Problem
John Samuels worked two days per week as an independent contractor in the human resources department of the Colpoy's Bay News. Samuels's duties included safety and WHMIS training, and other HR tasks. Employees at the newspaper are represented by the Communications, Energy and Paperworkers Union of Canada. During a strike at the newspaper, Samuels crossed the union picket line and continued his non-bargaining unit work in the HR department. After the strike, Samuels was hired for a part-time position in the promotions department of the newspaper. The position was in the bargaining unit.
The collective agreement between the union and the employer provides that all employees in the bargaining unit must become union members. The agreement also provides that the union will admit all employees to membership subject to the provisions of the union's constitution. Samuels applied for union membership. Later he was advised that an objection had been made to his membership application, based on his crossing the picket line during a strike. The union constitution prohibited union members from crossing a picket line. Samuels was advised that he could attend a meeting of the union's executive board at a specified time, when the issue of his application for membership and the allegation that he had crossed the picket line would be dealt with. Samuels was provided with a copy of the union's constitution and bylaws. He was advised that he would be given an opportunity to be heard and to call witnesses, and could be asked questions.
At the meeting, Samuels made a submission and acknowledged crossing the picket line to do non-bargaining unit work. He stated that if he had not done so, his contract would have been terminated. It was noted that Samuels would be holding two positions, one in the bargaining unit and the other outside of the bargaining unit, and he was asked whether he would cross a picket line in the future. He responded that he might cross a picket line to report for his work in the HR department. Subsequently, Samuels was notified that the executive board had decided against granting him union membership and he could appeal this decision to a local council.
At the local council meeting, Samuels was asked again if he would cross a picket line in the future, in light of the fact that he would be holding two positions. Samuels replied that he would have to consider the situation at the time, and if he had to cross the line he would resign his union membership. He was later told that his membership application had been dismissed because of his position regarding the crossing of a picket line. Samuels was advised that he could present his case at an appeals committee at the annual congress of the local. The appeals committee consisted of individuals in the local who had no previous involvement in Samuels's application.
Prior to the appeals committee hearing, Samuels and the committee members were given an information sheet that referred to previous cases in which individuals had been denied union membership and the outcome of their appeals. One case involved an employee (Sneling) who was transferred from the United States to the Hope Bay Herald during a strike. Subsequently, Sneling had been hired by the News as a sports editor, and his application for union membership was rejected because he had crossed the picket line at the Herald. At his appeal, Sneling said he was ordered to cross the picket line at the Hope Bay Herald, and if he had refused to do so he would have been terminated. He also made an unconditional commitment at the appeal hearing that he would not cross a picket line in the future.
The members of the appeals committee were advised that they were to treat the proceedings as a new application for membership. Samuels was given an opportunity to speak to the committee. When he was asked if he would cross a picket line in the future, he responded that he might be forced to resign his union membership and cross a picket line. The appeals committee denied Samuel's application for membership.
Task
A. What is your assessment of the fairness of the union procedure?
B. If you were on the appeals committee, what would your decision have been?
C. In some jurisdictions, labour relations legislation provides that a union cannot expel a member or suspend membership for any reason other than the failure to pay union dues. Are you in favour of such a provision?
Role Play and Bargaining - Cases.