FAQ – Who has the right to form a union?

In Canada, it is the constitutional right of all employees to join a union.  The right to belong to a union is protected by the Canadian Charter of Rights and Freedoms (s. 2(d)), under the freedom of association and includes the right to meaningful collective bargaining.

According to the Labour Relations Act (s. 5(1)), every employee has the right to be a member of a union, participate in the activities of a union, and participate in the organization of a union.

It is important to note – according to the Labour Relations Act (s. 1) – that a person who is employed that performs management functions primarily or is employed in a confidential capacity in matters relating to labour relations would not be included in a unit for collective bargaining purposes as it would make it unfair to that person, the employer or a union.

Employers are not allowed to participate in or interfere with the formation, selection, administration, or representation of a union (Labour Relations Act, s. 6(1)).  If they do, they commit an unfair labour practice.