Certification - Unionizing a Workplace
A
group of employees
may decide they
wish to be represented
by a union. They
may either form
their own trade
union or join
an existing union.
This union then
files a certification application with
the Labour Relations
Board. If the
application meets
the requirements
of the Labour
Relations Code,
the Labour Relations
Board holds an
employee vote.
If a majority
of employees
choose to be
represented by
that union, the
Labour Relations
Board certifies
that union. This
means the union
then has the
right to negotiate
a collective
agreement with
the employer.
This agreement
regulates the
wages and working
conditions of
the employees.
More information
about certification applications can be found
in Information
Bulletin #8.
Questions:
Q: When
can a certification
application be
filed?
A: The Labour Relations
Code sets
out four situations
in which time
limits affect
a certification
application.
These include
filing a union’s
constitutional
documents, previous
applications,
strikes and lockouts,
and existing
collective bargaining
relationships.
A new union must
file its constitutional
documents with
the Board before
it can apply
for certification.
A union can only
apply once every
90 days for certification
for the same
group, unless
the Board consents.
If the employees
are on strike
or locked out,
the union must
obtain the Board's
consent to file
a certification
application.
If the employees
already have
a union and a
collective agreement,
the new union
can only apply
during an "open
period."
These
situations are
explained more
fully in Information
Bulletin #8.
Top
Q: What
happens when
a certification
application is
filed?
A: When
a union files
a certification
application,
a Board officer
conducts an impartial
investigation.
The officer speaks
to the employer
and the union.
The officer may
also speak to
individual employees.
The officer requires
the union and
the employer
to produce records
relating to the
application,
such as employee
and membership
lists. The officer
then writes a
report outlining
whether or not
the application
meets the Code’s
requirements
for certification.
This report is
presented to
the parties (who
may object to
some of all of
its findings)
and a panel of
Board members.
The panel conducts
a hearing and
decides whether
or not the application
meets the requirements
of the Code.
If so, the panel
orders an employee
vote. If a majority
of the employee’s
voting vote in
favour of the
union, the union
is certified.
Top
Q: Does an employer
have a say in
whether employees
unionize?
A: The Labour Relations
Code prohibits
an employer from
participating
or interfering
with the formation
or administration
of a trade union.
It is entirely
the decision
of employees
whether or not
they wish to
be represented
by a trade union.
Top
Q: Can
an employer
talk to employees
about the application?
A: The Labour Relations
Code prohibits
employers from
participating
in or interfering
with the formation
or administration
of a trade union
or the representation
of employees
by a trade union.
Employers may
express their
views on a certification
application with
employees so
long as the employer
does not use
coercion, intimidation,
threats, promises
or undue influence.
Employers may
wish to refer
to Section 148
of the Code.
Top
Q: What happens if
a union is certified
at my company?
A: If the
certification
application is
successful, the
Board issues
a formal "certificate"
which confirms
that the union
is the exclusive
agent for every
employee in the
bargaining unit.
This means the
union represents
every member
of the bargaining
unit, regardless
of whether or
not they are
a member of the
union. Usually,
the union and
the employer
then commence
bargaining for
a collective
agreement. A
collective agreement
is a written
contract that
outlines the wages, benefits,
and working conditions
of employees.
An
employer is prohibited
from altering
the rates of
pay or any term
or condition
of employment
or any right
or privilege
of any employee
(other than in
accordance with
an established
custom or practice
of the employer)
from the date
of the application
until 30 days
after certification
is granted. If
the union serves
notice to bargain
within those
30 days, the
employer may
not alter working conditions for
a further 60
days.
Top
Q: How many people do you need to start a union?
A: Information Bulletin 7 explains the Board’s policy on the trade union filings and Bulletin 8 specifies the requirements for certification.
Top
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