Chapter 6 Flashcards
The workplace notice
When an application for certification is received by
a labour relations board, in most provinces the employer and employees must be notified of the application by registered mail
–> A notice of the application for certification must
be posted in the workplace
–>In some provinces, the notice must include
a terminal date
Terminal Date
Date by which submissions must be received in order fir the board to consider them along with the application
Determining Employee Support
he labour relations board will assess the level of employee support for the application
-board will compare the list of signatures w/ the list of positions indicated in the proposed bargaining unit
The Representation Vote
If the level of support for a certification application
is above the required minimum and automatic certification is not an option, a labour relations board will usually set a date for a representation vote
–>The vote is a secret ballot
It asks the employees if they want the union
to be their exclusive bargaining agent
–>50% + 1 of voters must say yes for certification
to be granted
**only those employees included in the proposed bargaining unit are eligible to vote
The Representation Vote (2)
There is usually a short time between the filing of the application and the vote to prevent either side from unduly influencing the outcome of the vote
–>If the vote is successful, the Board will issue a certification order
Certification Order
Legally creates the bargaining relationship between the union and the employer
–>Makes the union the exclusive bargaining agent
for the employees in the bargaining unit
–>Compels the parties to commence bargaining for
a collective agreement and to bargain in good faith
–> If the vote is unsuccessful, there are generally time bars to prevent unions from attempting to organize again right away
Time Bars
Canadian Labour Code:
that restrict the time within which such organizing efforts can take place
Application Bar
outlines the time bars that apply after a previous certification attempt has failed
–> it imposes a mandatory waiting period after an unsuccessful certification attempt before another certification application can be made
The Hearing
At any point during the assessment of the application for certification, a labour relations board may
hold a hearing into the application
A hearing is usually held if there is a dispute
over the content of the application or its surrounding circumstances
A hearing may result in the board:
- Rejecting the application
- Altering the bargaining unit
- Ordering a representation vote
Special Circumstances During Certification
A certification remains in effect for as long as the parties involved wish it to continue and the parties themselves do not change
–>A union may attempt to certify workers represented
by another union; this is known as a raid
–>No Canadian labour legislation explicitly forbids raiding
–>Raids may occur if employees feel dissatisfied with the representation provided by their current union
–>There are time bars affecting when raids can happen
Special Circumstances During Certification
–>There are no legal restrictions on the number of unions that can simultaneously attempt to organize the same existing bargaining unit
–>A Board is more likely to order a representation vote
in a raid to ensure that the employees truly wish to change their union representation
–>If the vote is successful, there will be a new
certification order issued
–>If the vote is unsuccessful, the time bars for subsequent applications are the same as those for previously
non-unionized workplaces
Certification if the Parties Change
If the union merges with other unions, the merged union usually applies for certification under its
new name
–>A labour relations board may order a representation vote after a merger, or may alter the certification without a vote
–>If the union ceases to exist and the workers do not wish to be represented by another union, the workers would usually file for decertification
Certification if the Parties Change (2)
If the employer goes out of business, the union
or employer can apply for decertification
–>If the employer merges with another business or expands, the board must decide whether the existing certification applies to the new employees
–>This circumstance is known as successorship
–>Several jurisdictions have time bars that restrict when or if certification applications can be made during
a strike or lockout
