You have the legal right to join a union.
Your choice is protected.
You cannot be fired for signing a union card.
The Ontario Labour Relations Act governs labour relations between employers and unions in provincially regulated workplaces in Ontario, including all rights and responsibilities in regards to all matters relating to union organizing and to collective bargaining.
Workers, unions and employers have different rights and responsibilities established in the legislation.
The Ontario Labour Relations Act gives you the full power of Ontario’s legal system when you decide to join a union.
Your rights
You have the legal right to join a union and sign your membership card in person or online.
You have the right to talk about unions at work.
You are allowed to sign your card at work during your breaks or meals.
You have the right to participate in lawful union activities.
Your membership card is confidential. The University or your PI will not know whether you have signed a card or not.
Your ballot is secret during a representation vote.
Once the union is certified and you are covered by a collective agreement, you have the right to be represented by the union. That’s what we call the duty of fair representation. The union cannot act in any manner that would be discriminatory, in bad faith or arbitrary.
Your employer
Cannot ask whether you have signed a membership card or not, if your support the union or who is involved with the organizing drive.
Is prohibited from interfering with the selection, formation or administration of the union.
Is prohibited from interfering with your rights.
Cannot terminate or discriminate against you for engaging in lawful union activities or for seeking to become a member of the union.
Cannot make threats or promises in relation to the organizing drive and to influence your decision.
Once the union has applied for certification the employer cannot unilaterally modify your terms and conditions of employment unless they are normal and consistent with past practices. This is what is called the statutory freeze and it’s to prohibit the employer from making changes because of the arrival of the union. It ensures that collective bargaining builds upon your terms and conditions at the time of the application for certification.
You also have the full power of the PSAC to support the organizing efforts and uphold your rights.
Any breach of the Act may constitute an unfair labour practice. The union will take immediate action.
If you are unsure about your rights or feel unsafe about a situation do not hesitate to contact the union.
The fight to uphold workers rights
On November 3, 2022, the Ontario government quickly passed Bill 28, an anti-worker legislation short-circuiting the constitutional right to fair collective bargaining which is a fundamental freedom, protected by the Canadian Charter of Rights and Freedoms.
Canada’s labour movement came together to protest and support CUPE education workers.
On November 7, 2022, it was announced that Bill 28 would be repealed.