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

2. The Organizing Campaign
Chapter 5
The Organizing Campaign

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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’

18. 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

19. 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

20. 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

21. 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

22. Copyright
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