Canadian Lawyers, to me! (involves possible union busting)

[Camerus]

I am trying to do some research on the topic of voluntarily recognized unions.  Specifically, the question is whether an employer has the authority to withdraw recognition of the union once the collective agreement has expired, thus causing the bargaining agent to cease to exist. 

There are no precedents that I could find in the federal jurisdiction on this specific issue.  However, what evidence there is available (reading the Canada Labour Code and some  Canada Labour Board decisions that touch on related issues) leads me to believe that the employer does *not* have the authority to do this; and that the union will continue to exist even after the expiry of the collective agreement.

Now I am looking for more information on this topic in other jurisdictions, specifically in Ontario (though other provinces would be useful, too).  However, I am not really sure where to turn next, not being a lawyer and not being terribly familiar with this type of research.  Of utmost utility would obviously be any decisions on this exact quesiton.  Any hints or suggestions?

[Barrister]

I think once certified only the labour board can decertify a bargaining unit.

CC would be the one to ask though.

[Camerus]

I see.  Then hopefully he will see this thread soon.   

Just additional clarification:  voluntarily recognized unions have never been certified by a labour board, but rather came into existence through initial agreement between employer and its employees.

[crazy canuck]

Unions that are voluntarily recognized are certified.  The only difference is that no certification hearing is required.  That may be what you mean by "never certified by a labour board".

Once a Union is certified either by voluntary recognition or by hearing before the labour board all the normal rules and procedures under the applicable labour code apply.

That is probably why you having difficulty finding a particular case.  After the certification there is no distinction between the two except that if a rival union wishes to represent the bargaining unit the rival union may challenge the bona fides of the voluary recognition which would result in a battle between the unions over who should represent the bargaining unit.

BB is correct.  Once a union is certified (through whatever means)  the Employer has no ability to affect that certification at all.  The only people who can do that are the workers in the bargaining unit who may vote to decertify or vote to accept representation by another union (which happens more and more often as unions fight turf wars).

If an employer attempts to influence a decertification vote they are liable to be found guilty of an unfair labour practice which would probably result in the Labour Board order securing the presence of the Union for some years.


edit: as for a source.  I dont know the Ontario Labour Code but your answer is probably in the definitions of a certification or Union under the Code which probably includes a Union which has been voluntarily recognized.  ie the answer is in the Code.

[Camerus]

Thanks a lot, CC.   

Yeah, as I said in the OP, it was my impression as well that an employer could not remove recognition of the voluntarily certified union once the agreement expired.  However, without a legal background myself or any exact cases to back up my impression, my manager seemed uncertain about my opinion and asked me to look for cases in other jurisdictions (I normally deal exclusively within the federal).

Anyway, thanks for that info.   

[Admiral Yi]

  You mean once an employer signs a collective bargaining agreement he's essentially stuck with it until the second coming?

[Barrister]

You mean once an employer signs a collective bargaining agreement he's essentially stuck with it until the second coming?

Stuck with the union, yes.  Each individual CBA can of course be renegotiated.

Incedentally that's why negotiating a first contract can be very, very contentious.

[Admiral Yi]

Yikes.

[Camerus]

Yeah, so be careful about voluntarily acknowledging a union.  It's like fathering a child:  once you've made it, you're stuck with it.   


Employees, however, can seek to have a union decertified on a variety of grounds.

[Neil]

That's why you should always fire your employees whenever they try and unionize, and execute the ringleaders.

[Grey Fox]

Unions <3

[crazy canuck]

Yeah, so be careful about voluntarily acknowledging a union.  It's like fathering a child:  once you've made it, you're stuck with it.   


Employees, however, can seek to have a union decertified on a variety of grounds.

It is a difficult decision to make.  But sometimes it is the best choice.  For example is union x (being a very militant union) is signing up employees an employer may choose to voluntarily bring in union Y instead.

[crazy canuck]

You mean once an employer signs a collective bargaining agreement he's essentially stuck with it until the second coming?

More to the point, once a workforce unionizes the employer is stuck with the union until the employees choose to decertify.  Collective Agreements often change as through time.

[Jacob]

You mean once an employer signs a collective bargaining agreement he's essentially stuck with it until the second coming?

No.

It means that once he signs a collective bargaining agreement he's stuck with it until the term expires - maybe three years, maybe five, maybe another amount.

Once that collective bargaining agreement is up, he's probably going to have to negotiate a new collective bargaining agreement with the same union he signed the previous one with unless it got decertified or replaced.

[viper37]

Employees, however, can seek to have a union decertified on a variety of grounds.

It happened recently around here, in a Wal-Mart.  Employees got tired of paying for nothing.