Rand formula

In Canadian labour law, the Rand formula (also referred to as "automatic check-off") is a workplace situation where the payment of trade union dues is mandatory regardless of the worker's union status. This formula is designed to ensure that no employee will opt out of the union simply to avoid dues yet reap the benefits of the union's accomplishments (such as ensuring higher wages, better job security or other benefits). Supreme Court of Canada Justice Ivan Rand, the eponym of this law, introduced this formula in 1946 as an arbitration decision ending the Ford Strike of 1945 in Windsor, Ontario. The Canada Labour Code and the labour relations laws of a majority of provinces contain provisions requiring the Rand formula when certain conditions are met. In those provinces where the labour relations laws do not make the Rand formula mandatory, the automatic check-off of union dues may become part of the collective bargaining agreement if both parties (i.e., the employer and the trade union) agree. If there are religious objections to paying dues the dues may be donated to a mutually agreed upon charity per Canada Labour Code Section 70. (1)

(Quoting Canada Labour Code Part I Section 70)

"Compulsory Check-OffUnion dues to be deducted

70. (1) Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union forthwith.

Religious objections

(2) Where the Board is satisfied that an employee, because of their religious conviction or beliefs, objects to joining a trade union or to paying regular union dues to a trade union, the Board may order that the provision in a collective agreement requiring, as a condition of employment, membership in a trade union or requiring the payment of regular union dues to a trade union does not apply to that employee so long as an amount equal to the amount of the regular union dues is paid by the employee, either directly or by way of deduction from their wages, to a registered charity mutually agreed on by the employee and the trade union. Designation by Board

(3) Where an employee and the trade union are unable to agree on a registered charity for the purposes of subsection (2), the Board may designate any such charity as the charity to which payment should be made. "

Freedom of association issue

It has been argued that the Rand formula forces a person to join an association, thus violating his/her freedom of association. The Supreme Court of Canada determined that the Rand formula was indeed a violation of a person's freedom of association if the union does not use the fees it collects for the collective negotiation process (example : donations to a union in another country). This violation has although been, so far, determined as being justified under section 1 of the Canadian Charter of Rights and Freedoms [ [http://csc.lexum.umontreal.ca/en/1991/1991rcs2-211/1991rcs2-211.html Lavigne v. Ontario Public Service Employees Union, 1991, 2 S.C.R. 211] ] .

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