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Canadian Speech Tour 2007
The European Experience
 Unlike Canada, unionized European workers
cannot be forced to obtain and maintain
union Membership in order to get or keep
a job. Free employee choice is a human right.
In 2007 the European Court of Human Rights
has now ruled that unions cannot take dues
for political and other purposes not related
to workplace needs from unionized employees
who are not also union “Members”.
This Evaldsson ruling builds on prior Court
decisions Sørensen and Rasmussen (2006),
Sigurjónsson (1993) and Young (1981) that
have made forced union Membership and
conditional employment illegal throughout
the 27 countries of the European Union as
well as the larger Council of Europe's 47
countries.
Jan Södergren is a Swedish human rights
lawyer who represented the five unionized
construction employees in the Evaldsson case.
A graduate of the University of Stockholm,
he is now a well-known speaker and the author
of numerous legal articles related to
constitutional and human rights cases.
His excellent work in many high-profile
cases has advanced the rights of employees
and citizens throughout the European Union.
Canada is one of the last countries
recognizing unions and collective bargaining
to still allow government legislation and
collective agreements to require unionized
employees to be Members of a union as a
condition of employment. In some provinces
the rights of construction employees are
even more abrogated. Given worldwide trends
to ensure that union Membership and dues
are a free choice, is it time for change
in Canada?
Forced Membership means union “Members”
are subject to union discipline putting
them at a clear power imbalance with their
union. Canadian workers have seen unions
successfully force their employers to
terminate them for loss of Membership.
Some provinces do have some statutory
limits on termination of employment for
loss of membership. Most allow termination
if dues are not paid, which is illegal in
the Council of Europe nations.
In most major economies, such practices
are either illegal (a violation of employee
human rights) or banned by legislation.
Increasingly, so is the use of union dues
for political or other purposes not related
to the workplace needs of unionized employees
who are not union Members.
This fall, the Canadian LabourWatch Association
has the privilege of bringing Mr. Södergren to
Canada and the USA for a speaking tour.
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