CERTIFICATION PROCESS WITH VERIFIED SOLUTIONS 2024 LATEST UPDATE

2 ways to obtain bargaining rights Two Ways of Obtaining Bargaining Rights Bargaining rights permit a union to negotiate the terms of employment with the employer on behalf of a bargaining unit. The two ways of obtaining this right are through: voluntary recognition certification Voluntary recognition happens when an employer, on its own accord, recognizes a union as the bargaining agent for the employees. Voluntary recognition is not as common as certification. Certification Certification refers to the last formal process of becoming a union. To be certified means to be granted the legal right to become a union. The three key parties involved in certifying a union are: the union the certifying authority in the jurisdiction (usually the appropriate labour board) the employer The union's role is to campaign for union membership among employees (this activity is called organizing), to make an application to the board to be recognized as a union, and to complain to the board if the employer is not playing by the rules. The employer's role is to ensure that its rights are respected by the union, to advance its own interests by engaging in permitted activities, and to complain to the board if the union is not playing by the rules. The board's role is to ensure that everyone is playing by th Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:00 / 0:00 Full screen Steps in certification Step 1: Organizing This is sometimes referred to as "an organizing campaign" or "unionizing." It is the very first step in trying to become a union. At this stage, the union tries to recruit potential union members by persuading employees that they have more to gain by joining the union than by not. This organizing campaign can be done openly or secretly depending on what the circumstance dictates. One key goal of the organizing campaign is to sign up enough interested employees to meet the membership requirement of the certifying authority, commonly known as the Labour Relations Board. Organizers must ensure that all their actions are within what is allowed by the regulations in the labour relations code. Step 2: Application to Certifying Authority (the Labour Relations Board) Once the union has acquired enough interested members as required by the Labour Relations Board, it then makes an application to the board asking that it be recognized as a union and as the bargaining agent for that particular bargaining unit. In its application, the union is expected to meet the following requirements: It is a trade union as defined by the appropriate labour relations legislation. The application was submitted within allowed time limits. The group of employees covered in the application constitute an appropriate bargaining unit. The union has adequate support among employees within the proposed bargaining unit. Step 3: Decision of the Certifying Authority At this final stage, the board either rejects or accepts the application. If the application is accepted, then the union has been certified to act as a union for the bargaining unit. Bargaining unit A bargaining unit is any group of employees in a firm, plant, or workplace that has been certified to be represented by a union. The bargaining unit describes the constituency boundaries of who is eligible to vote in a certification application. If certified, the bargaining unit describes the group of employees for whom the union holds bargaining rights. bargaining agent bargaining agent is a labour union that exclusively represents a bargaining unit in collective bargaining over terms of employment. Objecting to unions on religious grounds Objecting to Unions on Religious Grounds Objecting to unions on religious grounds is a key constitutional issue. What can an employee do if he or she has religious objections to paying union dues? If an employee objects to joining a trade union due to religious conviction or beliefs, he or she may apply to the Labour Relations Board. If approved, the employee will be permitted to pay an amount equal to union fees and dues to a charitable organization Key considerations in the cert. process Key Considerations in the Certification Process Key Considerations in the Certification Process Application for certification: Only a trade union can apply. Employee status: Only persons defined as an employee can sign up for unionization. Independent contractors are excluded. Also, though they are technically "employees," key employer representatives, usually managers, are also excluded. The employer: The union must name its employer in its application. The board will verify that the named employer is the legal employer for the purposes of certification. Evidence of unionization support: The union must prove that it has the minimum required membership support. This is usually through sign-up cards or a representation vote, where interested employees cast a secret ballot to say "yes" or "no" to unionization. unfair labour practice Unfair Labour Practice The labour relations legislation guarantees employers and employees the right to free collective bargaining. To protect these rights and keep the system functioning fairly, the legislation prohibits certain types of unacceptable conduct. Unacceptable conduct that violates the Labour Code is called an unfair labour practice. In other words, it is a contravention of the relevant labour legislation by an employer, a union, or an employee. Referencing the Alberta Labour Relations Code Any party who feels the labour relations legislation has been breached can file a complaint with the Labour Relations Board. Such complaints can be filed by a trade union, employer, employers' organization, or employee. Under the Labour Code, each employee has the right to decide whether to support the union during a certification drive. An employee must be able to exercise this right, free from threats, promises, and undue influence.