Delta, B.C (Richa Walia): In a significant development for labour rights in Canada, the British Columbia Labour Relations Board has dismissed Amazon’s attempt to reverse a decision certifying a workers’ union at its Delta facility. The ruling, issued on Tuesday, upholds an earlier decision from July that found the company acted to undermine union efforts through targeted hiring practices.
The Labour Board panel supported the conclusion that Amazon deliberately expanded its workforce during the union’s membership drive to reduce the percentage of union supporters, a move the board deemed an intentional effort to obstruct certification.
Evidence submitted by Unifor, the union organizing the Delta warehouse, revealed what the board described as “a deliberate decision by the employer” to interfere with the unionization process. The panel wrote that artificially inflating employee numbers and then arguing the union lacked sufficient support constituted “manipulating the employee list to avoid certification.”
“This kind of conduct amounts to a clear interference in the formation of a union,” the panel stated, noting such tactics are classic examples of anti-union behavior historically recognized in labour law.
The board further emphasized that the nature of Amazon’s actions, namely, inflating headcounts specifically to weaken the union’s position, represented a “fundamental attack” on workers’ rights to organize and collectively bargain.
Despite the setback, Amazon is not backing down. Company spokesperson Eileen Hards said in a statement that the company disagrees with the decision, calling it “wrong on the facts and the law.” She added that Amazon intends to pursue further legal avenues and is assessing its next steps.
Amazon had argued that it was increasing staff for operational reasons and claimed that any internal communications during the unionization period were protected under its free-speech rights. However, the board rejected this argument, stating that the focus must be on the broader context of the company’s conduct.
Unifor National President Lana Payne welcomed the decision, calling it a clear warning to employers across British Columbia. “This ruling sends a strong message: employers cannot interfere with the fundamental rights of workers to organize. If they do, there will be consequences,” she said.
The ruling marks a milestone in the broader movement to unionize tech and logistics workers in Canada, and could set a precedent for future cases involving employer interference in organizing efforts.
