Every worker deserves a union!!

BARGAINING STARTS WITH WHAT YOU HAVE RIGHT NOW!!!

The certification and bargaining process for unionizing a workplace typically involves several key steps, particularly under Canadian labor laws. Here’s an overview of how the process generally works:

1. Union Organizing

• Union Interest: Workers express interest in forming a union, often by connecting with a labor union like the United Steelworkers.
• Campaign: Organizers (such as yourself) help workers understand their rights and benefits under union representation. They build support and collect membership cards or petitions from employees showing their intent to join the union.

2. Application for Certification

• Threshold for Certification: In most provinces (e.g., British Columbia), the union must obtain signed membership cards from a minimum percentage of workers (typically 45-50%) before applying for union certification. This varies depending on jurisdiction.
• Filing with Labor Board: The union files an application for certification with the provincial labor relations board (such as the BC Labour Relations Board in British Columbia).
• Review by Labor Board: The board reviews the application to ensure it meets the legal requirements and represents a legitimate group of workers in the appropriate bargaining unit.

3. Certification Vote

• Secret Ballot Vote: After the application, the labor board may hold a secret ballot vote. A majority (usually 50% +1) of the workers voting in favor of unionization is needed for certification.
• Automatic Certification: In some cases (like BC), if a certain percentage of workers (e.g., 55% or more) sign union membership cards, the union can sometimes be automatically certified without a vote.

4. Union Certification

• Employer Obligations: Once certified, the employer is legally obligated to recognize the union as the official bargaining representative for the employees in that bargaining unit.
• Prohibited Conduct: During the organizing or certification process, the employer is typically prohibited from engaging in unfair labor practices like threats, coercion, or retaliation against workers involved in union activities.

5. Bargaining

• Notice to Bargain: After certification, the union sends a notice to the employer to begin collective bargaining. This marks the start of negotiations for a collective agreement, which outlines wages, benefits, working conditions, and other employment terms.
• Good Faith Bargaining: Both the union and employer are legally required to bargain in good faith. This means they must make genuine efforts to reach an agreement.
• Mediation or Arbitration: If the parties reach an impasse in negotiations, they may turn to a neutral third-party mediator or arbitrator to help resolve disputes.

6. Ratification of Collective Agreement

• Once an agreement is reached, it must be presented to the employees for a vote. A majority of workers must vote to ratify the agreement for it to take effect.
• If ratified, the collective agreement becomes the governing document for the workers’ employment terms.

7. Strikes or Lockouts (if no agreement is reached)

If negotiations fail and a collective agreement isn’t reached after mediation, workers may decide to strike, or the employer may lock out workers. In some cases, labor boards can impose conditions or further mediation steps before strikes or lockouts can occur.