The union representing some WeedMD production workers is battling the Southwestern Ontario cannabis firm's demand for names of employees who have signed union cards, information the union says it won’t reveal.

The union representing some WeedMD production workers is battling the Southwestern Ontario cannabis firm’s demand for names of employees who have signed union cards, information the union says it won’t reveal.

Workers at WeedMD, a licensed marijuana producer that employs more than 200 in Strathroy, Aylmer and Bowmanville, have been signing union cards with the United Food and Commercial Workers (UFCW) union since last month.

A lawyer representing WeedMD wrote the union asking for the names of workers who have signed union cards, national representative Kevin Shimmin said.

“For WeedMD to say that we need to provide those names is a long stretch and we’re definitely not going to do that,” Shimmin said. “We have to protect the confidentiality of the people who are signing cards.”

The London-based company cited a ruling from the Agriculture, Food and Rural Affairs Appeal Tribunal, in a failed UFCW bid to organize workers at Markham-based medical pot producer MedReleaf, to justify its request.

“In order for there to be any productive discussions, it is necessary for the employer to know exactly whom the association represents and that the association has the proper authority from the employee to make representations on that employee’s behalf,” the tribunal said in its ruling.

But the UFCW says the tribunal ruled the union had to show that they represent employees, not provide workers’ names.

“There’s no precedent as far as what was acceptable between the two parties to demonstrate that the union does represent the employees,” Shimmin said.

In Ontario, cannabis production workers are considered agricultural employees and fall under the provincial Agricultural Employees Protection Act (AEPA), legislation the union claims violates the Charter of Rights and Freedoms by failing to protect workers’ right to freedom of association. The act sets out a different process for unionizing workers than in other Ontario labour laws.

WeedMD spokesperson Marianella delaBarrera said the union must follow the act and denied allegations that union-supporting workers could face reprisals.

“It’s naive to suggest that an employer would hear representations without knowing specifically on whose behalf those representations are being made,” delaBarrera said. “We take our obligation to advocate for our employees very seriously. We understand and we honour our employees’ rights, regardless of who represents them.”

Shimmin, who didn’t disclose how many WeedMD workers have signed union cards, has offered to provide a sworn affidavit to the company. “We could easily say the number of people who signed cards, the departments they work, job titles and start bargaining from there,” he said.

The UFCW, which represents 250,000 workers across Canada, wants to begin bargaining with WeedMD, but the company hasn’t recognized the union.

“They’re having their lawyer in Toronto be the only person who communicates with us,” Shimmin said. “The next step is we’re going to keep signing cards. We’re going to continually be on the company to find a reasonable compromise to start negotiations.”

dcarruthers@postmedia.com