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Digest of Benefit Entitlement Principles - CHapter 6


CHAPTER 6

VOLUNTARILY LEAVING EMPLOYMENT

6.3.13    Discrimination with Regard to Employment because of Membership in a Union

A person has the right to become a member or join or refuse to join a particular association or union of workers. This right should not be infringed by the employer or the union. The person has just cause for voluntarily leaving if he or she is in a situation where he or she would lose this right1.

Once a person has joined such an association or union, he or she also has the right to observe the lawful rules of the association or union2. This right does not provide any protection against restrictions often imposed by unions on their own members; rather, it protects one's lawful union activities against restrictions imposed by the employer or any union of which the individual is not a member.

A person does not have just cause for leaving employment simply because his or her own union or a local of that union orders him or her to leave or face a fine or expulsion. The situation is different if, because of his or her membership in such an association or union or involvement in lawful union activities, a person is discriminated against with regard to employment or is treated improperly by the employer3. The person must, however, first use the available reasonable alternatives.

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  1. EIA 35;
  2. EIA 35(b);
  3. EIA 29(c)(xii); EIA 29(b).
Summary
Discrimination with Regard to Employment because of Membership in a Union
Reasonable Alternatives:
  • contact the union; 
  • use the provisions in the collective agreement; 
  • consider taking recourse under labour rights legislation; 
Just Cause:
  • indications that the employer is using tactics that violate the free exercise of lawful union activities; 
  • does not include pressure, such as the threat of fines or expulsion, applied by his or her own union rather than the employer; 
  • no recourse or remedies exhausted.