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Provincial labour relations boards have looked at franchised retail and restaurant labour issues with great scrutiny. There have been stronger attempts by unions to protect their members’ bargaining rights, or to expand these rights to more retail and food sector workers. Franchised establishments will, by necessity, be involved.

It is important to assess from the franchisor whether any corporate or franchised stores in the system are the subject of a collective bargaining agreement, or are the subject of a certification drive by a union, or have already been certified. It may be that a certification drive in another part of the province could eventually affect the franchised business being acquired by you. This knowledge in advance will at least allow you to assess whether unionization of your franchised business would have any substantial or negative impact upon its economics or viability.

It is common knowledge that trade unions are moving into sectors such as retail and food services, and you should be aware of the potential for certification. Certainly in British Columbia (and perhaps other provinces), any actions or statements by you to dissuade a union certification may backfire by being deemed as an unfair labour practice. Caution, restraint, and legal advice are urged in these circumstances, together with aspirin.