Labour relations: Farm and ranch
Labour relations coverage was extended to agriculture workers following broad consultation with the industry.
Labour relations sets out the standards for relationships between employers and employees in unionized workplaces. This includes:
- joining a union
- collective bargaining
- rights of employers and employees
- prohibited practices
- various mechanisms in place to assist parties and settle disputes
Alberta was the only jurisdiction in Canada where farm and ranch employees did not have any form of labour relations coverage. The Supreme Court of Canada ruled that all workers must have the right to form unions, bargain collectively and take legal job action. Excluding farm and ranch workers from Alberta’s Labour Relations Code was unconstitutional.
In order to comply with the Supreme Court ruling:
- changes Alberta’s Labour Relations Code came into effect on Jan. 1, 2018
- Public Emergency Tribunals for the agriculture industry came into effect on June 7, 2017
Farmers and ranchers were consulted through technical working groups to provide direction.
Labour relations provisions for agricultural workers are meant to capture traditional employer/employee relationships.
- Owners, managers and volunteers are not normally considered to be employees so they cannot form a union.
- Only waged, non-family workers can unionize and bargain collectively.
Under these rules, it is not mandatory for waged, non-family employees to join or form a union. The changes only ensure waged, non-family farm and ranch workers have the same Charter-protected rights as the rest of Canada’s workforce to join or form a union, if they so choose.
Changes as of Jan. 1, 2018
Waged, non-family employees
In order to comply with the Supreme Court of Canada ruling, waged, non-family employees will have the right to unionize and set up bargaining units with their employers.
Each bargaining unit must be comprised of employees working for one employer only.
Bargaining / dispute resolution
Eligible employees who form bargaining units within existing union organizations, or who form their own unions, can bargain with their employers.
Services are available to aid organizations with their process, including mediators and arbitrators to assist employers and unions in resolving disputes. Strikes and lockouts are allowed.
Public Emergency Tribunals can be put in place if a potential labour dispute threatens crops or livestock.
Unionization in the agricultural sector
Unionization is allowed in all other provinces, except Ontario. In Ontario, agriculture workers are covered by the Agricultural Employees Protection Act for labour.
Historically, unionization in the agricultural sector in Canada is low – 2.6% in 2016. The rate of unionization for all industries in Canada was 28.4% in 2016.
There have been no recorded strikes or lockouts in the agriculture sector in other provinces.
For information on farm and ranch legislation:
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