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Unions face uphill battle organizing Amazon warehouses in Canada: experts

Organizers accuse company of using union-busting tactics to prevent action
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An Amazon fulfillment centre is pictured in Delta, B.C., on May 31. THE CANADIAN PRESS/Ethan Cairns

Unions trying to organize at Amazon workplaces across Canada are facing a series of hurdles, including legal challenges and alleged anti-union tactics from the e-commerce giant.

Labour laws in Canada are generally stronger than those south of the border, where unions also face an uphill battle, experts say.

But Adam King, an assistant professor in the labour studies department at the University of Manitoba, says that isn含羞草研究社檛 enough to guarantee successful unionization efforts here.

含羞草研究社淲hen you have an employer who含羞草研究社檚 as committed to remaining union-free as Amazon is, even those relatively better labour laws are not sufficient.含羞草研究社

Amazon has challenged multiple steps of the certification process at several warehouses in Canada. It has been accused by unions of employing tactics to prevent workers from organizing, such as workplace messages and hiring sprees, which the company denies.

含羞草研究社淥ur employees have the right to choose to join a union or not to do so. They always have,含羞草研究社 Amazon spokeswoman Barbara Agrait said in a statement, responding to characterizations of Amazon as anti-union.

She added that Amazon doesn含羞草研究社檛 think unions are the best option for its employees.

含羞草研究社淲e favour opportunities for each person to be respected and valued as an individual, and to have their unique voice heard by working directly with our team,含羞草研究社 Agrait said.

In Canada, just one Amazon warehouse is unionized 含羞草研究社 a location in Laval, Que., certified in May with the Conf茅d茅ration des syndicats nationaux (CSN).

The limited progress in Canada comes after a historic unionization in the U.S. in 2022, when workers in the New York borough of Staten Island certified with the Amazon Labor Union. Amazon含羞草研究社檚 challenge of the unionization was rejected last week by the National Labor Relations Board.

That location is the only unionized Amazon warehouse in the U.S., and it doesn含羞草研究社檛 have a contract yet.

Experts say Canada含羞草研究社檚 labour laws prevent similar delays from happening here since most jurisdictions have what含羞草研究社檚 known as first-contract arbitration, where parties can request arbitration for a first collective agreement.

Because of first-contract arbitration, in the Laval case Amazon is 含羞草研究社渂asically facing a choice of negotiating an agreement or having one imposed on them,含羞草研究社 said Barry Eidlin, an associate professor of sociology at McGill University.

Negotiations for a first contract at the Laval warehouse are underway, but Amazon has challenged the unionization, arguing the process violated workers含羞草研究社 freedom of association because a secret vote was not held.

In Quebec and British Columbia, workers can be automatically certified without a vote if a certain proportion of the workforce signs union cards, a law known as card-check certification. The Laval warehouse was certified through this process.

含羞草研究社淭he Quebec labour laws 含羞草研究社 make a real difference,含羞草研究社 said Caroline Senneville, president of the CSN. She said card-check certification is one of several provisions that help strengthen a union含羞草研究社檚 position leading up to certification and during the bargaining process.

Eidlin called Amazon含羞草研究社檚 challenge of the Laval union certification 含羞草研究社渕ind-blowing.含羞草研究社

含羞草研究社淭hey含羞草研究社檙e basically saying that they know Canadian labour law better than the Canadian Supreme Court,含羞草研究社 he said.

The Laval location isn含羞草研究社檛 the only one where the CSN is working to represent Amazon employees.

At a warehouse in the Montreal borough of Lachine, the province含羞草研究社檚 labour tribunal recently ordered Amazon to cease interfering in union affairs and pay the union $30,000, ruling it communicated anti-union messages to workers, though the tribunal also rejected a claim that the company had threatened and intimidated employees.

In the decision, the judge said many of the workers are immigrants with precarious status who may be unsure of labour laws, making them potentially susceptible to misunderstanding certain messages from their employer about unionization.

Agrait said Amazon strongly disagrees with 含羞草研究社渢he limited finding that our factual communications with employees about the process were somehow improper,含羞草研究社 and said the company is challenging that part of the decision.

含羞草研究社淲e believe it含羞草研究社檚 important to share facts and information with employees so they can make free and educated decisions about representation,含羞草研究社 she said.

The judge含羞草研究社檚 characterization of the Amazon workforce is accurate, said Mostafa Henaway, an organizer with the Immigrant Workers Centre in Montreal who researches Amazon workers at Concordia University and who previously wrote about his own experience working at the Laval warehouse.

Workers may be wary of unions because they don含羞草研究社檛 want to 含羞草研究社渞ock the boat,含羞草研究社 he said.

含羞草研究社楻unning out of options含羞草研究社

On the other side of the country, another union is embroiled in an unfair labour practice complaint against Amazon.

Unifor applied to certify an Amazon warehouse in Delta, B.C., and a confidential vote was held at the end of May.

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The results of that vote are sealed due to Unifor含羞草研究社檚 complaint, which alleges Amazon ramped up hiring to try to dilute union support.

The union also alleges Amazon engaged in anti-union efforts similar to those addressed by Quebec含羞草研究社檚 labour tribunal, in particular anti-union messaging.

The company has denied the allegations.

Justin Gniposky, Unifor含羞草研究社檚 director of organizing, said Amazon initially sought to prevent the vote from going ahead, unsuccessfully.

The company then asked for the current complaint to be dismissed, also unsuccessfully, he said. 含羞草研究社淭hey含羞草研究社檙e running out of options on this.含羞草研究社

Amazon含羞草研究社檚 Agrait said the company believes the decision to call a vote at the Delta warehouse 含羞草研究社渦ndermines the rights of the majority of our employees in Vancouver who chose not to sign cards.含羞草研究社

The alleged anti-union tactics described by Unifor and CSN are 含羞草研究社渟traight out of the Amazon playbook,含羞草研究社 said Eidlin.

含羞草研究社淲e含羞草研究社檝e known for years that this is a viciously anti-union company, and they basically are going to try every trick in the book.含羞草研究社

First contract could be 含羞草研究社榣itmus test含羞草研究社

Achieving a contract in Laval would show workers at other warehouses that 含羞草研究社渋t can be done,含羞草研究社 Senneville said, adding the main bargaining priorities are health and safety and pay.

Amazon offers competitive pay and benefits, Agrait says, and it provides comprehensive health and safety training and resources.

Experts say getting a first contract at the Laval warehouse could be a breakthrough for organizing efforts across the country.

含羞草研究社淨uebec is going to be really a litmus test,含羞草研究社 said Henaway, adding he含羞草研究社檚 hopeful Amazon will be pressured into negotiating.

But King believes unions will need to work together in order to have success on a wider scale.

含羞草研究社淭o really bring Amazon to the table might require a level of co-ordination that unions in North America are not necessarily accustomed to,含羞草研究社 he said.

含羞草研究社 With files from The Associated Press

Rosa Saba, The Canadian Press

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