by Daniel Mayer
On June 16, important changes regarding union certification and decertification for federally regulated employers in Canada will come into effect. The federally regulated sector includes interprovincial and international transportation companies, airlines, railways, banks, and employees who work for the federal government.
Existing landscape: card check
At present, in order to become certified as the bargaining agent for a group of employees in the federal sector, a union must either show majority support from employees in the workplace or win a representation vote.
Traditionally, majority support is demonstrated by signed union membership cards: If a union obtains signed cards from more than 50 percent of the employees, it will be certified as the bargaining agent without a representation vote. Votes by secret ballot, which are rare, take place only when a union cannot show majority support with signed cards (between 35 percent and 50 percent support). Applications for certification with less than 35 percent support are dismissed.
The “card check” regime in the federal sector is in contrast with certification regimes in some provincial jurisdictions. In Ontario, for example, a secret ballot representation vote is mandatory in all cases except in the construction industry. A representation vote also is mandatory in other provinces, such as British Columbia and Alberta.
The “card check” system is not unique to the federal sector, however. In other provinces, such as Quebec, Manitoba, and New Brunswick, a union can be certified without a vote if the required number of membership cards is obtained.
Changes
On June 16, changes will come into effect eliminating the card check system for federally regulated employers and requiring a mandatory secret ballot vote in all cases. A secret ballot vote can be triggered if a union demonstrates at least 40 percent support. The changes also reduce the threshold of support required to initiate a secret ballot vote for decertification. The threshold is reduced to 40 percent from the current 50 percent plus one.
These changes have been welcomed by employers in Canada. The existing card check system for federally regulated employers has been widely criticized for a variety of reasons. Critics point out that the current card check system is more susceptible to undue influence by unions. It also gives unions an advantage because employers have very limited opportunities to respond to an application for certification if the union can prove majority employee support, which it is often able to do. Under the new system, employers will have the opportunity to ensure that employees have the facts from both the employer’s and the union’s perspectives so that they can make an informed choice at the ballot box.
