Can a collective employment contract negotiated with union members be applied to non union members?

Question

Recently, my Union negotiated a new collective employment contract with my employer for all union members employed on site. The contract provides for a pay increase. However, after the contract was negotiated, my employer offered non-union members the same pay increase. As a union member, I believe that it is unfair that we have paid for the negotiations and yet non-union members an receive the same benefits without any cost to them. Is there any way to prevent this from happening?

Answer

No, the Employment Contracts Act prohibits discrimination on the basis of union membership. This means that an employer is not permitted to offer union members better terms or conditions of employment, or fringe benefits, or opportunities for training, promotion, or transfer than non-union members.

Discrimination on the basis of union membership is also grounds for a personal grievance. This means that if an employer does not offer non-union members the same terms and conditions of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as union members, then the non-union members may sue the employer for any benefit (financial or otherwise) that they have not received.

Although this may seem unfair to union members who have paid their union fees, these anti-discrimination provisions offer protection to union members. Without these provisions, employers would be free to dissuade employees from belonging to the union by offering them benefits and incentives if they remain non-union members.

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