Employers have long faced the challenge of managing the conduct of union representatives who push the boundaries of acceptable workplace behavior. Three recent decisions from Ontario arbitrators and the Québec Administrative Labour Tribunal shed light on the delicate balance employers must strike between maintaining a harassment-free workplace and respecting union representation rights. These cases make clear that the correct approach varies depending on whether the union advocate is an employee-representative, such as a steward or chief steward, or an external business agent. And they offer guidance on how similar situations may be handled effectively and in compliance with applicable labour laws.

• An employer’s response to the overzealous union representative varies depending on whether the representative is an employee.
• While union speech enjoys considerable latitude, threats, intimidation, and persistent hostility that disrupt the workplace cross the line and lose protection.
• In the case of nonemployees, employers must avoid self-help remedies. They can file an employer grievance and seek interim relief from a neutral third party.

Overview of the Cases

The first case, involving Agropur Cooperative and Teamsters Local 647, centered on a chief steward’s termination of employment. While off duty but present at the workplace, he became embroiled in a heated parking-lot exchange with his manager after a colleague was fired. Sitting in his car with the dismissed employee,...

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