ABSTRACT

While the national labor law of the United States was designed to eradicate company unions and most forms of employer-promulgated employee representation plans, Canada took a different ap­ proach. Canadian labor laws across all jurisdic­ tions affirmed the primacy of bona fide unions but maintained a deliberate silence on the status of nonunion employee representation plans. There are few legal impediments that prevent Canadian employers from dealing with nonunion employ­ ees, and nonunion employees who would prefer to represent their own interests without unioniz­ ing may meet and deal with their employers on any topic salient to the employment relationship, including items such as wages and working con­ ditions that normally characterize union-management bargaining relations. As long as such be­ havior within Canadian workplaces does not thwart union organizing activities or interfere with collective bargaining at unionized locations, it is lawful. As a result, nonunion forms of employee representation constitute an important, though little known, part of the Canadian industrial rela­ tions landscape. Canadian companies practice many permutations of nonunion representation that would be considered unlawful in the United States.