be offered. The Labour laws do not allow for advance polls or proxy voting.

Finally, make sure that our supporters are aware of the language used on the ballot. Labour laws often use legal language in the wording on the ballot, which can be difficult to understand.

Celebration and Evaluation

After the campaign is over it is essential that time be allotted to celebrate and evaluate. This is the opportunity to thank people for their commitment and hard work whether the campaign was successful or not. Afterwards, schedule an evaluation with the key players in the campaign. Discuss what worked well, and if the campaign was not successful, why it wasn’t. Inside committee workers often feel very responsible for the outcome of organizing campaigns. The evaluation process is an opportunity to ensure that they do not take the loss personally, but learn from what happened. The evaluation is also an opportunity to decide how and if to stay in touch. Maintaining contact with the Inside Committee ensures that we have a group to work with when they wish to attempt to campaign again.

Choosing a Union: Choosing CUPE

Sometimes, a group of workers who are thinking about forming a union will invite representatives from more than one union to meet with them. If the group hasn’t already decided for sure to organize they’ll be making two decisions. First, whether they really are going to continue the process at all, and second, whether they want CUPE.

They may invite representatives from two or three unions to meet with them at the same time or they may set up a series of interviews, and meet with union reps one on one. If we’re asked a preference, we always prefer to meet alone, but we don’t push it. We also, try to be the last union to make the presentation.

The CUPE Organizer will be the person to attend one of these meetings to answer questions about CUPE. They may bring along someone from a CUPE local in the same field. Being well prepared is a signal that CUPE is seriously interested and ready to help. The following is a checklist for the presentation

Try to identify the particular issues that are prompting people to organize.
Put yourself in their shoes, imagine what might worry them, what might interest them.
Respond to questions about CUPE and the law. Give people printed information so they can concentrate on what you’re saying and not worry about getting it all down on paper.
Make sure that materials are appropriate for the group you are speaking to. Is it written in clear language? Is it accessible to people with different abilities to read English? Do you need materials in other languages? Do the graphics used represent the variety of CUPE membership? Do the materials look professional and is all of the information accurate and up to date?
Listen and discover what issues are central to each group. Speak about CUPE in a way that deals with the things you know are on people’s minds.
If the circumstances seem right offer to arrange a phone call to a CUPE member in a similar workplace, or a member with a similar problem.

CUPE:

When asked to explain the CUPE structure, or to talk about CUPE, remember that the employees will likely be interested in specific topics.

This is not a time for a 45-minute lecture or a historic overview of the trade union movement. Try to stay focused. Most unorganized workers have specific questions concerning the following topics:

CUPE Structure
Dues
The number of locals that CUPE represents from the same jurisdiction
Wages and benefits of CUPE locals in the same classification or jurisdiction
The law, rights and protections for workers organizing

When possible it is advisable to have this information in advance of the meeting. If this is not possible you should ensure that we respond to specific questions and inquiries in a timely manner.

Signing Membership Cards

The law requires us to provide proof of support for the union. This is done by collecting signatures on membership cards.

The inside committee will have already signed cards as they join the committee but at some time, you have to sign up as many of the other workers as possible.

Do not start the card signing campaign until you and the committee are ready.

Signing is done by approaching people one to one. This is done outside work hours, during lunch, breaks or before or after work. You may invite workers to come to a meeting room at the union hall or at someone’s home. You may visit people at their homes, a local restaurant or some other convenient place.

You need to act quickly once card signing has begun. The slower you are, the more chance it gives the employer to interfere with the campaign. So, the quicker you are, the less chance that the potential members will be threatened or get overly worried or scared.

Also, signed cards are only valid for a certain period of time (depending on the jurisdiction). Sometimes, if campaigns take too long, we have to go back and re-sign people who signed early in the campaign because their cards are stale-dated.

People are convinced to do something on an individual basis. A union is a collective, but the decision to join that union is taken person by person.

That’s why systematic personal contact is so important in an organizing campaign. One on one, face-to-face contact is the most effective approach.

When Signing Cards DO:

Be careful

There are legal limits on union activities during working hours. You can sign people up before work, during official breaks, or after work. Don’t sign people up in their work areas. Keep to the locker rooms, the washrooms, the cafeteria, the parking lot or bus stop, or arrange to meet people at their homes.

Be discrete

There are people who will want to sign but won’t want their friends to know. Don’t assume anything but absolute secrecy. If people are afraid to be seen talking to you, ask for their home number and call them after work.

Use your judgment

If you have approached a person more than once and they still refuse to speak to you or cannot make up their minds, leave them alone. One rule often used in approaching people is the “three times and out”. If after giving the person three opportunities to ask questions and make up their mind, they still are undecided, leave them and concentrate on other workers.

Remember that Management has rights

The employer has the legal right to express opposition to the Union. BUT they cannot use coercion, intimidation, promises, undue influence, or threats.

Put it in writing

Keep written notes of and report to the Organizer immediately if you observe or hear about any instances of Management interference. There may be grounds for filing an “Unfair Labour Practice” complaint at the Labour Board.

In the provinces where a vote is required, our greatest chance of success is to have at least 65% of the potential membership sign cards. You may be successful with 51% but this indicates a very divided and fractious work force and a very difficult group to negotiate with.

When Signing Cards DON'T:

Pressure anyone to sign
Use the names of other people who have signed as a way to convince others to join, unless you have permission to do so.
Talk about “jobs”. Some people might think you’re promising (or threatening) their job if the union is successful. That’s not legal, and could cost the union the campaign.
Promise that a vote will be held so that people can have a “final say”. People need to know that signing a membership card shows that they support a union. Certain provinces do have a requirement for a mandatory vote as well.
Accept help from friendly management people. The law forbids the employer and management people from helping in an organizing drive. Even if the offer of help is well intentioned, it’s illegal.

Common Questions and Responses

When you’re asking people to sign a union card, they’ll have many questions like the ones that follow. Here are some possible responses.

If someone asks a question you do not know the answer to, you should say so, and tell the person you’ll get back to him or her with an answer. It’s important for people working on the campaign to let each other know about hard questions that come up. The Organizer and committee members may decide to put out a leaflet about the issues that people are most concerned about.

Will we have to go on strike?

In CUPE, the local union members are the only people who decide on a strike. (Some employees, such as people who work in Homes for the Aged or hospitals, are covered by legislation in certain regions that sends bargaining disputes to arbitration. By law, these employees cannot strike.)

Educating patients, residents, clients, etc., holding rallies, handing out information to the public, and making links with groups in the community are examples of other ways that our union can show our power and influence.

What does signing this card mean?

It means you want the Canadian Union of Public Employees to represent you at your workplace.

I’m just a casual. I didn’t know casuals could be in a union.

Today both casuals and part-timers are getting together in unions. CUPE has locals made up of only casual or part-timers. Many locals include casuals and part-timers with the full-timers. A union contract can set out fair rules for call-in work, and can give casual employees benefits. Many casuals really want a full-time job. A CUPE contract can set out a fair process so that casuals can move into vacant permanent or part-time jobs.

Why should we pay dues to the union?

Paying dues will give the local access to all of CUPE’s services and benefits, like handling grievances at arbitration, educational programs, research, job evaluation, health and safety experts, pension specialists, equality advocates, lawyers, and professional staff.

CUPE members have a say in how their money is spent. CUPE union account books are audited regularly, and the local union treasurer is accountable to the local membership.

CUPE doesn’t begin to collect dues money until after a new bargaining unit has a first collective agreement. Dues are deducted by the employer and then sent to the local treasurer. Dues are tax deductible. Union members can deduct the amount of union dues from their income when filling out their income tax form in the spring, reducing the tax payable.

Professionals don’t need unions.

Doctors, nurses, teachers are professionals, and belong to a union. They’ve certainly benefited from union status. One of the advantages of joining CUPE is the ability to make decisions locally about issues that are important locally.

Putting your present terms, conditions and benefits into a collective agreement means that what has been gained here over the years cannot be arbitrarily taken away.

Don’t all unions support the NDP?

Voting in Canada is by secret ballot. It’s true that the members in some CUPE locals have voted to give some money to the NDP, but that’s their choice. Others have voted not to support the NDP, and for others it’s not even a question to consider. CUPE is a democratic union and the members will decide what to do.

Unions protect incompetent people.

The union can’t hire and fire. That’s management’s role, spelled out in every management’s rights clause in every collective agreement. By law the union must represent its members fairly and without bias. If someone isn’t doing their job it’s up to management, not the union, to make them shape up, and to follow a fair process of discipline. Unions protect their members from arbitrary and discriminatory discipline. That’s our job.

I don’t want the union in Ottawa to decide what happens here!

The National Offices of CUPE are located in Ottawa members get resources and access to the CUPE National strike fund. But locals function independently, choosing their own executive, bargaining committee and stewards, deciding on their own contract proposals, and voting on their own collective agreement. CUPE can help with officers and stewards’ training, but locals decide whether to send people to courses, and choose whom to send. The CUPE National office never tells you what to do. Members decide locally.

Won’t quality of care/service suffer if we unionize? The administration says there’s no money in the budget.

Unionizing in sectors like Health Care, Social Services and Child Care means better service, better care and more public accountability. Having a union means CUPE’s resources will be available to help make the case for better funding, better work organization and workplace improvements. Having a union means being protected if you speak out when you see problems.

CUPE can give locals the protection and resources needed to speak out on behalf of clients/patients/residents/kids.

Unionized workers are less likely to change jobs than workers without a union. (Union wages are higher, union benefits better, and union working conditions better.) The turnover rate for union workers is lower. This is important for services where consistency of care is a consideration, such as for kids in childcare, residents in homes for the aged and nursing homes, and social service agencies.

Unionized workers are more likely to receive paid time off if they’re sick. Workers who don’t get sick pay are more likely to come to work when they’re ill because they still have to pay the bills. This exposes co-workers, and is bad for kids, patients, residents and clients who may be endangered by exposure to contagious diseases.

In a non-union workplace workers may be fearful of losing their jobs if they speak up about lack of supplies, understaffing, or questionable work procedures. In unionized places, workers have the protection of a grievance procedure and support from co-workers should an employer retaliate if they complain.

Often unions act as advocates for the people they serve. CUPE day care locals fight side by side with parents for better funding. CUPE locals in homes for the aged present briefs listing arguments for improving care to local politicians. CUPE municipal locals document how cutbacks will lead to problems with garbage collection. CUPE hospital locals protest and lobby politicians when they cut back funding.

Unions fight against cutbacks for two reasons. They’re fighting to save jobs and they’re fighting to maintain (and improve) the quality of service in their communities. It’s the union members who see first hand how reduced services hurt the human beings they serve.

CUPE locals give money and volunteer time to organizations and projects in the community such as the United Way, food banks, youth organizations, etc…

Unions work for and promote training, education and upgrading opportunities for their members. Union members who take courses are then better equipped to provide good service.

Though many non-union workplaces are covered by health and safety legislation, many non-union workers have no safe way of getting the law enforced on the job. Unions have a long history of fighting for health and safety on the job; this means better products, better service and safer environments for clients, residents, patients, kids, and the public.

The Law

Certification Legislation

Members of the Inside Committee are not expected to be the expert on Labour Laws. CUPE Organizers and CUPE Lawyers will provide details about the laws that apply.

Jurisdiction:

The federal and the provincial governments have responsibility for labour legislation. You must determine whether provincial legislation or the federal code covers the workers you are organizing. This makes a crucial difference in various ways such as collecting initiation fees or mandatory votes.

Labour laws covering certification vary from province to province. Certain provinces require initiation fees be collected and a receipt issued. Others require a witness signature. Others still have codes, that allow for automatic certification.

If you are not certain which jurisdiction the drive is covered by or the details of your province’s labour code, determine this before any meetings take place and before a single card is signed.

Appropriate Bargaining Unit

Unit inclusions:

The Labour Board in each province or the Federal Code determines what would be an “appropriate bargaining unit”.

We need to have a good idea of what the board is likely to deem an appropriate bargaining unit in each particular case. This will indicate which employees we need to organize, and the minimum number of cards we should aim to sign.

Management and confidential employee exclusions:

All labour codes exclude from the bargaining unit people who perform managerial functions, or who have access to confidential labour relations information. This means that the boss who has the power to hire and fire cannot be in the bargaining unit. Also, the secretary who works with confidential labour relations files will likely be excluded.

The Vote:

If a vote is required, the Labour Board supervises it.

The labour board decides where the vote will be held (it could be in more than one location) and when workers will be able to vote. Sometimes the voting period lasts several days.

The union should be provided with a list of all those eligible to participate in the vote. Review this list, to ensure that it is complete.

Make sure that you are aware of any people whose right to be in the bargaining unit is in dispute. There may be more than one category of disputed worker. For example, management may want certain supervisors included for the vote, even though we feel they should be outside the bargaining unit. We may want to include certain workers who we believe to be employees, when the employer wants them excluded as independent contractors.

The ballots of disputed workers will be separated from everyone else’s. They will not be counted unless they are deemed to be members of the bargaining unit.

The union has the right to appoint scrutineers to be present at the voting and to observe the count.

Once the count is taken, there is a waiting period for appeals. Then the board certifies the unit if we have a majority of votes cast, or decides not to certify, if we do not have enough support.

Protection Under the Law

Each jurisdiction and provincial labour code also contains provisions that protect employees’ rights, as they relate to unionizing.

These protections cover the following areas:

The right to belong or choose not to belong.
The right to have one’s choice remain confidential.
The right to be protected from employer interference in belonging or choosing not to belong to a trade union.

Management’s Rights and Management’s Tactics

We usually try to keep our organizing activities as confidential as possible, but sooner or later the employer is likely to find out. Some employers do not try to interfere with a union organizing drive, but this is the exception rather than the rule.

Organizers and Inside Committees need to make sure the prospective members know what to expect if employers decide to start an anti-union campaign.

When employers find out their workers have started to organize a union, they may start a counter campaign. Here are some common tactics:

Suddenly, the employer starts to communicate much more frequently with workers. They send out leaflets and letters to employees (some to everyone, some to selected groups), they put messages on the notice boards and they hold meetings. They remind people they have an “open door” policy, even when this has never been the case before.

Some of these activities may be illegal, but often they are not. The employer has his or her freedom of speech guaranteed. In some jurisdictions, even “captive audience meetings” are allowed. However, threats are illegal.

Promises are made to solve problems that have been around for years. In some cases, problems are actually resolved. The employer sets up representative committees form departments, calls in selected workers to discuss current problems.
Some employers use scare tactics. They threaten lay-off, threaten to close down, they intimidate individual workers and in some cases they actually lay workers off, or even fire them.

Most labour codes don’t allow employer threats. But, this does not stop employers from using them.

Management Can:

Under the law, the employer, and that means all management people including supervisors, can tell employees what they think about a union so long as the employer doesn’t use threats or undue influence, etc…
The employer can make a pitch for the company or organization and say how good the working conditions are
The employer can give everyone a raise during an organizing drive and some do. (If only talking about a union can get employees a raise, think of what really having a union might do!)
The employer can increase benefits, start to hold monthly, weekly or daily meetings to solve problems.
Problems that have irritated people for years sometimes get resolved almost the minute an organizing drive begins.

Management Can’t:

Ask whether someone’s joined or is thinking of joining a union.
Ask about union meetings or activities.
Call someone into the office to talk about the union, unless that person asks for a meeting.
Can’t discipline a union supporter for doing something employees who don’t support the union also do but get away with.
Can’t visit employees in their homes to talk about the union.
Can’t promise wage increases or other benefits if employees won’t join or say they might lose benefits if they’re for the union.
Can’t tell you the organization will close down or lay people off or say that management will refuse to deal with a union if the employees choose to organize.
Can’t help or even encourage employees who are organizing against a union.
Can’t ban ordinary union buttons from the workplace if jewellery and buttons are normally allowed.

Management’s Message Examples:

Management’s messages are designed to “sweet talk” workers, and/or instill fear. One strategy is to convince the employees that a union is unnecessary because the current workplace and conditions are similar to that in other unionized institutions. In other words, employees already have everything the unionized workplaces have and more because they do not pay union dues!

Another strategy is to create fear of the unknown. The employer may refer to lay-offs, termination, refusal to deal with a union and permanent closure of the workplace.

The following are examples of messages employers may use:

Strikes:

The prospect of a strike is one of the messages most likely to instill fear among employees.

Employers may stress a number of the aspects of strikes such as:

A majority vote means you are on strike even though you voted against it.
The union may fine members who cross picket lines and will pay only meager strike benefits.
Wages and employer payments of medical and life insurance premiums will stop.
Strikers are not eligible for unemployment insurance benefits.
Employees are unlikely to ever regain the money lost due to strikes.
Workers are told that their positions cannot be guaranteed because any financial gains achieved during the strike will mean future lay-offs.
Workers will be told that their professional credibility with the public will be damaged if they strike

Unions Cannot Improve Working Conditions:

In making the union appear unnecessary, the employer may emphasize the following:

Having a union will not improve upon already existing conditions; that the wages and benefits are already in line with other facilities.
Lack of funding will not allow for improvements even if they are unionized.
Policies and procedures are already in place, to deal with lay-off, promotions and conflict resolution (or they’re working on these policies right now).

To instill fear and doubt, the employer may stress:

Union organizing campaigns are based upon promises of higher wages, better benefits and more job security – promises that the union cannot guarantee.
Workers will be told that the employer has the right under the law to refuse to grant the union its demands.
Present benefits may even be lost and workers would be worse off than they were before they became unionized.

“The Union Is An Outsider”:

The employer may say that the “friendly relationship” between management and employees in the workplace will be lost because:

The union will promote an “us versus them atmosphere”.
Employees will no longer be able to approach management directly and must pursue solutions to workplace problems through union channels.
Pay increases and promotions will no longer be based on individual merit.
Workers lose their individual rights because of the union.

“We Know Who Signed Up”:

Often employers will tell workers that card signing is not confidential.

The employer may dwell on this point to such a degree that workers feel intimidated.
The employer may use this tactic to threaten the integrity of the union and show workers that they mislead people.

We’ve Made Mistakes, But:

If management sees that their strategy has not worked and that the union is winning the organizing campaign, it may admit that it has made mistakes. Given another chance, wages and working conditions will improve. Workers may be led to believe that if the union loses the campaign and the employment situation does not improve, they have the option of unionizing later. The employer may urge the workers to “give them another chance”.

Anti-Union Employees

Sometimes during an organizing drive you’ll be in a situation where a worker stands up and tries to bait you. Be prepared.

People express their opposition emphatically for very different reasons. How you handle troublemakers depends:

on the situation
on your resources
and on your quick assessment of what the real problem is.

Some people just have an opinion on everything, usually critical. Their challenge may be a sign of a lively mind, even though it sounds like trouble for you. (They often make good stewards!)

Some opponents may be afraid they’ll lose the control they do have over their workday, that union leaders are going to come and take away their flextime, or take them out on strike.

Others may feel the burden of family responsibilities, and fear for their jobs and the future. The union is just one more unknown to deal with.

Others may be making speeches that they want management to hear about, a desperate signal that they’re on the side of the boss.

Some people may use the meeting and the captive audience as a platform, a chance to make a speech on a favourite topic.

Some Guidelines for Dealing with Angry Opponents:

Give the person the benefit of the doubt.
Don’t belittle the person.
Be alert to the “real” question or problem on his/her mind.
Choose one point to answer, and do so in a concise way, and move on to the next person or the next item on the agenda.
Try not to be defensive.
Agree to disagree.
Remember your audience, you want them to identify with you, not the heckler. Not, “You’re not being fair to me, give me a chance to answer your question” but rather, “You’re not being fair to the group, they want to hear my answer”.
The question being asked in an antagonistic way may be the one that’s holding back a potential union supporter. Answer the question respectfully, as if the quiet person in the third row had asked it in a whisper.
Look for agreement on the process, the next step. “Can people agree that we’ll have two more questions and then break for coffee?” (Don’t say this unless you’re confident a good majority of people will agree.)
Diversion. Say you’d be happy to take time after the meeting to have a lengthy discussion. Or suggest that the person go to the back with a person from the Inside Committee during the break to discuss their concerns.
If you don’t know the answer, say so, and arrange to find out or have someone else contact the person as soon as possible. Immediate written responses will go a long way in establishing the union’s credibility.
If you’ve got a speechmaker, ask if they’ve got a special question. Say you see other hands, thank them for their comments and recognize someone else.
Remember that if the organizing drive is successful, the opponents will still be alive and well. Try to answer in a way that includes rather than excludes them and their fears.

Where to get help – Resources

Your CUPE Organizer is the best person to put you in Touch with other CUPE resources i.e. Legal, Research, Communications, etc. Each region across Canada will have a CUPE Organizer or a Servicing Representative who organizes.

CUPE’s web site is a tremendous support to people who wish to learn more about CUPE and CUPE policies and activities.

Each Province and the Federal Government have Web Sites and contact numbers (check the Blue Pages of your local phone directory) for Information about the Labour Laws of each particular Province.

CUPE’s Organizing and Regional Services Department can be contacted at 21 Florence Street, Ottawa, Ontario K2P 0W6, our phone number is (613) 237-1590, our fax number is (613) 237-1240, organizing@cupe.ca or 1-877-850-2873

Final Words

Not all organizing campaigns are successful. Experienced organizers have learned that more can be gained from shutting down a campaign before it fails than from pushing through to the bitter end. A failed drive can leave division at the workplace as well as reminders that CUPE let them down. The provisions and protections of Labour Relations Acts rarely assist in healing the bitter divide left in the wake of a failed drive. These issues are ultimately the deciding factors in determining how to end a campaign.

Fortunately this is not an issue we face frequently. CUPE’s success in organizing is unparalleled and our efficient and creative use of resources will guarantee our successes continue.

Notwithstanding the barriers and obstacles we all face in organizing, we have helped our union grow to half a million members.

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Daria/Organizing Documents/Organizing with CUPE manual.doc