Wondering how unions end up representing workers?  In the world of labour relations, union certification is the mechanism that gives labour unions the legal recognition to represent employees. In British Columbia, the process for a union to become certified is set out in the British Columbia Labour Relations Code, which sets guidelines for unionization of a workplace.

What is Union Certification?

Union certification is the legal process for a union to gain the exclusive authority to represent a group of employees within a workplace. Once certified, the union can negotiate on behalf of its members on wages, working conditions, benefits, and other employment-related matters. After a union is certified as bargaining agent, the workers negotiate employment terms collectively through the union rather than individually with their employer. Employment terms are agreed to between the union and employer in a collective agreement. Certification also gives a union the ability to bring forward employee complaints, through a formal process called a “grievance”, when it believes an employer has violated terms of a collective agreement.

What are the Steps to Union Certification in British Columbia?

  1. Building Support: The journey to certification often begins with building support among employees. A union organizing committee usually forms, consisting of interested workers who champion the union’s cause. They work to educate their colleagues on the benefits of union representation and gather support through discussions and meetings.
  2. Gathering Signatures: To initiate the certification process, the union must demonstrate that a significant portion of employees supports its formation. This is typically done by collecting signed membership cards. In British Columbia, the union must gather cards from at least 45% of the employees in the proposed bargaining unit.
  3. Filing an Application: Once enough support is gathered, the union files an application for certification with the British Columbia Labour Relations Board (BCLRB). This application must include details such as a description of the proposed bargaining unit and evidence of the membership cards collected.
  4. Board Review: The BCLRB reviews the application to decide if the union has met the necessary criteria. If the board is satisfied, and there are no objections, the Board will decide the union’s application.

If the union has enough support demonstrated by signed membership cards (more than 55% of the proposed bargaining unit), then the Board may grant the certification without any more steps, this is called single-step certification.

If the union does not have enough support for single step certification but has at least 45% in favour, then the Board may hold a representation vote among employees within the proposed bargaining unit. If a vote is ordered, then a secret ballot vote is conducted to allow employees to vote for or against union representation. For the union to be certified, a majority of votes must be in the union’s favor.

  1. Certification: If the union receives majority support either from the single step process or from the vote, then the BCLRB issues a certification order. This official document grants the union the exclusive authority to represent the employees.
  2. Collective Bargaining: Following certification, the union can begin negotiations with the employer to establish a collective agreement outlining the terms of employment for its members.

Why is it Important to Understand Union Certification?

Being well-informed about the union certification process in British Columbia is key for maintaining healthy labour relations. When a certification drive or application happens, the process moves quickly as the BCLRB deals with certification applications on an expedited basis. Employers only have a short window to raise any objections to the certification application so it is essential to be informed about the certification process and seek guidance from experienced labour lawyers.

This blog is not legal advice and only provides general information.  Every situation must be considered on its own facts.

Need legal advice? Contact us [email protected] or 604-535-7063. Our team of labour lawyers in BC and Alberta are ready to answer your questions.

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