YOUR RIGHT TO JOIN A UNION

The Ontario Labour Relations Act protects your right to join a Union without fear of reprisal or discrimination from you employer. Your employer may express their views so long as they do not use coercion, intimidation, threats, promises or undue influence. No person acting on behalf of the Union can use intimidation or coercion in an effort to compel you to become a member of the Union.

More specifically the Ontario Labour Relations Act states:

Section 5.

Every person is free to join a trade union of the person's own choice and to
participate in its lawful activities.

Section 70.

No employer or employers' organization and no person acting on behalf of an
employer or an employers' organization shall participate in or interfere with the formation,
selection or administration of a trade union or the representation of employees by a trade union
or contribute financial or other support to a trade union, but nothing in this section shall be
deemed to deprive an employer of the employer's freedom to express views so long as the
employer does not use coercion, intimidation, threats, promises or undue influence.

Section 72.

No employer, employers' organization or person acting on behalf of an employer or
an employers' organization,

 (a) shall refuse to employ or to continue to employ a person, or discriminate against a
 person in regard to employment or any term or condition of employment because the
 person was or is a member of a trade union or was exercising any other rights under this
 Act;

 (b) shall impose any condition in a contract of employment or propose the imposition of
 any condition in a contract of employment that seeks to restrain an employee or a person
 seeking employment from becoming a member of a trade union or exercising any other
 rights under this Act; or

 (c) shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of
 a pecuniary or other penalty, or by any other means to compel an employee to become or
 refrain from becoming or to continue to be or to cease to be a member or officer or
 representative of a trade union or to cease to exercise any other rights under this Act.

Section 77

Nothing in this Act authorizes any person to attempt at the place at which an
employee works to persuade the employee during the employee's working hours to become or
refrain from becoming or continuing to be a member of a trade union.
 

CERTIFICATION PROCESS

During an organizing drive employees will be asked to sign a card indicating their decision to be represented by the Union. If enough employees show support by signing membership cards (CWA 30248 uses 60% as an acceptable number) the Union will make an application to the Labour Relations Board to be certified as the bargaining agent for the employees. As not all employees i.e. managers, are appropriate to be represented by the Union the Labour Relations Board will determine what employees are to be represented by the Union. If the Labour Relations Board determines that at least 40% of those employees have signed cards they will conduct a representation vote. If more than 50% of the ballots cast are in favour of being represented by the Union the Board will certify the Union as bargaining agent.

COLLECTIVE BARGAINING

Collective Bargaining is the process of negotiating with your employer the terms and conditions of employment. The first stage of Collective Bargaining would be for you and your co-workers in the new bargaining unit to meet as a group to discuss your goals for a Collective Agreement. A bargaining committee would be elected and with the assistance of  a Union Representative negotiate with your employer. Any agreement reached must be ratified by the bargaining unit as conducted through a secret ballot vote.