trade unions
📖 O que é trade unions? Significado e conceito
In Canada, a trade union can be certified by a body like the Canada Industrial Relations Board to act as the official bargaining agent for a group of employees. This means the union has the legal authority to represent these employees in collective bargaining with their employer, leading to a collective agreement that outlines terms of employment. For a trade union to be certified, the Board must determine that it is indeed a trade union within the meaning of the relevant Code, identify an appropriate unit of employees for collective bargaining, and be satisfied that a majority of employees in that unit wish to be represented by the union.
Once certified, a trade union acts on behalf of all employees within the designated bargaining unit. This can involve negotiating new collective agreements, which are legally binding contracts between the employer and the union, covering aspects like wages, benefits, and dispute resolution. The process of becoming a bargaining agent often involves an application to a labour board, an investigation, and consideration of submissions from all parties involved.
Sometimes, jurisdiction can transfer between trade unions. This process might involve a secret ballot vote among employees in the bargaining unit to decide if they want their representation to shift from one union to another. If a majority votes in favour, the new union can succeed the previous one as the bargaining agent, and the employer may then recognize the new union and engage in collective bargaining with them, leading to a new collective agreement.
📋 Requisitos
- The applicant must be found to be a trade union within the meaning of the Code.
- A unit of employees must be determined to be appropriate for collective bargaining.
- A majority of employees in the unit must wish to have the trade union represent them as their bargaining agent.
- For a transfer of jurisdiction, a majority of employees in the bargaining unit must vote in favour of the transfer.
📝 Procedimento
- A trade union submits an application to the Canada Industrial Relations Board.
- The Board conducts an investigation into the application.
- The Board considers submissions from all concerned parties.
- The Board determines if the applicant is a trade union and if the proposed bargaining unit is appropriate.
- The Board confirms that a majority of employees wish to be represented by the union, sometimes through a secret ballot vote.
- The Board issues an order certifying the trade union as the bargaining agent.
💡 Exemplos
- A union applied to represent all electricians working on a specific international bridge project, and after an investigation, was certified as their bargaining agent.
- Employees at an airport in Saskatchewan had a union certified to represent all staff, excluding management and administrative roles, for collective bargaining.
- A trade union sought to take over representation for employees of a company in Richmond, British Columbia, and after a secret ballot vote, was declared the successor bargaining agent.
- Following a successful vote to transfer jurisdiction, a new union entered into collective bargaining with an employer, resulting in a collective agreement for the employees.
📚 Base legal
- Canada Labour Code
❓ Perguntas frequentes
What does it mean for a trade union to be a 'bargaining agent'?
When a trade union is certified as a bargaining agent, it means the union has the legal authority to represent a specific group of employees in negotiations with their employer. This representation covers terms and conditions of employment, such as wages, benefits, and working conditions.
How do employees decide if they want a trade union to represent them?
Employees typically indicate their desire for union representation through a process that satisfies the Canada Industrial Relations Board, often involving signing membership cards or participating in a secret ballot vote. The Board must be satisfied that a majority of employees in the proposed unit wish to have the union represent them.
Can employees switch which trade union represents them?
Yes, a transfer of jurisdiction between trade unions can occur. This often involves a secret ballot vote among the employees in the bargaining unit to determine if they want to transfer their representation to a different union. If a majority votes in favour, the new union can become the successor bargaining agent.
What is a 'collective agreement'?
A collective agreement is a written contract between an employer and a trade union, outlining the terms and conditions of employment for employees in the bargaining unit. These agreements typically cover wages, hours, benefits, grievance procedures, and other workplace rules.
What is the role of the Canada Industrial Relations Board regarding trade unions?
The Canada Industrial Relations Board plays a crucial role in certifying trade unions as bargaining agents, determining appropriate bargaining units, and overseeing processes like transfers of jurisdiction. The Board ensures that unions meet the legal requirements under the Canada Labour Code.
What if my employer doesn't want to negotiate with a certified trade union?
Once a trade union is certified as a bargaining agent, the employer is legally obligated to recognize it and engage in collective bargaining. If an employer refuses, the union can file a complaint with the Canada Industrial Relations Board. You may wish to consult with a qualified lawyer specializing in labour law for guidance on such matters.