Information For People Working in a Unionized Environment in B.C.

Union members in B.C. are reporting an increase in antisemitic incidents since October 7th.

The information provided here is not intended to be nor does it constitute legal advice. Instead, this information is meant to help you navigate the situation you may find yourself in, and to know when you need to reach out for more assistance.

If you think you need confidential legal advice, contact the Antisemitism Legal Helpline: alh@accessprobono.ca.

If you need general assistance, please contact AICRT – the Antisemitism and Israel Crisis Response Team created by the Jewish Federation of Greater Vancouver. To reach AICRT, email aicrt@jewishvancouver.com. They will direct you to other community resources that may be available, including the Centre for Israel and Jewish Affairs (CIJA).

What should I do if I experience an antisemitic comment or antisemitic conduct in the workplace?

As a starting point, you will find it important to document everything you are experiencing, by taking copious notes, taking screenshots, and keeping files or emails that are sent to you. Keep a record of everything.    

• Start by documenting everything you are experiencing, including writing down what happened as soon as possible, keeping a timeline of events and taking screenshots. Also, take note of the names of anyone who witnessed the problematic comments or conduct.

• Your next steps will be dependent on who your employer is and what their workplace policies are.  If in doubt, start by speaking to your local union representative, such as your shop steward and/or your human resources department.

• Antisemitism is a form of harassment, and you have a right to make a harassment complaint, and for the complaint to be taken seriously and investigated.
   
  • Your employer is likely provincially regulated. However, if you work in certain sectors like banking or aeronautics, your employment is governed by federal law, not provincial law. 
     
  • Provincially-regulated employers are obligated to have a bullying and harassment policy and procedures, and to follow that policy when someone makes a complaint. It is important to review your employer’s harassment policy and procedures before making your written complaint.
     
  • Federally-regulated employers are mandated to accept harassment and discrimination complaints under a separate process, which can require an independent third-party investigation.

What if the antisemitic comment or conduct is by my superior?
 

• Speak with your shop steward or human resources department for advice on how to manage conduct from a superior. This may also be covered in your employer’s bullying and harassment policy and procedures.

What are my employer’s obligations once they receive my complaint?

• Employers must take all complaints seriously and most will have a team dedicated to inappropriate conduct or harassment in the workplace, typically within the human resources department.

• Depending on the nature of the complaint, employers should investigate complaints. This should include speaking with you and any other witnesses you have identified.

• You can ask for accommodation in the investigation process. This can include bringing a support person to your meetings, or asking for an investigator who has received specific training in antisemitism.

• If your employer makes a decision following your complaint, you are entitled to know the outcome of your complaint, as well as the steps taken to keep you safe. You may not be entitled to see the details of the investigation, or to know what has happened to the perpetrator.

• If an employer refuses to investigate your complaint, fails to follow its own policies, or fails to provide you with the minimum information required at the end of the complaint, you can make a complaint to WorkSafeBC: https://blhr.online.worksafebc.com/default.  

• You can also talk to your local union representative.

• If you are not getting the support you need from WorkSafeBC and/or your union, please send an email to aicrt@jewishvancouver.com.

What steps should I take if I am disciplined or terminated from my job because of my support for Israel?

• File a grievance with your local union in accordance with the provisions of your collective bargaining agreement.

• Contact your local union for information about the grievance process.

• You may be able to file a human rights complaint against your employer even if your union is not willing to assist you. If you would like confidential legal advice on possibly pursuing this further, contact the Antisemitism Legal Helpline: alh@accessprobono.ca.

• Remember that there is a one-year deadline from the date of discrimination to file a human rights complaint.

What should I do if my union refuses to support a grievance because it is related to my support for Israel?

• If your union refuses to file or support your grievance, or if it does not provide you with adequate representation, you can file a formal complaint against your union (commonly referred to as the duty of fair representation) with the relevant labour relations board. Generally, the labour relations board expects these complaints to be filed within three months of a decision.

• You can file a human rights complaint against your union at the BC Human Rights Tribunal, though not against the individual union officers who refused services.

What can I do if my union, its executives, or representatives are posting antisemitic or anti-Israel content on social media?

• If they are doing so in their capacity as union representatives or are identifiable as union executives/representatives, you may be able to file a complaint with your union for violation of their code of conduct or constitution.

• While political speech is protected, anti-Israel speech can cross the line into antisemitism, which would be unlawful.  If it is obviously antisemitic, take screenshots and contact human resources. If it is a grey area contact AICRT.

• This can be a challenging process if the union has taken an anti-Israel stance.

What can I do if I learn about antisemitic comment or conduct by a coworker outside of the workplace?

• Very little can be done about a private post unless it contains defamatory or criminal content. If the post is public and if the employee identifies as being an employee of the organization, they could possibly be the subject of discipline for off-duty conduct. Take screenshots and contact human resources.

Can I withdraw from my union due to their political stance or support for causes I do not agree with?

• In BC, withdrawal from your union in a situation where union membership is a requirement for employment will likely result in termination of employment. There is no right to withdraw from a union in BC because you disagree with their political stance or the way they use union funds.

Can I choose not to pay union dues/membership to my union due to their political stance or support for causes I do not agree with?

• No. The only instance where you can refuse to pay union dues is in relation to a sincere belief that your religious observance does not permit belonging to a union or paying dues. The equivalent of those dues must be paid to an agreed-upon charity.

Additional Information – Canadian Jewish Labour Committee

The newly formed Canadian Jewish Labour Committee (CJLC) is working to unite Jewish workers, foster inclusion within unions, and combat antisemitism in the Canadian Labour movement.

Jewish members of numerous unions have reported feeling isolated, unwelcome, and marginalized, which has led to instances of discrimination. The CJLC is a forum dedicated to addressing these challenges, sharing best practices, and advocating collectively to restore the core values of inclusivity and respect within Canada’s Labour movement.

The CJLC invites Jewish workers and allies to join this important initiative. For more information, please visit www.canadianjlc.ca.