Moreover, the contract between members and the union is essentially an adhesion contract. This is because individual members have effectively no bargaining power with the union. In many situations union membership is a prerequisite to employment leaving the individual with little choice but to accept the contract. In addition, a statutory labour relations scheme is superimposed over the contract between the member and the union and creates legal obligations. As Iacobucci J. wrote in Berry v. Pulley, supra, at para. 46: …the statutory right of members to be represented by the union of their choice implies that the contract only exists as long as the members maintain that union as their bargaining agent, and no penalty could be imposed by the contract against members for exercising this statutory right [emphasis added].
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