INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University

The Organizing Campaign Chapter 5 The Organizing Campaign

Chapter 5 Objectives At the end of this chapter, you should be able to: Explain why a collective bargaining relationship would be considered Describe the steps in an organizing campaign Understand what is required to apply for certification Identify what factors must be addressed in a certification application Identify two special situations involving organizing campaigns and certification applications

The Organizing Campaign Canadian labour legislation recognizes the right of most employees to freely choose to be a member of a union Many employees are first introduced to the idea of joining a union through an organizing campaign An organizing campaign is conducted by a union in a workplace, although not on the worksite, to persuade employees to choose the union as their legal representative

Factors Affecting Employee Support for a Union Generally, there are four factors that determine employee support for a union Personal Factors Instrumentality: will a union give workers a greater voice in the workplace? Perception of unions and self-identity Workplace Factors The most significant factor is dissatisfaction and unionization may be perceived as a way to address 1) Compensation and 2) Management ignoring workplace issues

Factors Affecting Employee Support for a Union (cont’d) Economic Factors Workers’ pay levels Unemployment rate Inflation rate Societal Factors Attitudes and perceptions about unions Whether labour legislation facilitates or hinders union certification

Steps in the Organizing Campaign A successful campaign results in the union being able to request recognition as the bargaining agent for the employees There are 3 possible initial points of contact: employees decide to form a union employees want to join an existing union union contacts dissatisfied workers

Steps in the Organizing Campaign The Information Meeting The first formal step in which interested employees and a union rep meet off site and after hours Identities of employees interested in unionization and the meeting location are usually kept secret from employer and from pro-employer workers

The Organizing Committee If the information meeting suggests an organizing campaign could be successful, an organizing committee will be created The committee usually consists of several employees and an experienced union organizer Committee members will contact other employees seeking a formal indication of support for the union Support can be shown by signing a membership card or a small amount of money to the union

Factors Affecting the Success of an Organizing Campaign Unions must identify what is important to workers so that they can address those concerns while attempting to organize Two other factors are amount of control workers have over the campaign and amount of participation in campaign activities Employer’s response to organizing campaign can also affect its success or failure A constant concern throughout the campaign is the possibility of unfair labour practices

Application for Certification When the organizing committee believes it has sufficient membership support, the union files an application for certification with the appropriate labour relations board This form has three major components: An indication of sufficient membership support A description of the desired bargaining unit (the group of employees that will be represented in collective bargaining with the employer) Who the employer is and who the union is

Application for Certification Sufficient Membership Support The required level of support varies from jurisdiction to jurisdiction The labour board may certify the union even without the ‘required’ level of support if the employer has engaged in an unfair labour practice In some jurisdictions, if the support exceeds the required level, there may be automatic certification for the union The Board will also consider the timliness of the application—how long the union has taken to get the required support

Application for Certification Appropriate Bargaining Unit Every certification application must contain a description of the bargaining unit the union seeks to represent The principle underlying the bargaining unit description is community of interest, i.e., common characteristics to make a cohesive and representative unit An appropriate bargaining unit will be viewed in terms of its size and location, the number of management and non-management employees, and the definition of an employee

Application for Certification Appropriate Bargaining Unit Size and location The union wishes to represent as many employees as possible; also it will gain more revenue from union dues Representing more employees will give union more power in bargaining with employer The Board tries to ensure a relative balance of bargaining power between the employer and the union

Application for Certification Appropriate Bargaining Unit Managerial and non-managerial employees Who is eligible to be in the bargaining unit? Usually management members are not entitled to be a part of the bargaining unit but determining who is a manager is sometimes problematic Exempt employees are usually excluded from the bargaining unit These are usually those who perform work involving administrative support to top managers

Application for Certification Appropriate Bargaining Unit Defining an “employee” An “employee” is generally defined in legislation as someone who works on a regular basis for an employer in a dependent relationship and under its direction and control If a worker has an ongoing dependent relationship, the worker should be considered an employee and included in the bargaining unit

Application for Certification Defining an “employer” The applicant is required to indicate which employer the application covers Criteria a labour relations board will consider when determining who is the employer: Where does the authority for hiring lie? What part of the business is accountable for establishing and monitoring work conditions? Who exercises control over day-to-day work and production? Board may also determine whether several business entities are a ‘single employer’ or ‘common employer’

Application for Certification Defining a “trade union” The final component in a certification application is an indication that it comes from a bona fide trade union A company union would not be recognized as a bona fide union because of concerns respecting collective agreements known as “sweetheart agreements” Under most labour codes, a bona fide union: Was established free of employer interference Is run on democratic principles

Application for Certification The Construction Industry Conditions for organizing in the construction industry differ from other industries Each project or work site is considered to be a workplace and separate certification must be obtained for each project and each unionized trade on the project The employer will contact each union and request the appropriate unionized employees for the project so no need for a campaign

Application for Certification Voluntary Recognition Most Canadian labour laws permit an employer to recognize the union’s right to act as the exclusive bargaining agent without going through the formality of making an application This acceptance is known as voluntary recognition

Application for Certification Voluntary Recognition (cont’d) The employer accepts the union as the employees’ bargaining agent without any representation vote or other formalization of the union’s existence Labour law in several provinces allows a board to grant certification if a voluntary recognition agreement has been in effect for several years

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