20 Questions
What is a key requirement for an association to be recognized as an employees’ association?
Have members who have signed membership cards
Under what conditions can an association petition the Minister of Labour for certification?
Recognition that the association represents the majority of employees in the bargaining unit
Who is eligible to submit a petition for union certification?
An employees’ association, excluding management and independent contractors
What must an association do to petition for certification?
Identify an appropriate bargaining unit
What is the waiting period for an association whose petition is rejected or withdrawn?
3 months
What is the role of the employer in the certification process?
The employer must recognize the association as representative of the majority of employees
Who is involved in evaluating the representative character of the association?
Only the association and the employees themselves
What are the specific requirements for an association to be recognized as an employees’ association?
Must exist and function, have members who have signed membership cards, hold meetings of formation, collect dues from members, adopt a constitution, and elect union leadership
What is the role of the employer in the petition for certification process?
To post the petition and send a copy to the association
What is the minimum requirement for the number of employees that must be members of a union to represent the majority of the bargaining unit?
There is no minimum number of employees that must be members of a union
Can a business that has not yet begun operations file a petition for union certification?
Yes, as long as they have a potential majority of employees
What happens if a subsequent petition is filed while another petition is pending?
It is inadmissible, regardless of subsequent dismissal
What is one of the criteria for an appropriate bargaining unit?
Geography
When is a secret ballot vote required?
When there is more than 1 association petitioning, and neither have absolute majority
What can the Labour Relations Officer (LRO) grant in disputed cases?
Certification when there is a dispute on the BU but the LRO is convinced that majority will be maintained regardless
Who can request modifications to the bargaining unit?
The association
What is the assessment of membership based on?
Counting the number of employees who have signed an application for membership in the association
What is the purpose of promoting labour peace?
Avoiding a multiplicity of BUs within an enterprise mitigates cycles of strikes/lockouts
What is a bargaining unit that includes all employees usually deemed as?
Appropriate
Who can be part of a single unaffiliated union in the public sector?
Municipal police
Study Notes
Union Petition Filing and Evaluation Process
- A business that has not yet begun operations can have a petition filed as long as the necessary majority that will eventually be part of the enterprise is included.
- A petition can only be submitted by an employees’ association, excluding management and independent contractors.
- Once a petition is filed and pending, any subsequent petition is inadmissible, regardless of subsequent dismissal.
- An association whose petition is rejected or withdrawn must wait 3 months before presenting a new petition, with specific exceptions.
- Different locals of a larger union can be considered different associations.
- Petition deadlines vary based on the association's representation status and collective agreement status.
- The petition must identify the group of employees subject to the petition, the employer and address of the targeted establishment, the specific establishments represented, and the entities which make up the employer.
- The petition must be authorized by a resolution of the association, not by an individual or group of employees.
- The employer must post the petition in a conspicuous place and keep it posted for at least 5 consecutive days, and send a copy of the list to the petitioning association.
- The petition for certification is exclusively examined by a Labour Relations Officer and is largely an administrative process.
- Only the association and the employees themselves are involved in evaluating the representative character of the association, including holding a secret ballot.
- Employers can protest the admissibility of the petition based on specific criteria but cannot access membership applications or other evidence of representative character.
Test your knowledge of the union petition filing and evaluation process with this quiz. Covering topics such as petition submission, petition admissibility, association representation, and employer responsibilities, this quiz will assess your understanding of the key procedures involved in union certification.
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