Workers can form union at Amazon warehouse in Laval, Que., a first in Canada

Quebec's labour tribunal has given union accredita‐ tion to workers at an Ama‐ zon warehouse in Laval, Que., a first in Canada.

Workers at the DXT4 warehouse, located in Laval, a suburb north of Montreal, had been working toward unionizing with the Con‐ fédération des syndicats na‐ tionaux (CSN) for two years.

The CSN filed an applica‐ tion with Quebec's Adminis‐ trative Labour Tribunal on April 19 to represent some 200 employees. The decision came down Friday.

Caroline Senneville, the CSN's president, said employ‐ ees were dissatisfied with what they described as a hec‐ tic work pace, low wages, and inadequate health and safety measures.

She called the move "an important first step."

"These are people who re‐ ally need to improve their working conditions. Amazon is a multinational company … there are ways to make sure those who work for it aren't jeopardizing their health, that their labour isn't considered disposable," said Senneville.

"It's a model that exploits vulnerable workers since many of them are immi‐ grants."

Amazon has previously stated that the company does not require employees to meet fixed productivity targets. It has also said it provides safe and inclusive workplaces, competitive pay, health benefits and opportu‐ nities for career growth.

The majority of the work‐ ers at the Laval warehouse signed union cards, which ce‐ mented the union's accredi‐ tation.

According to Quebec law, the labour tribunal must cer‐ tify a union even if the em‐ ployer refuses to agree to part of the bargaining unit if a majority of workers want to be unionized.

According to the tribunal ruling, Amazon had re‐ quested one group of em‐ ployees not be excluded from the accreditation. Sen‐ neville said the employees were largely supervisors who had not signed union cards.

In the end, because the majority voted in favour of a union, about 10 more em‐ ployees than the union ex‐ pected can be represented by the CSN, said Senneville.

Amazon contesting labour law

Before the labour tri‐ bunal's decision was even rendered, Amazon said it would contest any decision approving the union. A hear‐ ing has been set for June 10.

In a letter sent to the labour tribunal on May 6, Amazon said it could not back the accreditation be‐ cause it "does not respect the interests of its employees." It claimed that some employ‐ ees were misled to sign union cards.

The company also claimed some sections of Quebec's labour code go against the Canadian Charter of Rights and Freedoms by using membership cards in‐ stead of a secret ballot vote.

"We believe that all peo‐ ple should have the right to inform themselves and to vote according to their situa‐ tion and convictions at the time," said Barbara M. Agrait, an Amazon spokesperson, in a statement to CBC.

"If a simple majority of people at an employer have joined a union at any point, then there's no vote and rep‐ resentation is automatic for all employees - including maybe dozens or hundreds of employees who didn't even know it was being con‐ sidered."

Amazon is not the first company to argue that em‐ ployees should undergo a voting process to unionize in‐ stead of using member cards, which is typically an in‐ timidation tactic, said Sen‐ neville of the CSN.

"The labour board has said over and over again that the procedure we have is perfectly legal … What the courts have usually said is, well, it's not for you to con‐ test, it's for the union," she said.

The right to unionize and the right to associate with fel‐ low workers is enshrined in both the Canadian Charter of Rights and Freedoms and the Universal Declaration of Hu‐ man Rights.

"You're trying to say the right to associate is not pro‐ tected since there are no votes. But what you're trying to do is have a vote so you can put pressure on your em‐ ployees so they don't union‐ ize," said Senneville.

The CSN can now take the next step in the process, with appointing a president and draft bylaws in preparation to negotiate a collective agreement regardless of Amazon's decision to contest the decision. Senneville said the CSN is ready for a legal battle.

In June 2022, the CSN filed a complaint with the labour board against a different Amazon warehouse in Mon‐ treal's Lachine borough after posters it said were meant to discourage people from sign‐ ing union cards went up. The CSN sent CBC News photos of similar posters at the DXT4 warehouse.

Agrait said Amazon em‐ ployees have the right to choose to join a union or not to do so.

"They always have. As a company, we don't think unions are the best option for our employees," he said. 'Pretty limited'

Barry Eidlin, an associate professor of sociology at McGill University with a focus on labour policy, said work‐ ers likely won't see major im‐ provements in their working conditions any time soon.

"This is one fulfillment centre in a large international network of a global company, so it's going to take a lot more than one warehouse unionizing to actually make a difference in the wages and working conditions at Ama‐ zon," he said.

"And we can expect Ama‐ zon to fight every step of the way."

For example, Amazon could shut down the union‐ ized warehouse or lay off card-carrying members en masse to dilute the majority in favour. Senneville said new employees will be asked to sign union cards as soon as they're hired to prevent this.

However, Eidlin said "this is a promising start" and he hopes it will trigger a ripple effect and have other ware‐ houses follow suit.

"What they can realistical‐ ly expect to win in an agreement is pretty limited unless we see an expansion of organizing to many more warehouses. That will be the challenge," said Eidlin.

Eidlin says it will take a union contract to raise work‐ ing standards and wages, which "will take many more warehouses organizing."

"That's the kind of lever‐ age you need," he said.