union certification
📖 O que é union certification? Significado e conceito
Union certification establishes a union as the exclusive representative for a specific unit of employees, allowing them to negotiate terms and conditions of employment with their employer. This process is typically overseen by a labour board, such as the Canada Industrial Relations Board (the Board), which issues an order to formally certify the union. Once certified, the union becomes the 'bargaining agent' for the employees within that defined unit.
The certification order specifies the exact group of employees covered, known as the 'bargaining unit.' This unit can include various roles, such as drivers, owner-operators, warehouse workers, or all employees at a specific plant, while often excluding certain positions like managers or office staff. The Board's orders are legally binding and can be reviewed or amended, for instance, if an employer changes its name or if the scope of the bargaining unit needs to be adjusted.
Certification can also be revoked if the union loses the support of the employees it represents. This ensures that the union continues to reflect the wishes of the workforce. The process is governed by legislation like the Canada Labour Code, which provides the framework for applications, investigations, and decisions by the Board regarding union certification and its revocation.
📋 Requisitos
- An application must be made to the Canada Industrial Relations Board (the Board).
- The Board investigates the application to determine its validity.
- The application must identify the specific unit of employees the union seeks to represent.
- The union must demonstrate sufficient support from the employees within the proposed bargaining unit.
📝 Procedimento
- A union or applicant submits an application for certification to the Canada Industrial Relations Board.
- The Board conducts an investigation into the application and considers submissions from all concerned parties.
- The Board issues an order, such as a certification order, if the application is approved.
- The Board may amend an existing order, for example, to reflect an employer's name change.
- The Board may revoke a certification if an application for revocation is made and investigated, and it finds the union has lost employee support.
💡 Exemplos
- The Canada Industrial Relations Board certified a union as the bargaining agent for all drivers, owner-operators, and warehouse workers at several locations of a company in British Columbia.
- A union was certified as the bargaining agent for all employees at a canola processing plant in Manitoba, excluding management and supervisory staff.
- The Canada Industrial Relations Board amended a certification order to reflect a company's name change, ensuring the union remained the certified bargaining agent for the same employees under the new employer name.
- A certification order for a union representing salesmen was revoked by the Board after an application demonstrated the union no longer had the support of the employees.
📚 Base legal
- Canada Labour Code
- Business Corporations Act
❓ Perguntas frequentes
What does it mean for a union to be 'certified'?
When a union is certified, it means a labour board, like the Canada Industrial Relations Board, has officially recognized it as the legal bargaining agent for a specific group of employees, giving it the right to negotiate on their behalf.
Who decides if a union gets certified?
The Canada Industrial Relations Board (the Board) or a provincial labour board is responsible for investigating applications and issuing orders for union certification.
Can a union's certification be changed or updated?
Yes, the Board can amend a certification order, for example, to update an employer's name or to expand the bargaining unit to include more workers, following an application and investigation.
What is a 'bargaining unit' in the context of union certification?
A bargaining unit is the specific group of employees that the certified union represents, as defined in the certification order, often excluding certain positions like managers or office staff.
Can a union lose its certification?
Yes, a union's certification can be revoked by the Board if an application is made and it's found that the union no longer has the support of the employees it represents.
What law governs union certification in Canada?
The Canada Labour Code is one of the key pieces of legislation that governs union certification for federally regulated workplaces in Canada.