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FAQs

We have received an application for union certification. What should we do?

Contact legal counsel immediately. The time limits for responding to union certification applications vary across jurisdictions, but are generally quite short.

In order to unionize any workplace, a union must demonstrate sufficient support. In most jurisdictions, a vote will be held after a union organizing campaign to determine whether the union has the requisite support. Under the federal jurisdiction and within the Ontario construction industry, support may be sufficiently demonstrated by the Union submitting signed cards from employees within the proposed bargaining unit.

Additionally, all jurisdictions restrict employers from unduly influencing the certification process or the employees’ choice. If an employer is found to have committed a serious unfair labour practice or unduly influenced the certification process, the applicable labour relations board may automatically certify the union without recourse to a vote or the need for signed cards where they are applicable.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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