FREEDOM AND RIGHTS

 

Trade union and employers’ organization

2(1) Every employee has the right to be a member of a trade union and to participate in the lawful activities thereof.

 

Employer and employee rights

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3(1) No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall participate in or interfere with the formation, selection or administration of a trade union or council of trade unions or the representation of employees by a trade union or council of trade unions or contribute financial or other support to it, …

 

*What this means is that as an employee, it is your right by law to become a union member, and unionize your place of employment without threat of harassment or intimidation.

 

Representation vote

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14(1) When, pursuant to an application for certification under this Act by a trade union, the Board has determined that a unit of employees is appropriate for collective bargaining, the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and the number of employees in the unit who were members of the trade union at such time as is determined under paragraph 126(2)(e).

 

14(2) If the Board is satisfied that not less than forty per cent and not more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may direct that a representation vote be taken.

 

14(3) If, on the taking of a representation vote, more than fifty per cent of the ballots of all those eligible to vote are cast in favour of the trade union, and, in other cases, if the Board is satisfied that more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit.

 

14(4) In determining the number of eligible voters for the purpose of subsection (3), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.

 

14(5) If, on any application to which this section refers, the Board is satisfied that more than fifty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may certify the trade union as bargaining agent without taking a representation vote.

 

*What this means is that as employees, you have the ability to unionize your workplace by a vote or have the majority of your coworkers support a union workplace.