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Revocations
(How
do I switch unions or get rid of a union?)
Employees may periodically
choose to be represented by a different or no union.
Employees interested in having no union represent them
file a revocation application during an allowed
window or "open period". If an employee-initiated
revocation meets the Labour Relation Code’s
requirements, the Labour Relations Board orders
an employee vote on the matter. If the majority of employees
voting choose not to be represented by that union, the
Labour Board revokes the certification and the union
no longer represents those employees. Employees interested
in being represented by a different union typically
have that union file a certification
application during one of these "open periods."
Employers may also file revocation applications
in limited circumstances. More information is available
in Information Bulletin
#13.
Questions:
Q:
I am currently represented by a union and we have
a collective agreement. When is it possible for us to
choose a different union or no union at all?
A:
Employees may choose
to revoke a union’s bargaining rights during an
"open period". When a collective agreement
is in effect and has a duration of two years or less,
employees may apply during the last two months of the
agreement. If the collective agreement runs for more
than two years, employees may apply in the last two
months of the agreement as well as in the 11th
or 12th month of the 2nd or subsequent
year (unless these months are less than 10 months before
the end of the agreement). Employees may also apply
for a revocation at any time after a collective agreement
has expired but before a new one has been ratified.
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Q: If
we no longer want to be unionized, how do we get
rid of the union?
A: If you no longer
wish to be represented by a union, you may make a revocation
application to the Board during one of the open periods
outlined above. If this application is successful, the
union’s bargaining rights will be revoked and the
collective agreement will be cancelled. To revoke a
union’s bargaining rights, you file
an application and a petition of support with the
Board. This petition must show that 40% or more of members
in the bargaining unit support the revocation application.
If the Board is satisfied the application meets the
requirements of the Code, it normally holds an employee
vote. If a majority of the employees voting choose to
no longer be represented by the union, the Board revokes
the union’s bargaining rights.
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Q: Our
collective agreement expired five months ago and
our union has not been able to negotiate a new one.
We want to have a union, but not this union. How do
we go about getting another union?
A: Employees may
choose a different union to represent them. In this
case, they would ask a rival trade union to make a certification
application to the Labour Relations Board. This process
is often called a "raid." Raid applications
are only allowed during the open periods outlined above.
A raiding union must present evidence that it has the
support of 40% or more of the employees in the bargaining
unit. If the Board is satisfied the application meets
the requirements of the Code, it normally holds an employee
vote. If a majority of employees voting choose to be
represented by the raiding union, the Board transfers
the bargaining rights and collective agreement from
the old union to the new one.
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Q: Our
union was just certified and hasn’t signed
a collective agreement yet. We’ve changed our minds
and don’t want a union. When can we file a revocation
application?
A: Normally,
employees may file a revocation application at any time
if there is no collective agreement in place. The time
after a union has been newly certified is different.
No revocation application may be made until 10 months
after a union has been certified. This provides a new
union with a protected period during which to negotiate
its first collective agreement. If the union has not
managed to negotiate a collective agreement after these
10 months elapse, then a revocation application may
be made. If the union signs a collective agreement before
this period elapses, then a revocation application may
only be made during one of the window periods outlined
above.
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Q: My
employer has asked some of us to file a revocation
application to get rid of the union. Is this acceptable?
A: No.
Employers may not participate in or interfere with the
formation or administration of a trade union or the
representation of employees by a trade union.
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Q:
Can an employer file a
revocation application?
A: An
employer can file a revocation application if no collective
bargaining has taken place for three years after (a)
the expiry date of the last collective agreement or
(b) a union won certification (if no collective agreement
was entered into). The limited opportunity for an employer
to file a revocation application reflects that union
representation is a choice to be made by employees,
not the employer. It is only reasonable to allow an
employer to file for revocation if a union has abandoned
its bargaining rights.
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