Your legal right to join the CAW

Saskatchewan Trade Union Act

Rights of Employees

The Act provides that, "employees have the right to organize in and to form, join or assist trade unions and to bargain collectively
through a trade union of their own choosing..."

Unfair Labour Practices

The Act describes key provisions guaranteeing your right to join a trade union. It reads as follows:

It shall be an unfair labour practice for an employer, employer's agent or any other person acting on behalf of the employer,

a)     in any manner, including by communication, to interfere with, restrain, intimidate, threaten or coerce an employee in the
exercise of any right conferred by this Act.

b)    to discriminate or interfere with the formation or administration of any labour organization...

c)    to fail or refuse to bargain collectively with representatives elected or appointed, not necessarily being the employees of the
employer, by a trade union representing the majority of the employees in an appropriate unit;

d)    to refuse to permit a duly authorized representative of a trade union with which he has entered into a collective bargaining
agreement or that represents the majority of negotiate with him during working hours for the settlements of
disputes and grievances of employees covered by the agreement...or to make deductions from the wages of any such duly
authorized representative of a trade union in respect of the time actually spent in negotiating for the settlement of such disputes
and grievances;

e)    to discriminate in regard to hiring or tenure of employment or any term or condition of employment or to use coercion or
intimidation of any kind, including discharge or suspension or threat of discharge or suspension of an employee, with a view to
encouraging or discouraging membership in or activity in or for or selection of a labour organization...

f)    to require as a condition of employment that any person shall abstain from joining or assisting or being active in any trade

g)    to interfere in the selection of a trade union as a representative of employees for the purpose of bargaining collectively;

h)    to maintain a system of industrial espionage or to employ or direct any person to spy upon a member or proceedings of a
labour organization or the offices thereof...

i)    to threaten to shut down or to threaten to move a plant, business or enterprise or any part of a plant, business or enterprise in
the course of a labour management dispute.

l)    to deny or threaten to deny to any employee:

ii)    by reason of the employee exercising any right conferred by this Act;

Any pension rights or benefits, health rights or benefits or medical rights or benefits that the employee enjoyed prior to such
cessation of work or to his exercising any such right;

n)    where one or more employees are permitted or required to live in premises supplied by, or by arrangement with, the employer,
to refuse, deny, restrict or limit the right of the employee or employees to allow access to the premises by members of any trade
union representing or seeking to represent such employee or employees or any of them for the purpose of collective bargaining.

Alteration of Rights During Collective Bargaining

In the Act, it is considered an unfair labour practice to alter working conditions pending negotiations.

Where no collective bargaining agreement is in force, to unilaterally change rates of pay, hours of work or other conditions of
employment of employees in an appropriate unit without bargaining collectively respecting the change with the trade union
representing the majority of employees in the appropriate unit.

Obligation to Bargain

The employer is obligated to bargain under the Trade Union Act as it states, "where a notice is given pursuant to the Act, the
parties shall immediately bargain collectively with a view to the renewal or revision of the agreement or the conclusion of a new

Your Decision is Confidential

The Act also ensures that your decision to join a union remains confidential when it states that information obtained by board
members for the purpose of this Act, "shall not be open to inspection by any person or by any court..."

This bulletin outlines some of your rights under the Saskatchewan Trade Union Act. If your employer violates any of your rights then
don't hesitate to
call the CAW at 1-800-665-7492 or (204) 489-0355.

Source:  CAW Organizing Department