The struggles of the labourers in relation to their wages and working conditions can be addressed by trade unions and through collective bargaining agreements. Not all workplaces have unions, due to several reasons. If your workplace is one of these, you may wonder, "how do we form a union?"
Initial steps on how to form a union
There’s a process for organizing and forming a new labour union in your workplace. It might be different when your group wants to join an existing union in your province or territory. In any case, it’s always good to have a legal partner — such as a workplace human rights lawyer — since all these steps can be found in different labour laws.
1. Union organization drive
First, you or your group (who may be referred to as the union organizer) would want to expand your initiative to other co-employees who want to join the possible union. In most cases, union membership cards are distributed, where interested employees who want to join the union sign in.
After getting enough cards, or if you think you have enough members according to the unit that the union will be representing, the next step is to inform both your employer and your labour relations board.
There are certain conditions that you must meet before you can form a union:
- there must be no certified trade union in the unit where you’re proposing to form a labour or trade union
- there must be no collective bargaining agreement between the employees in the unit and the employer
- a new union can apply only after a certain period, if the previously certified union did not enter into a collective bargaining agreement with the employer
- if there’s an existing collective bargaining agreement, a new union can apply only within a certain period before or after the expiration of the agreement
Since these details may vary for every workplace and every province/territory under the law, consult a workplace human rights lawyer.
2. Notice to the employer and labour relations board
Informing your employer and your labour relations board of your intent to form a union is done by filing:
- a notice to your employer; and
- an application for certification with the board
Under Canadian labour relations law, this process is called the application for certification as the bargaining agent of a unit. As for the board, this is done through:
- Canada Industrial Relations Board (CIRB): for federal industries
- Provincial or territorial labour relations board: for private sector workplaces
The application with the board must include a list of the members in the proposed bargaining unit. You don’t need to hand this list to your employer.
Your employer also has the right to contest your application through the same board after they’ve received your notice. The grounds for this are also found in the laws on labour relations.
3. Vote among the employees
Next, a representation vote will be conducted among the members of the proposed unit. Usually, this is through secret balloting, and must be done within a few days after you’ve filed your application with your labour relations board.
If you get the majority vote (the percentage required by law), the board will certify the trade union as the bargaining agent of the employees in the specified bargaining unit. Congratulations, you now have formed a union!
What happens if the majority vote was not achieved? In this case, the law allows for reapplication, but only after a certain period (e.g. one year after the vote).
Forming a union is about leveraging strength in numbers to get things done. Watch this video for more:
If you’re in British Columbia and you’re interested in forming a local union in your workplace, reach out to any of the Lexpert-ranked best workplace human rights lawyers in BC.
Considerations when forming a labour union
Here are some factors that your group should consider before, during, and after forming your labour union:
Employer’s retaliation
Not all companies and businesses are happy with labour unions. Tensions may arise between the employer and employees, and even between the employees who don’t want a union in the workplace.
It’s a different story when the situation turns hostile and unfair labour practices are committed. When such violations happen, report these to the board for proper action.
Illegal acts by employers
As prescribed by the Canadian laws on labour relations, there are certain acts by the employer that are prohibited when its employees are forming a union. Apart from union busting, here are few prohibited acts by the employer during the union’s formative stages:
- threating, suspending, or firing employees because of their interest in joining or forming a union (as this may equate to illegal dismissal)
- unjust interference in the process of forming a union, especially during the representation vote
- harassment and any other acts that unduly influence the process of forming the union
Are unions legal in Canada?
Yes, labour unions are legal in Canada. They are protected by the Canadian laws on labour relations, which outline the steps and requirements on how to form a union. These laws also state the rights and duties of labour unions with their members and their employer, and vice versa.
More importantly, the employees’ right to join and form a union is protected by these laws. It also outlines offences that employers, employees, and union officials might commit when forming a union in the workplace.
Laws on labour unions fall under federal (covering federal industries) and provincial/territorial labour laws (covering all other workplaces). Specifically, these laws are:
- Federal: Part I - Industrial Relations of the Canada Labour Code
- Provincial or territorial: Labour Relations Code or Labour Relations Act
Now you know how to form a union – what's next?
Understanding how to form a union empowers employees to advocate for better working conditions and fair wages. By following the proper legal steps, workers can ensure their rights are protected.
If you're considering forming a union, consult a workplace human rights lawyer for tailored advice. Start the journey today to create a stronger, united workforce.
Want to know more about how to form a union in your workplace? Ask the best workplace human rights lawyers in Canada as ranked by Lexpert.