Employer Resistance to Union Certification

Abstract

Summary This study investigates the prevalence and impacts of employer resistance to union certification applications in eight Canadian jurisdictions. Employer resistance was found to be the norm, with 80 percent of employers overtly and actively opposing union certification applications. Analysis demonstrated that, depending on its form, employer opposition to union certification can impact upon both initial certification outcomes and on the probability the parties will establish and sustain a collective bargaining relationship. Furthermore, the study demonstrates that focusing only on the probability of certification success seriously underestimates the impact of employer opposition.

From Person-Days Lost to Labour Militancy

“…A labour militancy lens also highlights continuing employer resistance to union recognition. Bentham (2002) investigated the prevalence of employer resistance to union certification applications in eight Canadian jurisdictions and found that employer resistance was "the norm with 80 percent of employers overtly and actively opposing union certification applications" (159). She concluded that such opposition impacts on the probability of the parties establishing and sustaining a collective bargaining relationship.…”

Declining union density in Canada: reasons and strategies for renewal

“…Sheer anti-union sentiment can be detrimental or affect willingness to unionize, but outright opposition can have even greater effects. Bentham (2002) looked at the impact of employer' s resistance to unionization in eight Canadian jurisdictions, finding that employer resistance accounted for 80% opposition. Bentham (2002) assessed research on the United States where nearl y every study found a negative link between employer opposition to unionization, union growth, and employee decisions to unionize.…”

“…In fact, Bentham (2002) argues that employer resistance to unions has increased and public policy has not gone far enough to protect employees from the impact of such sentiments, this is noted as one of the primary contributors to the decline of organized labour in the United States. Bentham uses two measures, the percentage of employees voting in favour of the union, and the percentage of union election wins.…”

“…Using previous studies, Bentham (2002) outlines three main resistance variables: actions that prevent or limit a union's ability to communicate with employees or with employees ' ability to communicate amongst themselves, employer directed communication regarding the union certification application, and the tightening of work rules or monitoring of employees. Six "dummy variables" were added: administrative challenges and delays such as postponements, objections or appeals of board decisions, objection(s) to the bargaining unit that were granted, objection(s) to the bargaining unit that were denied or partially denied, training managers to deal with an organizing drive, hiring a lawyer or consultant, and whether unfair labour practice charge(s) were filed against the employer.…”

“…Six "dummy variables" were added: administrative challenges and delays such as postponements, objections or appeals of board decisions, objection(s) to the bargaining unit that were granted, objection(s) to the bargaining unit that were denied or partially denied, training managers to deal with an organizing drive, hiring a lawyer or consultant, and whether unfair labour practice charge(s) were filed against the employer. This opposition can take many forms , but Bentham (2002) finds that United States employers engage in tactics quite different from Canada. She suggests that employers in the United States engage in more obvious and direct resistance.…”