Communication between Employers and Employees during Collective Bargaining

During collective bargaining, the employer must take into consideration certain factors in its communication with its employees. These factors include the interaction between freedom of association and freedom of expression, and the terms and conditions to respect during such communications. We will address practical examples as well as the consequences of an employer's interference in the collective bargaining process, and will provide you with practical advice.

Freedom of Association¹ vs. Freedom of Expression

When bargaining with a union, the employer is often tempted to address its employees directly to emphasize certain elements. To protect the principles that freedom of association entails, however, the Labour Code prohibits the employer from hindering, dominating, or financing the formation or the activities of an association of employees, or to participate therein.