{"id":1485,"date":"2018-07-15T17:04:33","date_gmt":"2018-07-15T17:04:33","guid":{"rendered":"http:\/\/iamaw103.ca\/?p=1485"},"modified":"2018-07-15T17:42:52","modified_gmt":"2018-07-15T17:42:52","slug":"alberta-labour-board-certifies-union-after-hotel-fires-worker-organizing-union-drive","status":"publish","type":"post","link":"https:\/\/iamaw103.ca\/?p=1485","title":{"rendered":"Alberta labour board certifies union after hotel fires worker organizing union drive &#8211; employee to keep job."},"content":{"rendered":"<p>Kim Trynacity &#8211; CBC News, July 14, 2018.<\/p>\n<p>For the first time since it was awarded new powers, the Alberta Labour Relations Board has certified a union after an employee was fired while leading an organizing drive.<!--more--><\/p>\n<p>&#8220;We were buoyed and obviously happy by the decision, because it does send a signal in the province of Alberta that we have caught up with the way the law ought to be,&#8221; said Tom Hesse, with the United Food and Commercial Workers Union local 401.<\/p>\n<p>Last September, Aaron Doncaster, an employee of the Hilton Garden Inn &amp; Homewood Suites in downtown Calgary, claimed he was fired while launching a campaign to form a union.<\/p>\n<figure><img decoding=\"async\" class=\"i-amphtml-fill-content i-amphtml-replaced-content\" src=\"https:\/\/i.cbc.ca\/1.4745254.1531505020!\/fileImage\/httpImage\/image.jpg_gen\/derivatives\/original_620\/aaron-doncaster.jpg\" alt=\"Aaron Doncaster\" \/><figcaption>The Alberta Labour Relations Board ordered Aaron Doncaster get his job back and certified the union at the Calgary hotel where he was leading a union drive. (Aaron Doncaster)<\/figcaption><\/figure>\n<p>After an investigation, the labour board agreed.<\/p>\n<p>&#8220;The employer terminated Mr. Doncaster&#8217;s employment because of his activity in support of the union,&#8221; effectively ending the union drive, board vice-chair Gwen Gray\u00a0said in a 37-page decision.<\/p>\n<p>Gray issued a remedial certification, which is awarded to employees if it&#8217;s believed an employer disrupted efforts to organize a union.<\/p>\n<p>Normally, 65 per cent of employees must sign union cards or vote in a membership drive before a union can be certified.<\/p>\n<p>The ruling is a breakthrough in Alberta, Hesse said.<\/p>\n<p>&#8220;Because Alberta has been a conservative jurisdiction for so many years, with labour laws that were very much behind the times, it is novel in that sense,&#8221; he said.<\/p>\n<p>The board was awarded the authority to issue certifications last year as part of sweeping changes to labour relations under the Fair and Family-Friendly Workplaces Act.<\/p>\n<h2>&#8216;Relatively hollow&#8217;<\/h2>\n<p>It&#8217;s a power the board lost\u00a0in 1988.<\/p>\n<p>Until\u00a0last year, if a union organizer lost his or her\u00a0job, the board could reinstate them and grant the union limited access to the worksite, but nothing more.<\/p>\n<p>&#8220;[It] would have been relatively hollow and not sufficient to send a message to employers they shouldn&#8217;t be doing this,\u00a0and not sufficient to remedy the harm done,&#8221; Hesse said.<\/p>\n<figure><img decoding=\"async\" class=\"i-amphtml-fill-content i-amphtml-replaced-content\" src=\"https:\/\/i.cbc.ca\/1.4745245.1531444745!\/fileImage\/httpImage\/image.jpg_gen\/derivatives\/original_620\/gil-mcgowan-president-of-the-alberta-federation-of-labour.jpg\" alt=\"Gil McGowan, president of the Alberta Federation of Labour\" \/><figcaption>Gil McGowan, Alberta Federation of Labour president, says until now employers faced no consequences for intimidating employees for unionizing. (Twitter)<\/figcaption><\/figure>\n<p>Gil McGowan, president of the Alberta Federation of Labour, said even casual observers acknowledge the old labour relations framework in Alberta was designed to &#8220;actively discourage Alberta working people from exercising their right to join a union.&#8221;<\/p>\n<p>Prior to the ruling, there were no meaningful consequences for employers who engaged in intimidation tactics, McGowan said.<\/p>\n<p>&#8220;They actually fired people, they made all sorts of threats,&#8221; he said. &#8220;Employers were found guilty multiple times for these kinds of practices but they never faced any consequences.&#8221;\u00a0<\/p>\n<p>Doncaster got his job back and was awarded back pay.<\/p>\n<p>In a statement, hotel general manager Robert D&#8217;Orazio said while the company disagrees with the decision, &#8220;we intend to fully comply with its directives and to co-operate in their implementations, subject to applicable laws.&#8221;<\/p>\n<p>D&#8217;Orazio said\u00a0negotiations are underway with the new union, and the company looks forward to negotiating the first collective agreement.<\/p>\n<div class=\"callout callout_full\">\n<h2>Union numbers\u00a0rise sharply after changes<\/h2>\n<p>Changes to the Alberta Labour Relations Code have resulted in the highest number of new union certifications in Alberta over one year in a decade.<br \/>\nThe changes grant automatic certification of a union without a secret-ballot membership vote, if it&#8217;s determined the union has at least 65-per-cent support of the members.<br \/>\nLabour groups complained the secret vote was a process stacked in favour of the employer.<br \/>\nBy the end of March 2018, 104 unions were certified compared to a decade low of 40 certifications the previous year.<br \/>\nAccording to the labour board, most\u00a0of the new unions are in the construction industry and health-care services such as private long-term care facilities.<\/p>\n<\/div>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Kim Trynacity &#8211; CBC News, July 14, 2018. For the first time since it was awarded new powers, the Alberta<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","footnotes":""},"categories":[11],"tags":[],"class_list":["post-1485","post","type-post","status-publish","format-standard","hentry","category-political-action"],"_links":{"self":[{"href":"https:\/\/iamaw103.ca\/index.php?rest_route=\/wp\/v2\/posts\/1485","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/iamaw103.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/iamaw103.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/iamaw103.ca\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/iamaw103.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1485"}],"version-history":[{"count":4,"href":"https:\/\/iamaw103.ca\/index.php?rest_route=\/wp\/v2\/posts\/1485\/revisions"}],"predecessor-version":[{"id":1490,"href":"https:\/\/iamaw103.ca\/index.php?rest_route=\/wp\/v2\/posts\/1485\/revisions\/1490"}],"wp:attachment":[{"href":"https:\/\/iamaw103.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1485"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/iamaw103.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1485"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/iamaw103.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1485"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}