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Creating
a New Union
The
Labour Relations
Code allows employees
to choose union
representation.
Most commonly,
employees choose
to have an existing
union apply for
certification
on their
behalf. Employees
may also choose
to create an
entirely new
union and subsequently
have this union
apply for certification.
Section
1(x) of the Code
states:
1(x)
"trade union"
means an organization
of employees
that has a written
constitution,
rules or bylaws
and has as one
of its objects
the regulation
of relations
between employers
and employees;
This
definition contains
3 requirements:
A
trade union must
be an organization
of employees.
The definition
calls for employees
formally joining
together. It
contemplates
a democratic
organization
run by employees
for their benefit.
A
union's governing
documents must
be in writing.
This enables
employees to
understand the
rules by which
the union operates.
One
of the organization's
objects must
be the "regulation
of relations
between employers
and employees."
The exact words
are less important
than having an
objects clause
that fits this
general requirement.
It distinguishes
trade unions
from social or
benevolent organizations
unsuited to carrying
out trade union
duties.
This
suggests that
creating a new
union requires:
Interested
people draft
a written constitution,
bylaws or rules.
The
constitution,
bylaw or rules
include a provision
for dealing with
the regulation
of labour relations
between employers
and employees
and a procedure
for electing
officers and
calling meetings.
A
meeting of employees
approve the constitution,
bylaws or rules.
Employees
attending the
meeting take
out membership
in the trade
union.
The
members ratify
the constitution,
bylaws or rules.
The
members elect
officers.
Prior
to filing
certification
applications
with the Board,
unions must meet
some filing requirements.
Section 24 of
the Code
requires the
union file with
the Board a copy
of its constitution,
bylaws or other
constitutional
documents and
a list of its
officers with
their contact
information.
This filing must
occur at least
60 days before
the new union
applies for certification.
The
Board is not
able to assist
employees in
creating a new
union. Existing
unions or the
Alberta Federation
of Labour may
be able to assist
employees in
creating a union.
Employees may
also wish to
engage the assistance
of a lawyer familiar
with labour law.
Employees can
find the name
of such a lawyer
by calling the
Lawyer Referral
Hotline at 1-800-661-1095.
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a question to
add to FAQ?
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answer to your
question?
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