Evolution of nonunion employee representation in Canada

Canadians have greater latitude in operating nonunion plans without fear of unfair labor practice challenges, while Americans are constrained by the National Labor Relations Act. The reasons for Canada’s divergence from the U.S. approach are described. The details of Canadian statutes pertaining to nonunion representation are discussed. The article then explores the nonunion terrain that developed in Canada in the face of the continued legality of nonunion representation. The fates of a number of historically significant nonunion plans are presented. New data from a 1996 survey by Lipset and Meltz indicate that despite significant public policy differences, penetration of nonunion forms is remarkably similar in the two countries.