ARTICLE
19 December 2017

Construction Industry In Ontario: What Employers Need To Know About Unionization

MT
Miller Thomson LLP

Contributor

Miller Thomson LLP (“Miller Thomson”) is a national business law firm with approximately 525 lawyers working from 10 offices across Canada. The firm offers a complete range of business law and advocacy services. Miller Thomson works regularly with in-house legal departments and external counsel worldwide to facilitate cross-border and multinational transactions and business needs. Miller Thomson offices are located in Vancouver, Calgary, Edmonton, Regina, Saskatoon, London, Waterloo Region, Toronto, Vaughan and Montréal.
Union certification is the process by which a union gains the right to represent employees of an employer in relation to the terms and conditions of employment, more commonly referred to as unionization.
Canada Employment and HR

Union certification is the process by which a union gains the right to represent employees of an employer in relation to the terms and conditions of employment, more commonly referred to as unionization.

In the construction industry in Ontario, a union must file an Application with the Ontario Labour Relations Board (the "Board") asking to be certified to represent an employer's employees.

In Ontario, the construction industry is subject to "card based certification".  This means the union will seek support from employees by having them sign cards/documents.

Where the union can only show 40-55% support, the Board will order a secret ballot vote, where the union must attain 50% +1 of the vote in order to then become certified.

If the union can show that it has support from at least 55% of the employees it proposes to represent, the Board will usually grant certification without any vote.

Since only the employees working on the day of the Application will generally be counted for the purposes of meeting the support threshold, or setting the voting constituency, it is important for non-unionized employers to always be aware of the threat of unionization and who is working on any given day.

Lastly, if served with an Application for Certification, employers must act quickly by contacting legal counsel, as a Response must be filed with the Board within 2 days from receiving the Application.

For most construction employers, unionization can be debilitating to their economic survival.  As such, it is important to be constantly aware and engage expert legal counsel.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More