How to Get a Union

If you know you have an open period coming up, the easiest way to get another union instead of CLAC is to contact a union that represents workers in your area and ask them to help you make a certification application to the Labour Relations Board. This is often called a “raid,” and can only happen during open periods.

The raiding union you and your co-workers choose must present evidence to the Board that it has the support of at least 40 per cent of the employees in the bargaining unit. This is done is by having employees sign a union membership card (or sometimes a petition) indicating the desire to be represented by that union. In Alberta, workers signing cards must also pay $2.00 as an applicationfee.

In practice very few unions would file for application with only 40-per-cent support. The goal is to talk to all employees in the bargaining unit and have as many employees as possible support the new union.

Once at least 40 per cent of employees have signed cards indicating their support for a union, an application is made to the Labour Relations Board.

If the Board is satisfied the application meets the requirements, it usually holds an employee vote. If a majority of employees voting choose to be represented by the raiding union, the Board transfers the bargaining rights and collective agreement from the old union to the new one.

Then, you’ve got a union!

How to Get Rid of CLAC without Getting a New Union

We think that it is in the best interest of working people to belong to real unions. Unions give workers rights at work and a way to ensure they are treated fairly.

However, at the end of the day, it’s always up to the workers themselves to decide if they want a union. If you want to get rid of CLAC but don’t want to replace it with another union, you can do that too.

Filing an employee revocation entails the following steps:

• at least 40 per cent of the employees in the bargaining unit must sign a petition supporting the revocation of the union;
• the petition and an application form is submitted to the Labour Relations Board during an open period;
• the Board investigates the application and may hold hearings;
• if the application meets the requirements of the Code, the Board holds a secret-ballot vote of the affected employees; and
• if the majority of the employees voting vote in favour of the revocation, the Board normally revokes the union’s bargaining rights, terminating any existing collective agreement.

Some employers try to get rid of unions that are standing up for its members by using the rules to try and decertify the union. For this reason, there are rules in place about management not being involved in a decertification attempt.

For more information about getting rid of CLAC without getting a new union, visit the Alberta Labour Relations Board. [http://www.alrb.gov.ab.ca/faq_revocations.html]

Unions You Can Call

If you’d like information about unions in Alberta that represent workers in some of the areas covered by CLAC contracts call or write to the Alberta Federation of Labour.

Alberta Federation of Labour
www.afl.org
Tel: 1-800-661-3995
email afl@afl.org

How to Join a Union!

Your right to organize or join a union is protected by legislation. In Alberta, the Labour Relations Code defines how to form a union and lays out the rules for union certification, bargaining, etc. The act clearly states "an employee has the right to be a member of a trade union and to participate in its lawful activities, and to bargain collectively with the employee's employer through a bargaining unit."

Unfortunately, as with most labour law in Alberta, there is often a big difference between what employers are allowed to do and what they actually do. With this in mind, it is important to know your rights when it comes to organizing a union.

As a general rule, employers don't like unions and will try to stop them from being organized - so workers should always use caution when researching, communicating with or organizing a union at their workplace. Contacting the Alberta Federation of Labour or an affiliated union can help you through the process.

What Employers and Unions Can Do

It is important to know that the process is totally confidential. Unions won't tell an employer who has signed cards, the Board is not allowed to release information on who has signed cards, and the vote is conducted in secret by the Board.

The choice to form a union is up to the workers alone. The Labour Relations Code also prohibits employers from doing certain things which will interfere with the rights of employees to freely choose whether to form a union. These actions are called unfair labour practices.

Employers cannot:

• make it a condition of employment that you do not join a union;
• fire you if you are a member of a union or trying to organize a union;
• contribute financial or other support to a union;
• participate in or interfere with the formation of a union, it is up to the employees to decide whether or not to form a union; or
• use coercion, intimidation, threats, promises or undue influence to interfere with employees unionizing. 

Some examples of other things employers cannot do are:

• promise employees a pay increase, better working conditions, additional benefits or special favours if they stay out of the union;
• threaten to fire or reduce the wages of people who support the union;
• threaten to close or move the company or drastically change operations if the union is voted in;
• spy on workers attending union meetings;
• tell employees that the company will refuse to bargain with a union if it is certified;
• intentionally assign the worst jobs to union supporters;
• threaten or discipline workers for talking to other employees or getting them to sign union cards during non-working times, including breaks;
• transfer employees who support the union to other worksites to disrupt the union drive;
• ask workers how they intend to vote in a union certification vote;
• ask employees about union meetings or who they know have signed union cards;
• urge loyal employees to persuade other employees not to support the union; or 
• allow the production of anti-union literature using company equipment.

Likewise, there are rules governing what a union can and cannot do. A union cannot:

• organize on the employer's premises during an employee's working hours without the consent of the employer;
• use coercion, intimidation, threats, promises or undue influence to encourage trade union membership; or 
• interfere with the performance of work because certain employees are not members of a particular trade union.

In addition, once a union applies for certification, the conditions of employment are frozen. The Board does this because employers will often try to make conditions better at a workplace, by raising wages for example, in an attempt to convince employees to vote against forming a union.

An employer is prohibited from altering the rates of pay or any term or condition of employment or any right or privilege of any employee from the date of the application until 30 days after certification is granted. If the union serves notice to bargain within those 30 days, the employer may not alter working conditions for a further 60 days.

This rule does not apply to changes in the conditions of employment that are customary, such as a raise that is given to employees every year that happens to fall within this period.

Once you and your fellow employees have decided that a union can help you stand up for your rights as workers and improve your workplace, you've taken the first step in the process of forming a union.