RIGHTS OF EMPLOYERS AND EMPLOYEES

 

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

 

Unfair Labour Practices

 

10. Employer unfair labour practices (1) No employer, employers’ organization or an agent or any other person acting on behalf of an employer or employers’ organization shall (a) interfere with, restrain or coerce an employee in the exercise of any right conferred by this Act; (b) participate or interfere with the formation, selection or administration of a trade union or other labour organization or the representation of employees by a trade union or other labour organization; or contribute financial or other support to such trade union or labour organization; (c) suspend, transfer, refuse to transfer, lay-off, discharge, or change the status of an employee or alter any term or condition of employment, or use coercion, intimidation, threats or undue influence, or otherwise discriminate against any employee in regard to employment or any term or condition of employment, because the employee is a member or officer of a trade union or has applied for membership in a trade union; (d) refuse to employ any person because such person is a member or officer of a trade union or has applied for membership in a trade union or require as a condition of employment that any person shall abstain from joining or assisting or being active in any trade union or from exercising any right provided by this Part; (e) fail or refuse to bargain collectively in accordance with this Act; (f) call, authorize, counsel, procure, support, encourage or engage in a lockout except as permitted by section 41.

 

*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

 

13(4) Where the board has taken a representation vote under this Act and a majority of eligible employees in the unit appropriate for collective bargaining vote in favour of the applicant union, the board may determine that a majority of the employees in the unit wish the applicant union to be certified as bargaining agent of such employees.

 

Certification of bargaining agent

 

13(5) If the board is satisfied that a majority of the employees in a unit appropriate for collective bargaining wish the applicant trade union to be certified as bargaining agent of such employees, the board shall certify the trade union as the bargaining agent of the employees in that unit.

 

CERTIFICATION

 

54. Certification of bargaining agent (1) Where a trade union makes application for certification as bargaining agent for a unit of employees of an employer, the board shall forthwith make or cause to be made such examinations of records and other inquiries as it considers necessary and shall determine (a) whether the unit applied for is appropriate for collective bargaining; and (b) whether a majority of the employees in the unit wish the applicant trade union to be certified as bargaining agent for such employees.

 

*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.